SRA Handbook

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Part 7: Special bodies, transitional provisions and passporting

Rule 26: Special kinds of licensable bodies

26.1

The SRA does not accept applications for any order to be made by it under section 106 of the LSA from any licensable body.

Guidance note

(i)

The LSA provides the special kind of licensable bodies mentioned in section 23 with a grace period during which they are not required to apply for authorisation as a licensed body. However, during the grace period, such bodies may apply for authorisation under these rules but will not be able to request special treatment under section 106 until this section is commenced.

Rule 27: Commencement, transitional provisions and repeals

27.1

[Deleted]

27.2

[Deleted]

These rules shall come into force:

on the designation of the Society as a licensing authority under Part 1 of Schedule 10 to the LSA, in respect of licensable bodies;

on 31 March 2012 ("the relevant date"), in respect of legal services bodies, and the SRA Recognised Bodies Regulations 2011 (in Rule 27.1 referred to as "the Regulations") shall be repealed, save that:

applications for initial recognition made under Regulation 2.1 of the Regulations but not decided on the relevant date shall be considered and decided in accordance with the Regulations;

applications for approval of an individual as suitable to be a manager made under Regulation 5 of the Regulations but not decided on the relevant date shall be considered and decided in accordance with the Regulations;

applications for temporary emergency recognition made under Regulation 7.5 of the Regulations, or requests for extension of temporary emergency recognition made under Regulation 7.8(c) of the Regulations, but not decided on the relevant date shall be considered and decided in accordance with the Regulations;

where a person has invoked the internal appeal procedure under Regulation 9 of the Regulations, but the appeal has not been concluded by the relevant date, then the appeal shall be considered and determined in accordance with the Regulations; and

where directions have been issued in respect of a reconsideration under Regulation 18 of the Regulations, the reconsideration shall proceed in accordance with the Regulations,

and for the avoidance of doubt, on the relevant date:

where a notice of succession has been delivered to the SRA under Regulation 3.1 or 3.3 of the Regulations in respect of which the SRA has made no fee determination, the SRA will proceed to consider the matter in accordance with Rule 8.3(d) to (k) above;

where condition(s) have been imposed on a recognised body's recognition under Regulation 6 of the Regulations, such condition(s) shall continue to apply as if they had been imposed under Rule 9 above.

From 31 March 2012 these rules shall have effect subject to the following amendments:

in Rule 8.3(d), 8.3(i)(i) and 8.3(i)(ii) the words ", recognised bodies" shall be omitted;

in Rule 8.3(f), 8.3(j) and 8.3(k) the words ", recognised bodies" shall be omitted;

in Rule 8.3(g) and 8.3(l), the words ", recognised body" shall be omitted;

in Rule 8.3(h)(i), the words "recognised body or" shall be omitted;

in Rule 24.2(c), the words ", a recognised body" shall be omitted; and

in Rule 24.2(c)(i)(D), the words "Regulation 7 of the SRA Recognised Bodies Regulations 2011 or" shall be omitted.

27.3

[Deleted]

27.4

From 31 March 2012, a legal services body which does not comply with Rule 8.5 above may be treated as an authorised body for the purposes of these rules and the SRA's regulatory arrangements, until 31 December 2012, at which time a legal services body shall be required to comply with Rule 8.5 in order to be authorised under these rules.

27.5

Unless the context otherwise requires, references in these rules to:

(a)

these rules, or a provision of these rules; and

(b)

the SRA Code of Conduct, rules, regulations or regulatory arrangements, or a provision of the same,

include a reference to the equivalent rules, regulations or provisions previously in force.

Rule 28: Transition of recognised bodies

28.1

From 31 March 2012:

(a)

the recognition of a body recognised under section 9 of the AJA, shall have effect as if it were authorisation granted under these rules; and

(b)

all managers and owners of bodies falling within sub-rule (a) shall be deemed to have been approved under Part 4 of these rules, as applicable, including those approved under Rule 27.1(b)(ii) above.