SRA Handbook

Appeals to the Tribunal and the appellate body

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Rule 12: Appeals to the Tribunal and the appellate body

12.1

Subject to any rules made by the appellate body or Legal Services Board, where the SRA has:

(a)

directed a licensed body, or the manager or employee of a licensed body, to pay a penalty;

(b)

decided to disqualify a person from acting as a HOLP or HOFA or from being a manager or employee of a licensed body;

(c)

decided not to bring a disqualification to an end following a review held under rule 9.4; or

(d)

decided to publish details of a written rebuke given to a licensed body, or the manager or employee of a licensed body;

the person subject to the direction or decision may appeal to the appellate body within the period of 28 days from the date on which the notice of the direction or decision is given to the appellant, or, if there has been a decision following an internal appeal, within the period of 28 days from the date on which the notice of that decision is given to the appellant.

12.2

Subject to any rules made by the Tribunal pursuant to section 46(9)(b) of the SA, an appeal to the Tribunal must be made within the period of 28 days from the date on which the notice of the direction or decision appealed against is given to the appellant or, if there has been a direction or decision following an internal appeal, the period of 28 days from the date on which the notice of that decision is given to the appellant.

12.3

If an appeal is made to the appellate body in relation to a direction or decision to disqualify a person from acting as a HOLP or HOFA or being a manager or employee of a licensed body, the appellant may apply to the appellate body for a stay of such decision pending the determination or discontinuance of the appeal.

12.4

If the appellate body imposes an order for a stay in relation to a decision in accordance with rule 12.3, the SRA shall stay the decision accordingly.