The SRA Handbook is no longer in effect. It was replaced by the SRA Standards and Regulations on 25 November 2019.
SRA Handbook
Reconsideration
Back to version 21Version 1 of the Handbook was published on 16/09/2011. For more information, please click 'History' Above
Rule 13: Reconsideration
- 13.1
-
The SRA may reconsider or rescind any decision made under these rules with the agreement of the person in respect of whom the decision was made.
- 13.2
-
In its absolute discretion the SRA may also reconsider any decision including an SRA finding, a disciplinary decision or authorisation of an application to the Tribunal when it appears that the person or panel who made the decision:
- (a)
-
was not provided with material evidence that was available to the SRA;
- (b)
-
was materially misled by any person;
- (c)
-
failed to take proper account of material facts or evidence;
- (d)
-
took into account immaterial facts or evidence;
- (e)
-
made a material error of law;
- (f)
-
made a decision which was otherwise irrational or procedurally unfair;
- (g)
-
made a decision which was ultra vires; or
- (h)
-
failed to give sufficient reasons.
- 13.3
-
The SRA, when considering the exercise of its powers under this rule, may also give directions for:
- (a)
-
further investigations to be undertaken;
- (b)
-
further information or explanation to be obtained from any person;
- (c)
-
consideration of whether to authorise an application to the Tribunal;
- (d)
-
the reconsideration of the decision to be undertaken by the original decision maker or adjudication panel or by a different decision maker or a differently constituted adjudication panel.
- 13.4
-
Nothing in these rules requires the SRA to commence or continue with any proceedings or prospective proceedings in the Tribunal or any other court or tribunal. A duly authorised person may rescind a decision to take proceedings in the Tribunal.