SRA Standards and Regulations

Definitions and interpretation

The SRA Glossary shall apply and unless the context otherwise requires: all italicised terms shall be defined in accordance with the Glossary; terms shall be interpreted in accordance with the Glossary; a reference to a Rule is to a Rule forming part of these Rules, except in relation to Schedule 1 where a reference to a rule is to a rule in the Solicitors' Indemnity Rules 1999; the Schedule...

Application of the Rules

These Rules shall apply to a practice carried on by: a sole solicitor; an REL practising as a sole practitioner; a recognised body; a partnership consisting of one or more solicitors and/or RELs and/or recognised bodies and/or licensed bodies; a partnership consisting of one or more solicitors and/or RELs, together with one or more RFLs; a licensed body in respect of its regulated activities.

Duration of authorisation

A body's authorisation takes effect from the date the certificate of authorisation is issued to it by the SRA. A body's authorisation shall cease to have effect: subject to Part 5, if the body ceases to exist; or if the body is a licensed body and is issued with a licence by another approved regulator. The SRA may revoke or suspend a body's authorisation, if: it is satisfied that the...

Approval of role holders

Subject to rules 13.2 to 13.4, the SRA may approve a person's designation as a COLP or COFA or to be a manager or owner of an authorised body if it is satisfied that the individual is fit and proper to undertake the role, in accordance with the SRA Assessment of Character and Suitability Rules. The SRA will deem a person to be fit and proper to be a manager or owner of an authorised body if...

Annex 1: Transitional arrangements under paragraph 7(3) of Schedule 5 to the LSA

A licensable body will be eligible to be a recognised body if as at 6 October 2011, it has been recognised by the SRA under section 9 of the AJA but has an interest holder or manager that is not a lawyer or a legally qualified body. It shall continue to be treated as a recognised body for the purposes of these rules and the SRA's regulatory arrangements until: such time as it ceases to comply...

Reporting, cooperation and accountability

You must cooperate with the SRA, other regulators, ombudsmen and those bodies in England and Wales, with a role overseeing and supervising the delivery of, or investigating in relation to, legal services. You must monitor compliance with these rules, and report any serious breach to the SRA when this occurs, or as soon as reasonably practicable thereafter. You must notify the SRA promptly if:...

Application

The Overseas Rules apply to you: as a regulated individual who is practising overseas, in place of the SRA Principles and the SRA Code of Conduct for Individuals; or as a responsible authorised body in that you must ensure that your overseas practice and the individual managers, members and owners that are involved in the day to day or strategic management of your overseas practice, comply...

Residual discretion and fund of last resort

The Fund is a discretionary fund of last resort and no person has a right to a grant enforceable at law. The SRA retains a discretion to refuse to consider an application or to make a grant notwithstanding that the conditions in these rules for making a grant are satisfied. The circumstances in which the residual discretion in rule 2.1 may be exercised include, but are not limited to,...

Defaulting practitioners

A defaulting practitioner means: a solicitor, an REL or an RSL who at the date of the relevant act or omission was: practising in an authorised body; or practising in a non-commercial body; a solicitor or an REL who at the date of the relevant act or omission: was self-employed and practising in their own name, and not through a trading name or service company; did not employ anyone in...

Grants in respect of statutory trusts

The SRA may make a grant to alleviate a deficiency in a statutory trust held by the SRA. The SRA may make a grant to a person where the money would have been due to that person but for their claim having been extinguished under rule 9.2 of the SRA Intervention Powers (Statutory Trust) Rules 2011 or rule 8.2 of the SRA Statutory Trust Rules.