SRA Handbook

Interpretation and applications

Version 21 of the Handbook was published on 06/12/2018. For more information, please click 'History' Above

Part 1: Interpretation and applications

Rule 1: Interpretation

1.1

The SRA Handbook Glossary 2012 shall apply and, unless the context otherwise requires:

(a)

all italicised terms shall be defined; and

(b)

all terms shall be interpreted,

in accordance with the Glossary.

Guidance notes

(i)

The Glossary definition of "owner" relates to anyone holding a material interest, together with any person who is a partner in a partnership (including salaried partners) regardless of the extent of their interest.

(ii)

When assessing whether a person is an owner with a "material interest", the calculation of the person's interest takes into account not only that person's interest, but also the interests of any associates. "Associates" is defined for these purposes in accordance with paragraph 5 to Schedule 13 of the LSA and includes relationships where the Act assumes a likelihood of influence such as employer over employee.

Rule 2: Form, timing and fees for applications made under these rules

2.1

All applications under these rules must comprise:

(a)

the prescribed form, correctly completed;

(b)

the fee or fees for the application, as determined from time to time by the SRA Board;

(c)

such additional information, documents and references considered by the SRA to be necessary to enable it to discharge its functions under these rules, as may be specified by the SRA; and

(d)

any additional information and documentation which the SRA may reasonably require.

2.2

It is not necessary to submit all documents, information and payments simultaneously, but an application will only have been made once the SRA has received all of the documentation, information and payments comprising that application.

Guidance notes

(i)

Application forms and guidance notes can be found on the SRA website.

(ii)

All parts of the application form must be fully completed. Where forms are only partially complete or where supporting information or documents are still to be provided, the application will not be deemed to have been made and the decision period in Rule 5.2 will not start to run.

Rule 3: Application information and notification of any change following application

3.1

The applicant must:

(a)

ensure that all information given in an application under these rules is correct and complete;

(b)

notify the SRA as soon as it becomes aware that any information provided in its application under these rules has changed.

Guidance notes

(i)

During the application process an applicant must notify the SRA of any changes to details or information provided as part of the application including notifying new information that the applicant would have been required to supply if it had been known at the time of the application. It is an offence under the LSA (see Schedule 13 paragraphs 10-12) not to inform the SRA if there is any change to:

(a)

the list of non-authorised persons who hold or are expected to hold a material interest in the applicant, and

(b)

the extent or nature of those interests held or to be held.

(ii)

Authorised bodies are subject to similar notification requirements under Rule 8.7.