[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Made on the 4th day of October 1990 and amended on the 13th day of December 1990 and the 11th day of November 1993 and the 6th day of October 1994 and the 19th day of October 1995 and the 16th day of July 1998 and the 21st day of October 1999 by the Council of the Law Society under Sections 2 and 80 of the Solicitors Act 1974 with the concurrence of the Lord Chancellor, the Lord Chief Justice and the Master of the Rolls. Amended on the 23rd day of October 2007 to incorporate statutory amendments to EU Directives and implementing Regulations. [;END DELETED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulations dated 1 July 2009, made by the Solicitors Regulation Authority Board under sections 2, 79 and 80 of the Solicitors Act 1974 with the approval of the Secretary of State under Schedule 4 to the Courts and Legal Services Act 1990, and [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] made, where requisite, by the Master of the Rolls under section 28 of the Solicitors Act 1974 and article 3 of the Legal Services Act 2007 (Commencement No. 5, Transitory and Transitional Provisions) Order 2009 with the concurrence of the Secretary of State and the Lord Chief Justice under article 3 of the Legal Services Act 2007 (Commencement No. 5, Transitory and Transitional Provisions) Order 2009. [;END INSERTED MATTER;]
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] 1. [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Title and [;END DELETED MATTER;] Commencement [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] and repeal [;END INSERTED MATTER;] [;END DELETED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (1) [;END DELETED MATTER;] These regulations [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] may be cited as the Qualified Lawyers Transfer Regulations 1990 and save as provided in paragraph (2) [;END DELETED MATTER;] come into force on [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] the 23rd day of December 1998 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] [ [;END INSERTED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 1 July 2009 [;END INSERTED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] ], on which date the Qualified Lawyers Transfer Regulations 1990 shall cease to have effect [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (2) Regulation 11 shall come into force on the coming into force of paragraph 11(1) of the 19th Schedule to the Courts and Legal Services Act 1990. [;END DELETED MATTER;]
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] 2. Interpretation and definitions [;END DELETED MATTER;]
- 1.
The Interpretation Act 1978 applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
- 2.
Words and phrases not expressly defined in these regulations unless the context otherwise requires bear the same meaning as they bear in the Solicitors Act 1974.
- 3.
In these regulations:
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
"training contract" bears the same meaning as in the Training Regulations 1990; [;END DELETED MATTER;]
- "eligible applicant" means a person eligible to attempt a Qualified Lawyers Transfer Test who has obtained a certificate from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] to that effect;
- "overseas lawyer" means a member of one of the professions listed in the Schedule to these regulations;
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
"Society" means the Law Society; [;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
"Society's agent" means a body, firm, company or individual authorised by the Society from time to time for the provision and assessment of the test; [;END DELETED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] "SRA" means the Solicitors Regulation Authority; [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] "SRA's agent" means a body, firm, company or individual authorised by the SRA from time to time for the provision and assessment of the Test; [;END INSERTED MATTER;]
- "Test" means the Qualified Lawyers Transfer Test which is an assessment of competence in the subjects specified in these Regulations; [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] and [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] "training contract" bears the same meaning as in the Solicitors' Training Regulations. [;END INSERTED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
"Training Regulations" means the Training Regulations made from time to time by the Council of the Society. [;END DELETED MATTER;]
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 3. Marginal Notes [;END DELETED MATTER;] [;END DELETED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] The Marginal Notes do not form part of these Regulations. [;END DELETED MATTER;]
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 4. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 3. [;END INSERTED MATTER;] Subjects assessed [;END DELETED MATTER;]
The subjects assessed by the Test are:
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 5. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 4. [;END INSERTED MATTER;] Eligibility [;END DELETED MATTER;]
- 1.
A person seeking to establish eligibility under these regulations to apply for admission must provide such evidence as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may require that the applicant:
- a.
is a person to whom any of [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulations 6 to 15 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulations 5 to 14 [;END INSERTED MATTER;] applies; and
- b.
is suitable to be admitted as a solicitor.
- 2.
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is satisfied that an applicant is so eligible it must issue a certificate to that effect stating any subjects in the Test which the applicant is required to pass and in respect of applications to whom [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulations 6, 10, 11 or 15 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulations 5, 9, 10 or 14 [;END INSERTED MATTER;] apply any other conditions which the applicant must satisfy. A person who does not hold such a certificate may not attempt the Test.
