SRA Handbook

Applications for admission

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Version 6 of the Handbook was published on 01/01/2013. For more information, please click 'History' Above

Part 3: Applications for admission

Regulation 4: When you can make an application for admission

4.1

Your  application for admission may be made at any time after you have complied with the SRA Training Regulations, the QLTR or the QLTSR.

Regulation 5: Form and fees

5.1

Your  application for admission must be made to us in such form and be accompanied by such fee and documents as we may from time to time prescribe.

Regulation 6: Our decisions

6.1

If we:

(a)

are satisfied that you have complied with the SRA Training Regulations, the QLTR or the QLTSR; and

(b)

are satisfied as to your character and suitability to be a solicitor;

we shall issue you with a certificate of satisfaction in accordance with section 3(1) of the Solicitors Act 1974.

Guidance note

(i)

We will satisfy ourselves as to your character and suitability in a number of ways. These will include, but are not limited to, CRB disclosures and Police National Computer checks, as well as self-disclosure, in accordance with the SRA Suitability Test.

6.2

In any case where we refuse to issue a certificate of satisfaction under regulation 6.1 we shall notify you to this effect stating the grounds for refusal within one month of you complying with all reasonable requirements we make in respect of the application.

6.3

Once the deadline in regulation 6.2 has passed without us issuing a certificate of satisfaction or notifying you of refusal, the application is deemed, for the purpose of any appeal, to have been refused and refusal notified to you on that date.

6.4

Where we refuse or fail to issue a certificate of satisfaction under regulation 6.1, except where you have established eligibility under regulation 4 of the QLTR, or regulation 2 of the QLTSR pursuant to Directive 2005/36/EC or the Establishment Directive, you may appeal under this regulation to the High Court, which may:

(a)

affirm our decision;

(b)

direct us to issue a certificate of satisfaction to you; or

(c)

make such recommendations to us as the High Court thinks fit.

6.5

If you have established eligibility pursuant to:

(a)

Directive 2005/36/EC, you have the right to appeal to the High Court under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007; or

(b)

the Establishment Directive, you have the right to appeal to the High Court under regulation 35 of the European Communities (Lawyer's Practice) Regulations 2000;

within three months of receiving notification or deemed notification of our refusal, against refusal or deemed refusal of a certificate of satisfaction.

Regulation 7: Admission following issue of certificate of satisfaction

7.1

Where a certificate of satisfaction has been issued under regulation 6.1, you shall be admitted as a solicitor within a reasonable period on a day we determine, unless cause to the contrary in writing is shown to our satisfaction.

Regulation 8: Cause for preventing admission following issue of a certificate of satisfaction, and review of such a decision

8.1

If, after we issue a certificate of satisfaction but before your admission, cause is shown in writing to our satisfaction that you should not be admitted, we shall not admit you as a solicitor and we shall notify you of our decision in writing.

8.2

You may within one month of receiving notification of our decision, ask for the matter to be reviewed.

8.3

In such a case, except where you have established eligibility under regulation 4 of the QLTR or regulation 2 of the QLTSR, pursuant to Directive 2005/36/EC or the Establishment Directive, you may appeal under this regulation to the High Court, which may:

(a)

affirm our decision;

(b)

direct us to admit you as a solicitor; or

(c)

make such recommendations to us as the High Court thinks fit.

8.4

If you have been certified eligible pursuant to Directive 2005/36/EC you have the right, within three months of receiving notification of our decision, to appeal to the High Court under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007 against:

(a)

our decision under regulation 8.1 above not to admit you as a solicitor; or

(b)

our refusal to reverse that decision on a review under regulation 8.2 above.

8.5

If you have been certified eligible pursuant to the Establishment Directive, you have the right, within three months of receiving notification of our decision, to appeal to the High Court under regulation 35 of the European Communities (Lawyer's Practice) Regulations 2000 against:

(a)

our decision under regulation 8.1 above not to admit you as a solicitor; or

(b)

our refusal to reverse that decision on a review under regulation 8.2 above.

8.6

An appeal under regulation 8.3 above must be brought within three months of the applicant receiving notification of our decision on the review.

8.7

You may make up to three applications to us to reverse our decision not to admit you as a solicitor, after intervals of not less than twelve months from the final determination as to the initial decision, or from the final determination of your previous application for review, as the case may be.

8.8

Within three months of receiving notification from us of our decision on an application to reverse the decision not to admit you as a solicitor, you may appeal under this regulation to the High Court, which may:

(a)

affirm our decision;

(b)

direct us to admit you as a solicitor; or

(c)

make such recommendations to us as the High Court thinks fit.

Regulation 9: Admission certificates

9.1

We shall prepare an admission certificate in respect of each person admitted. Every certificate shall be signed by the Chief Executive of the SRA or attested in such manner as the Chief Executive shall authorise.