SRA Handbook

Modular training contracts

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Regulation 12: Modular training contracts

12.1

If you are a training establishment, you may only offer a modular training contract if you have:

(a)

made an arrangement for provision of the training contract with other firms as a training contract consortium;

(b)

agreed with the other firms in the training contract consortium a training contract consortium agreement to include the following:

(i)

details of how all the duties towards trainees set out in these regulations, in particular regulation 6, will be discharged by the training contract consortium;

(ii)

the names of all firms who are members of the training contract consortium;

(iii)

specification of the parent training establishment for the training contract consortium;

(iv)

arrangements between the members of the training contract consortium for co-ordinating the trainee's training;

(v)

financial arrangements between the members of the training contract consortium, including contributions to the training costs, payment of salary, authorisation, registration and PSC fees and expenses;

(vi)

adequate safeguards for the discharge of all duties towards the trainees in the event of any of the members of the training contract consortium being unable to discharge their duties under the training contract consortium agreement;

(vii)

any mechanisms for dealing with queries and for resolving problems and disputes; and

(viii)

adequate safeguards to protect client confidentiality and the confidentiality of the participating organisations' business arrangements.

12.2

If you are a parent training establishment for a training contract consortium you must:

(a)

be authorised to take trainees in compliance with regulation 2; and

(b)

have a training principal, or appoint a training principal in compliance with regulation 8; and

(c)

ensure that the training contracts comply with the requirements in regulation 10.

12.3

If you are a training principal appointed under regulation 12.2(b), you must comply with:

(a)

regulation 15; and

(b)

any other obligations on training principals set out in these regulations.

12.4

Before taking trainees, a training contract consortium must be approved by us. If you are the parent training establishment, you must provide us with:

(a)

the names, full addresses and contact numbers of the training contract consortium;

(b)

details of the parent training establishment;

(c)

the name of the training principal;

(d)

either:

(i)

if the parent training establishment is authorised to take trainees, the date of the authorisation; or

(ii)

if the parent training establishment is not yet authorised, an application for authorisation to take trainees;

(e)

details of whether the other training contract consortium members are authorised to take trainees, including, if any are, the date(s) of authorisation and the name(s) of the training principal(s);

(f)

a copy of the training contract consortium agreement;

(g)

the names, job titles, length of legal experience and areas of law practised by the supervisors at each member of the training contract consortium;

(h)

the training contract consortium's recruitment and selection procedures;

(i)

the areas of law in which the trainees are to be provided with experience;

(j)

a timetable and training plan, to include:

(i)

proposed start date of the training contract;

(ii)

dates on which trainees will move between members of the training contract consortium;

(iii)

arrangements for trainees regarding attending the PSC, annual leave and appraisals;

(k)

trainees' induction programme;

(l)

pastoral care arrangements;

(m)

the systems for informal performance review and formal appraisals;

(n)

any provisions to ensure confidentiality of client information;

(o)

any systems for liaison between members of the training contract consortium;

(p)

any mechanisms for resolving problems and disputes; and

(q)

a copy of the training contract(s).

Guidance note:

(i)

The aim of a modular training contract is for two or more organisations to provide training as a consortium. It has been designed for firms and other organisations that want to take trainees but are unable, on their own, to meet all the requirements of these regulations.

(ii)

A modular training contract, while it may be structured in a different way, should be as close to the standard training contract in terms of form and content as possible. It will need to offer as rich an experience as a standard training contract, and the same quality of training and supervision. Amendments should relate only to the modular nature of the training contract and the final form is subject to approval by us.

(iii)

We suggest that, in the first instance, the training contract consortium run a pilot scheme. The pilot scheme would be evaluated and monitored by the consortium and by us-so that any problems could be resolved and good practice could be used for the future.

(iv)

Confidentiality matters should be covered at induction and in professional conduct training. The training contract consortium members should also consider an appropriate confidentiality clause in the modular training contract.