- 3.
In making any determination under [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulations 6 to 15 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulations 5 to 14 [;END INSERTED MATTER;] , the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] shall have regard to the nature and extent of the applicant's practical experience in the law of England and Wales and any other academic or other qualification.
- 4.
A Certificate of Eligibility shall remain valid for a period of three years from the date of its issue.
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 6. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 5. [;END INSERTED MATTER;] Barristers qualified in England [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] and Wales [;END INSERTED MATTER;] [;END DELETED MATTER;]
Unless the SRA otherwise determines a member or former member of the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] English Bar ("an English barrister") [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Bar of England and Wales [;END INSERTED MATTER;] must have, prior to applying for admission, passed the Test in Professional Conduct and Accounts, and
- a.
satisfactorily completed 12 months pupillage and 12 months legal practice acceptable to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] ; or
- b.
completed two years legal practice acceptable to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] ; or
- c.
been employed in a way consistent with service under a training contract for such a period not exceeding two years as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may determine.
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 7. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 6. [;END INSERTED MATTER;] Solicitors qualified in Scotland [;END DELETED MATTER;]
Unless the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] otherwise determines a person who has been admitted as a solicitor in Scotland must:
prior to applying for admission.
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 8. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 7. [;END INSERTED MATTER;] Solicitors qualified in Northern Ireland [;END DELETED MATTER;]
Unless the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] otherwise determines a person who has been admitted as a solicitor in Northern Ireland is not required to pass any subject of the Test.
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 9. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 8. [;END INSERTED MATTER;] Advocates qualified in Scotland [;END DELETED MATTER;]
Unless the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] otherwise determines a person who has been admitted as an Advocate in Scotland must, prior to applying for admission, pass the Test in:
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 10. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 9. [;END INSERTED MATTER;] Barrister qualified in Northern Ireland [;END DELETED MATTER;]
Unless the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] otherwise determines a person who has been admitted to the Bar of Northern Ireland [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] ("a [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Northern Ireland [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] barrister") [;END DELETED MATTER;] must have prior to applying for admission:
- a.
passed the Test in Professional Conduct and Accounts;
- b.
satisfactorily completed 12 months pupillage and 12 months legal practice acceptable to the SRA; or
- c.
completed two years legal practice acceptable to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]SRA [;END INSERTED MATTER;] ; or
- d.
been employed in a way consistent with service under a training contract for such a period not exceeding two years as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may determine.
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 11. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 10. [;END INSERTED MATTER;] Certain overseas [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Solicitors [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] lawyers [;END INSERTED MATTER;] [;END DELETED MATTER;]
- 1.
An overseas lawyer who has qualified in one of the professions listed in the Schedule to these regulations by passing the qualifying examinations required of a person who has not previously qualified for admission in any other jurisdiction must, prior to applying for admission, pass the Test in such subjects as are specified in the Schedule unless in any individual case the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] grants a waiver.
- 2.
An overseas lawyer to whom paragraph (1) of this regulation applies may also be required to complete such a period of experience in legal practice, not exceeding two years, as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may determine, prior to applying for admission.
- 3.
Paragraphs (4) and (5) of this regulation apply to overseas lawyers who have not passed the qualifying examinations required of a person who has not previously qualified for admission in any other jurisdiction for qualification in one of the professions listed in the Schedule to these regulations.
- 4.
An overseas lawyer to whom paragraph (3) applies must apply to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] who will determine whether the overseas lawyer is an eligible applicant and if so:
- a.
which subjects (if any) the overseas lawyer must pass in the Test prior to applying for admission; and
- b.
whether the overseas lawyer must complete a period of employment consistent with service under a training contract before applying for admission and if so, for how long the overseas lawyer must be employed.
- 5.
For the avoidance of doubt, if the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] determines that an overseas lawyer to whom paragraph (3) applies is not an eligible applicant, that overseas lawyer must complete the academic and vocational stages of training in accordance with the [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Solicitors' [;END INSERTED MATTER;] Training Regulations.
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 12. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 11. [;END INSERTED MATTER;] European Community lawyers [;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(a) [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (1) [;END INSERTED MATTER;] Any lawyer [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] applying for admission [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] seeking to establish eligibility [;END INSERTED MATTER;] pursuant to [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] European Communities Directive No [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Directive [;END INSERTED MATTER;] 2005/36/EC or any legislation implementing [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] the [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] that [;END INSERTED MATTER;] Directive in the UK, who in accordance with that legislation is required by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] to pass an aptitude test, shall be required to pass the Test in such subjects as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] shall determine.
