SRA Handbook

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Version 3 of the Handbook was published on 20/04/2012. For more information, please click 'History' Above

Part 1: Interpretation

Regulation 1: Interpretation and definitions

1.1

The SRA Handbook Glossary 2012 shall apply and, unlessUnless the context otherwise requires:, the definitions and interpretation provisions as set out within the SRA Glossary shall apply to these regulations.

In these regulations:

academic stage of training

means that stage of the training of an entrant to the solicitors' profession which is completed by satisfying regulation 3 of the SRA Training Regulations Part 1 - Qualification Regulations;

application for admission

means application to us for a certificate of satisfaction under section 3(1) of the Solicitors Act 1974 and for admission as a solicitor under section 3(2) of the Solicitors Act 1974;

assets

includes money, documents, wills, deeds, investments and other property;

certificate of eligibility

means a certificate issued by us confirming eligibility to take assessments under QLTSR, or the QLTT under QLTR, or an authorisation under those regulations to apply for admission as a solicitor without taking any test or assessment;

certificate of enrolment

should be construed as evidence of student enrolment within the SRA Training Regulations Part 1 - Qualification Regulations;

certificate of satisfaction

means a certificate or certifying letter from us confirming that you have satisfied the SRA Training Regulations and are of the proper character and suitability to be admitted as a solicitor;

character and suitability

satisfies the requirement of section 3 of the Solicitors Act 1974 in order that an individual shall be admitted as a solicitor;

client

means the person for whom you act and where the context permits, includes prospective and former clients;

client money

has the meaning given in Rule 12 of the SRA Accounts Rules, save that for the purposes of Part 7 (Overseas practice) of the SRA Accounts Rules, means money received or held for or on behalf of a client or trust (but excluding money which is held or received by a multi-disciplinary practice-a licensed body providing a range of different services-in relation to those activities for which it is not regulated by the SRA);

Establishment Directive

means the Establishment of Lawyers Directive 98/5/EC;

Principles

means the Principles in the SRA Handbook;

QLTR

means the Qualified Lawyers Transfer Regulations 1990 and 2009;

QLTSR 

means the SRA Qualified Lawyers Transfer Scheme Regulations 2010 and 2011;

QLTT

means the Qualified Lawyers Transfer Test, namely the test which some lawyers are required to pass under the QLTR;

satisfactory completion

of a course or courses means:

(i)

passing all italicisedthe examinations and assessments required; and/or

where appropriate having part or parts awarded through condonation, deemed pass, or exemption;

in order to graduate from or pass an assessable course of study, and being awarded a certificate from the course provider confirming this. "Satisfactorily completed" should be construed accordingly;

solicitor

means a person who has been admitted as a solicitor of the Senior Courts of England and Wales and whose name is on the roll kept by the Society under section 6 of the SA, save that in the SRA Indemnity Insurance Rules includes a person who practises as a solicitor whether or not he or she has in force a practising certificate and also includes practice under home title of a former REL who has become a solicitor;

SRA 

means the Solicitors Regulation Authority, and reference to the SRA as an approved regulator or licensing authority means the SRA carrying out regulatory functions assigned to the Society as an approved regulator or licensing authority;

SRA Training Regulations

means the SRA Training Regulations 2011;

student enrolment

means the process where we satisfy ourselves that a student who intends to proceed to the vocational stage of training has satisfactorily completed the academic stage of training and is of the appropriate character and suitability;

"enrolment" should be construed accordingly, and "certificate of enrolment" should be construed as evidence of student enrolment;

trainee solicitor

means any person receiving workplace training with the express purpose of qualification as a solicitor, at an authorised training establishment, under a training contract, and "trainee" should be construed accordingly;

training contract

(a)

means a written contract, complying with the SRA Training Regulations, between one or more training establishments and a trainee solicitor, setting out the terms shall be defined; andand conditions of the workplace training that the trainee solicitor will receive;

(b)

all terms shall be interpreted;

in accordance with the Glossary .

unadmitted person

means a person who:

holds a current certificate of enrolment;

is serving under a training contract; or

has completed any part or all of the vocational stage of training, in accordance with regulations 16 to 32 of the SRA Training Regulations Part 1 - Qualification Regulations, but does not hold a current certificate of enrolment;

us

means the SRA, and "we", "our" and "ourselves" should be construed accordingly;

vocational stage of training

means that stage of the training of an entrant to the solicitors' profession which is completed by:

satisfactory completion of an LPC;

or

satisfactory completion of an Exempting Law Degree or Integrated Course;

and

subject to regulations 30, 31 and 32 of the SRA Training Regulations Part 1 - Qualification Regulations, serving under a training contract; and

satisfactory completion of a PSC and such other course or courses as we may from time to time prescribe;

you

means any person intending to be a solicitor and "your" should be construed accordingly.

1.2

On any appeal to the High Court under these regulations:

(a)

section 28(3E) of the SASolicitors Act 1974 provides that the High Court may make such order as it thinks fit as to payment of costs, and

(b)

section 28(3F) of the SASolicitors Act 1974 provides that the decision of the High Court shall be final.