SRA Standards and Regulations

Decisions to disqualify a person

An authorised decision maker may decide to disqualify a person under rule 3.1(c) only where they are satisfied that it is undesirable for the person to engage in the relevant activity or activities.

Applications to the tribunal

An authorised decision maker may decide to make an application to the Tribunal in respect of a firm or an individual under rule 3.1(g) only where they are satisfied that: there is a realistic prospect of the Tribunal making an order in respect of the allegation; and it is in the public interest to make the application. Where an authorised decision maker has made an application to the Tribunal,...

Evidential and procedural matters

The SRA may vary the procedure set out in these rules where it considers that it is in the interests of justice, or in the overriding public interest, to do so. A decision under rule 3 may be made by agreement between the relevant person and the SRA. Before reaching a decision under rule 3, an authorised decision maker or adjudication panel may give directions for the fair and effective...

Costs

An authorised decision maker may require a person who is the subject of a decision under rule 3.1(a) to (f) to pay a charge in accordance with Schedule 1 to these rules. The authorised decision maker may decide to charge less than the amount that would be payable in accordance with Schedule 1 if they consider that it would be just in all the circumstances to do so. Any charge must be paid by...

Schedule 1

This schedule sets out the basis for calculating the charges payable under rule 10. The SRA will record the amount of time spent by the SRA or its agents in investigating the matter, including time spent on correspondence, evidence gathering and analysis, and report writing. The standard charges are as follows: Number of hours spent investigating matter Standard Charge Under 2 hours £300 2...

Assessment

When considering your character and suitability, the SRA will take into account the overriding need to: protect the public and the public interest; and maintain public trust and confidence in the solicitors' profession and in legal services provided by authorised persons. In doing so, the SRA will take into account the nature of your role, and your individual circumstances, on a case by case...

Criminal conduct

The SRA will consider criminal conduct when assessing your character and suitability, in accordance with Table 1 below, subject to the Rehabilitation of Offenders Act 1974 and the Rehabilitation of Offenders Act 1974 (Exceptions Order) 1975 and bearing in mind the public interest in supporting the rehabilitation of offenders. For the avoidance of doubt, Table 1 is a non-exhaustive list. Table...

Credit-related regulated financial services activities

You must not enter into any transaction with a client in which you: provide the client with credit card cheques, a credit or store card, credit tokens, running account credit, a current account or high-cost short-term credit; hold a continuous payment authority over the client's account; or take any article from the client in pledge or pawn as security for the transaction. You must not: enter...

Citation

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Adequate and appropriate insurance

Notwithstanding rule 2.1 above, an authorised body must take out and maintain professional indemnity insurance that provides adequate and appropriate cover in respect of current or past practice taking into account any alternative arrangements the body or its clients may make. An authorised body must ensure that its clients have the benefit of the indemnity insurance required under these rules...