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(b) [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (2) [;END INSERTED MATTER;] Any lawyer [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] applying for admission [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] seeking to establish eligibility [;END INSERTED MATTER;] pursuant to [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] EC directive [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Directive [;END INSERTED MATTER;] 98/5/EC or any legislation implementing [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] the [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] that [;END INSERTED MATTER;] Directive in the UK shall be exempt from an aptitude test if they can prove to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] that they have met the requirements of the Directive and in particular that they have [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] : [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (a) [;END INSERTED MATTER;]
effectively and regularly pursued for a period of at least three years an activity in the United Kingdom in the law of the United Kingdom including Community Law [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] in accordance with article 10.1 of the Directive; or [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (b) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] effectively and regularly pursued a professional activity in the [;END INSERTED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] United Kingdom [;END INSERTED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] for a period of at least three years but for a lesser period in the law of the [;END INSERTED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] United Kingdom [;END INSERTED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] , under the conditions set out in article 10.3 of the Directive. [;END INSERTED MATTER;]
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 13. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 12. [;END INSERTED MATTER;] Solicitors and barristers qualified in [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Republic [;END INSERTED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] of [;END INSERTED MATTER;] Ireland [;END DELETED MATTER;]
Notwithstanding [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulation 12 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 11 [;END INSERTED MATTER;] , unless the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] otherwise determines:
- a.
a person who has been admitted as a solicitor in [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] the [;END INSERTED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Republic [;END INSERTED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] of [;END INSERTED MATTER;] Ireland is not required to pass any subject in the Test;
- b.
a person who has been admitted to the Bar of Ireland must pass the Test in:
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 14. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 13. [;END INSERTED MATTER;] Distinguished specialist practitioners [;END DELETED MATTER;]
A lawyer:
- a.
qualified in any jurisdiction outside England and Wales; and
- b.
having at least 10 years practising experience; and
- c.
able to demonstrate by references acceptable to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] , publications or other evidence acceptable to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] that he has substantial experience and an acknowledged international reputation as a distinguished specialist practitioner in one or more fields of practice commonly undertaken by solicitors in England and Wales,
shall be required to pass the Test in such subjects as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] shall determine prior to applying for admission in England and Wales.
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 15. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 14. [;END INSERTED MATTER;] Academic lawyers [;END DELETED MATTER;]
A person who has taught on courses forming part of the process of qualification as a solicitor for 10 years full-time or a commensurately longer period part-time must have prior to applying for admission:
- a.
passed the Test in such subjects as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] shall determine; and
- b.
undertaken legal practice acceptable to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] and which, unless the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] otherwise determines:
- i.
amounts in total to the equivalent of 2 years full-time employment;
- ii.
is undertaken over a total period not exceeding 6 years immediately preceding the date of application for admission;
- iii.
is undertaken for at least half of the time in blocks of not less than 2 months.
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 16. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 15. [;END INSERTED MATTER;] Time of holding the Test [;END DELETED MATTER;]
The Test will be held at such times as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may determine.
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 17. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 16. [;END INSERTED MATTER;] Review of decisions on eligibility [;END DELETED MATTER;]
- (1)
A person seeking to establish eligibility under [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulation 5 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 4 [;END INSERTED MATTER;] may [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] : (a) [;END DELETED MATTER;] within one month of receiving notification from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of any decision ask for the application to be reviewed [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] ; and [;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(b) [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] within three months, or such longer period as may be proscribed by or under statute, of receiving notification from the Society of its decision on an application for review under paragraph (a) apply to the Master of the Rolls who may: [;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(i) [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] affirm the decision of the Society; or [;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(ii) [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] make such other order as the Master of the Rolls thinks fit [;END DELETED MATTER;] .
