SRA Handbook

Modification of terms and conditions of an authorisation

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Rule 10: Modification of terms and conditions of an authorisation

10.1

The SRA may at any time, modify:

(a)

any terms that specify the reserved legal activities that an authorised body is entitled to carry on by virtue of the authorisation:

(i)

on the application of the authorised body; or

(ii)

if the SRA considers it appropriate to do so, without such an application being made; and

having regard to the regulatory objectives;

(b)

any further conditions of an authorisation, imposed under Rule 9:

(i)

on the application of the authorised body; or

(ii)

if the SRA considers it appropriate to do so, without such an application being made; and

having regard to the criteria in Rule 9.

Guidance notes

(i)

The certificate of authorisation of a licensed body will set out the reserved activities that the body is entitled to carry out. A licensed body may apply to change the categories of those activities at any time, or the SRA may do so (see also Rule 10), for example if the body no longer carries out that type of work or if there is an identified risk to the public in the body continuing to provide certain services (see section 86 of the LSA). Firms are also able to apply for a waiver of these rules, including the general conditions in Rule 8 (except Rule 8.1), under Rule 12 (Waivers).

(ii)

Authorised bodies are authorised to carry out non-reserved legal activities as well as the reserved activities for which they are authorised.

(iii)

Multi-disciplinary practices which provide a range of different services, some only of which are regulated by the SRA, will need to ensure that it is clear, both within and outside the firm, through which part of the business (and therefore under which regulatory system) non-legal services are provided. (See Chapter 8 of the SRA Code of Conduct.)