Published 3 May 2016
The SRA Board Delegation Framework sets out how the Board, Committees and Executive work together to discharge the SRA’s functions.
The SRA is the regulator of solicitors and law firms in England and Wales, protecting consumers and supporting the rule of law and the administration of justice. We exercise the regulatory functions conferred on the Law Society of England and Wales (TLS) by statute relating to solicitors, registered European lawyers, registered foreign lawyers, law firms and individuals working and holding roles within those firms. The statutory powers are found within the Solicitors Act 1974, the Administration of Justice Act 1985, the Courts and Legal Services Act 1990, and the Legal Services Act 2007 (LSA 2007).
TLS has delegated its regulatory powers and functions to the SRA Board, an independent committee of its Council. The TLS General Regulations set out the SRA’s terms of reference (regulation 31), as well as making arrangements for oversight of the SRA’s regulatory role by the Council, Business and Oversight Board (BOB), Remuneration Committee (RemCo) and Group Audit Committee (GAC).
Under the General Regulations, the Board is entitled to carry out its delegated functions through sub-committees and individuals, including SRA staff (save for certain powers which are reserved to the Board) (regulation 16). Delegations are a key element in effective governance and management: Whilst the Board remains accountable for the functions conferred on it under the General Regulations, it is able to transfer responsibility for performing certain aspects of its role.
The Board has established four committees: Finance and Audit Committee (FAC), People Strategy Committee (PC), Policy Committee (PoC) and Equality, Diversity and Inclusion Committee (EDIC). These are comprised of Board members and, in the latter two cases, external advisory members. Their Terms of Reference can be found [here]. Matters delegated to the Executive are carried out by individuals within the organisation in accordance with our published Schedule of Delegation.
- Be robust and transparent, with clear lines of accountability and effective oversight.
- Be consistent and proportionate – with decisions being made at the most effective operational level and reflecting the strategic role of the Board.
- Promote efficiency - avoiding duplication and overlap of roles, and ensuring realistic sequencing/timelines to enable work to progress in a timely manner.
- Reflect only the following key activities:
- Prepare - To draft or design a document, procedure or proposal
- Approve - To consent or ratify – includes making final amendments/decision on a document, proposal or course of action
- Review - To consider a draft document or proposal and input into its development
- Monitor - To maintain oversight and control
- Perform - To exercise a function or complete a task
- Report - To present an account of progress or performance
|Category||Legislative references||Delegation||TLS Group governance|
|Strategy and risk|
|SRA Corporate Strategy||Reg 33(a) General Regulations (GRs); Part 3A of the Schedule to the Internal Governance Rules 2009 (IGRs)|
|Business plan||Reg 33(a) and 41(5)(a)||Plan, and performance against plan, reviewed by BOB|
|Strategic risk register||Reg 33(f) and 41(5)(b)||Reviewed by BOB|
|LSB Self assessment||Section 4 Legal Services Act 2007 and reg 33(i)|
|Internal audit plan||Reg 44(1)(d) and (e)|
|External audit||Reg 44(1)|
|EDI strategy||Reg 33(e)|
|Communication strategy||Reg 33(a)|
|Annual budget||Reg 33(a) and 41(2)|
|Net funding requirement||Reg 33(a), and 21(4)/41(2)|
|Setting regulatory fees||Reg 31(20) (reserved to Board under reg 16(2)), and 21(4)/36(1) (b)|
|Compensation fund contributions||Reg 21(4) and 37||Total amount to be raised by contributions approved by Council, on recommendation of Management Board|
|Compensation Fund financial statements||Reg 31(16)|
|Determining the number of committees, their membership and terms of reference||Reg 16(2)(a)|
|Performance management, appointment, reappointment, terms and conditions of Board members||Reg 41(4)(e) and (f) and 52(6). Part 2 of the Schedule to the IGRs|
|Performance management, appointment, reappointment, terms and conditions of external advisory members||Reg 16(2)(a)|
|Performance framework and remuneration for CEO and SMT||31(21) (Reserved to Board – reg 16(2)), 52(2) - (5) and (7)||RemCo to review and recommend to Board prior to approval|
|Delegating authority||Reg 16(2)|
|Regulatory reform programme||Reg 31(20)|
|Research programme||Reg 31(20)|
|Risk Outlook||Reg 31(20)|
|Making, amending and revoking rules, regulations and codes||Reg 31(18) and 32 (Reserved to Board - reg 16(2))||Council consulted in advance of Board decision and notified of agreed text prior to any approvals being sought|
|Applications to LSB/FCA for approval of changes to regulatory arrangements||Reg 31(3)(b)|
|Exercising regulatory powers and operational performance||Reg 31(1) to (9), (10) to (17), (19), (20) and (27)|
|Key performance indicators||Reg Part 3A of the Schedule to the IGRs|
|Guidance governing regulatory approach||Reg 31(10)|
|Internal controls/operational and compliance policies||Part 3B of the Schedule to the IGRs|
|Procurement||Part 3A and 3B of the Schedule to the IGRs|
|Litigation||Reg 31(15) and (23)|