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (2) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Where in the case of an applicant seeking to establish eligibility other than pursuant to Directive 2005/36/EC or Directive 98/5/EC the SRA has: [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (a) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] refused the initial application on the ground that the applicant is not suitable to be admitted as a solicitor, and [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (b) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] has refused to reverse that refusal on a review; [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] the applicant has the right, within three months of receiving notification from the SRA of its decision on the review, to appeal to the High Court under regulation 4 of the Solicitors' Admission Regulations. [;END INSERTED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(2) [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (3) [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (a) [;END INSERTED MATTER;]
Where in the case of an applicant [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] applying for admission [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] seeking to establish eligibility [;END INSERTED MATTER;] pursuant to [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] European Communities Directive No [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Directive [;END INSERTED MATTER;] 2005/36/EC the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA: [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (i) [;END INSERTED MATTER;]
fails to take a decision on the initial application and notify it to the applicant within four months of receipt of all the relevant documents [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] ; or [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (ii) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] refuses the initial application; or [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (iii) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] refuses to reverse that refusal on a review [;END INSERTED MATTER;] ;
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] an appeal may be made to the Master of the Rolls in accordance with [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] the applicant has the right, within three months of receiving notification or deemed notification of the SRA's decision, to appeal to the High Court under [;END INSERTED MATTER;] regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007.
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (b) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Once the deadline in (a)(i) above has passed without the SRA issuing a certificate of eligibility or notifying the applicant of refusal, the application is deemed, for the purpose of an appeal under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007, to have been refused and refusal notified to the applicant on that date. [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (4) [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (a) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Where in the case of an applicant seeking to establish eligibility pursuant to Directive 98/5/EC the SRA: [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (i) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] fails to take a decision on the initial application and notify it to the applicant within four months of receipt of all the relevant documents; or [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (ii) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] refuses the initial application; or [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (iii) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] refuses to reverse that refusal on a review;
[;END INSERTED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] the applicant has the right, within three months of receiving notification or deemed notification of the SRA's decision, to appeal to the High Court under regulation 35 of the European Communities (Lawyer's Practice) Regulations 2000. [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (b) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Once the deadline in (a)(i) above has passed without the SRA issuing a certificate of eligibility or notifying the applicant of refusal, the application is deemed, for the purpose of an appeal under regulation 35 of the European Communities (Lawyer's Practice) Regulations 2000, to have been refused and refusal notified to the applicant on that date. [;END INSERTED MATTER;]
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 18. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 17. [;END INSERTED MATTER;] Misbehaviour of prospective solicitor [;END DELETED MATTER;]
- (1)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] at any time is not satisfied as to the suitability to become a solicitor of any person whom it has certified eligible under [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulation 5 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 4 [;END INSERTED MATTER;] it may on such terms as it determines:
- (a)
prohibit an attempt at the Test; or
- (b)
refuse to recognise periods of employment as consistent with service under a training contract. [;END INSERTED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] ; or [;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(c) [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] oppose admission as a solicitor[;END DELETED MATTER;]
- (2)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] imposes a prohibition or other sanction under paragraph (1) the unadmitted person may [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (a) [;END DELETED MATTER;] within one month of receiving notification from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of its decision, ask for the matter to be reviewed [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] , and [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] . [;END INSERTED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(b) [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (3) [;END INSERTED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] If the unadmitted person has been certified eligible other than pursuant to Directive 2005/36/EC, he or she has the right to appeal to the High Court under regulation 5 of the Solicitors' Admission Regulations [;END INSERTED MATTER;] within three months of receiving notification from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of its decision on [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] an application for [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] a [;END INSERTED MATTER;] review under paragraph (2) [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (a) apply to the Master of the Rolls who may: [;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(i) [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] affirm the decision of the Society; or [;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(ii) [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] make such other order as the Master of the Rolls thinks fit; [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] . [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (4) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Where in the case of an applicant who has been certified eligible pursuant to Directive 2005/36/EC, the SRA: [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (a) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] prohibits an attempt at the Test under paragraph (1); or [;END INSERTED MATTER;]
- [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (b) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] refuses to lift that prohibition on an application for review;
[;END INSERTED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] the applicant has the right, within three months of receiving notification of the SRA's decision, to appeal to the High Court under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007. [;END INSERTED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(c) [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (5) [;END INSERTED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] An unadmitted person may [;END INSERTED MATTER;] make [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] not more than [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] up to [;END INSERTED MATTER;] three applications to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] to remove a prohibition or other sanction [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] at [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] after [;END INSERTED MATTER;] intervals of not less than twelve months [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] of the Society's decision under paragraph (1); [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] from the final determination as to the imposition of the prohibition or sanction, or from the final determination of the unadmitted person's previous application for review, as the case may be. [;END INSERTED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(d) [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (6) [;END INSERTED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] The unadmitted person has the right to appeal to the High Court under regulation 5 of the Solicitors' Admission Regulations [;END INSERTED MATTER;] within three months of receiving notification from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of its decision on an application for the removal of a prohibition or sanction under [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] paragraph (2)(c), apply to the Master of the Rolls who may: (i) affirm the decision of the society; or (ii) make such order as the master of the Rolls thinks fit [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] paragraph (5) [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 19. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 18. [;END INSERTED MATTER;] Forms and fees [;END DELETED MATTER;]
- 1.
A person wishing to attempt the Test must give notice to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society's [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA's [;END INSERTED MATTER;] agent in the prescribed form and pay the prescribed fee.
- 2.
A person wishing to make an application or give notice to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] in accordance with these regulations must do so in the prescribed form and pay the prescribed fee.
- 3.
When at the time of the making of an application or giving of a notice no form has been prescribed by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] or the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society's [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA's [;END INSERTED MATTER;] agent the application or notice must be in writing, signed by the applicant or the person giving it and give such information as is necessary to enable the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] or the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society's [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA's [;END INSERTED MATTER;] to deal with the application or to comply with the regulation under which the notice is given.
- 4.
Whether or not the application is made or notice given on a prescribed form the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may require the applicant or the person giving notice to furnish such further information as it considers necessary.
- 5.
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may require any application to be supported by such evidence as it considers necessary and it may require facts relevant to any application to be deposed to by statutory declaration and may require the attendance of the applicant for interview.
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 19. Admission as a solicitor [;END INSERTED MATTER;] [;END DELETED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Admission as a solicitor takes place under Part 3 of the Solicitors' Admission Regulations. [;END INSERTED MATTER;]
[;BEGIN MATTER DELETED ON 31 MARCH 2010 BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] Schedule [;END DELETED MATTER;]
Lawyers of the following Courts who wish to be admitted as solicitors in England and Wales are not required to pass any Heads in the Test if they have passed the qualifying examinations required for admission to such Courts of a person who has not previously qualified for admission in any other territory:
territory1 |
Eligible profession1 |
Hong Kong |
Solicitor |
Isle of Man |
Advocate |
Singapore |
Advocate and Solicitor |
2. Lawyers of the following Courts who wish to be admitted as solicitors in England and Wales and who have passed the qualifying examinations required for the admission to such Courts of a person who has not previously qualified for admission in any other territory are required to pass the Professional Conduct and Accounts Head of the Test:
territory2 |
Eligible profession2 |
Alberta |
Barrister and Solicitor |
Anguilla |
Barrister and Solicitor |
Antigua and Barbuda |
Barrister and Solicitor |
Australian Capital territory2 |
Solicitor Barrister |
Bahamas |
Counsel and Attorney |
Barbados |
Attorney at Law |
Belize |
Attorney at Law |
Bermuda |
Legal Practitioner |
British Columbia |
Barrister and Solicitor |
British Virgin Islands |
Barrister and Solicitor |
Cayman Islands |
Attorney at Law |
Dominica |
Barrister and Solicitor |
Grenada |
Attorney at Law |
Guyana |
Attorney at Law |
Hong Kong |
Barrister |
*India |
Advocate Solicitor |
Jamaica |
Attorney at Law |
Malaysia |
Advocate and Solicitor |
Manitoba |
Barrister and Solicitor |
Montserrat |
Barrister and Solicitor |
New Brunswick |
Barrister and Solicitor |
Newfoundland |
Barrister and Solicitor |
New South Wales |
Solicitor Barrister |
New Zealand |
Barrister and Solicitor |
Northern territory2 |
Barrister and Solicitor |
Northwest Territories |
Barrister and Solicitor |
Nova Scotia |
Barrister and Solicitor |
Ontario |
Barrister and Solicitor |
Papua New Guinea |
Lawyer |
Prince Edward Island |
Barrister and Solicitor |
Queensland |
Solicitor Barrister |
Saskatchewan |
Barrister and Solicitor |
South Australia |
Barrister and Solicitor |
St Lucia |
Barrister and Solicitor |
St Kitts and Nevis |
Barrister |
St Vincent and the Grenadines |
Barrister at Law |
Tasmania |
Barrister and Solicitor |
Trinidad and Tobago |
Attorney at Law |
Turks and Caicos |
Attorney at Law |
Victoria |
Barrister and Solicitor |
Western Australia |
Barrister and Solicitor |
Yukon territory2 |
Barrister and Solicitor |
Zambia |
Advocate |
3. Lawyers of the following Courts who wish to be admitted as solicitor in England and Wales and who have passed the qualifying examinations required for the admission to such Courts of a person who has not previously qualified for admission in any other territory are required to pass the written Heads of the Test in Property [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] , [;END INSERTED MATTER;] and Professional Conduct and Accounts:
territory3 |
Eligible profession3 |
Ghana |
Legal Practitioner |
*Israel |
Advocate |
Lawyers of the following Courts who wish to be admitted as solicitors in England and Wales and who have passed the qualifying examination required for the admission to such Courts of a person who has not previously qualified for admission in any other territory are required to pass the written Heads of the Test i.e., Property [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] , [;END INSERTED MATTER;] Litigation [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] , [;END INSERTED MATTER;] and Professional Conduct and Accounts:
territory4 |
Eligible profession4 |
Alabama |
Attorney at Law |
Alaska |
Attorney at Law |
Arizona |
Attorney at Law |
Arkansas |
Attorney at Law |
California |
Attorney at Law |
Colorado |
Attorney at Law |
Connecticut |
Attorney at Law |
Delaware |
Attorney at Law |
District of Columbia |
Attorney at Law |
Florida |
Attorney at Law |
Georgia |
Attorney at Law |
Hawaii |
Attorney at Law |
Idaho |
Attorney at Law |
Illinois |
Attorney at Law |
Indiana |
Attorney at Law |
Iowa |
Attorney at Law |
Kansas |
Attorney at Law |
Kentucky |
Attorney at Law |
Louisiana |
Attorney at Law |
Maine |
Attorney at Law |
Maryland |
Attorney at Law |
Massachusetts |
Attorney at Law |
Michigan |
Attorney at Law |
Minnesota |
Attorney at Law |
Mississippi |
Attorney at Law |
Missouri |
Attorney at Law |
Montana |
Attorney at Law |
Nebraska |
Attorney at Law |
Nevada |
Attorney at Law |
New Hampshire |
Attorney at Law |
New Jersey |
Attorney at Law |
New Mexico |
Attorney at Law |
New York |
Attorney at Law |
Nigeria |
Barrister and Solicitor |
North Carolina |
Attorney at Law |
North Dakota |
Attorney at Law |
Ohio |
Attorney at Law |
Oklahoma |
Attorney at Law |
Oregon |
Attorney at Law |
Pennsylvania |
Attorney at Law |
Rhode Island |
Attorney at Law |
South Carolina |
Attorney at Law |
South Dakota |
Attorney at Law |
Tennessee |
Attorney at Law |
Texas |
Attorney at Law |
Utah |
Attorney at Law |
Vermont |
Attorney at Law |
Virginia |
Attorney at Law |
Washington |
Attorney at Law |
West Virginia |
Attorney at Law |
Wisconsin |
Attorney at Law |
Wyoming |
Attorney at Law |
Lawyers of the following Courts who wish to be admitted as solicitors in England and Wales and who have passed the qualifying examinations for the required admission to such Courts of a person who has not previously qualified for admission in any other territory are required to pass the written Heads of the Test, Property [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] , [;END INSERTED MATTER;] and Professional Conduct and Accounts and the oral test in the Principles of Common Law:
territory5 |
Eligible profession5 |
Botswana |
Attorney and Advocate |
Namibia |
Attorney and Advocate |
South Africa |
Attorney and Advocate |
Zimbabwe |
Legal Practitioner |
Lawyers of the following Courts who wish to be admitted as solicitors in England and Wales and who have passed the qualifying examinations required for the admission to such Courts of a person who has not previously qualified for admission in any other territory are required to pass all four Heads of the Test:
territory6 |
Eligible profession6 |
Bangladesh |
Advocate |
Pakistan |
Advocate |
Quebec |
Avocat |
Sri Lanka |
Attorney at Law |
Switzerland |
Rechtsanwalt |
* Applicants qualified in India and Israel may also be required to pass the Principles of Common Law Head of the Test depending on whether their law degree was taught in English.