SRA Handbook

Interpretation and eligibility

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Version 2 of the Handbook was published on 23/12/2011. For more information, please click 'History' Above

Part 1: Interpretation and eligibility

Regulation 1: Interpretation and definitions

1.1

Unless the context otherwise requires, the definitions and interpretation provisions as set out within the SRA Glossary shall apply to these regulations:

1.2

all European jurisdictions to which Directive 2005/36/EC and the Establishment Directive apply are recognised jurisdictions;

assets

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

assessment organisation

in the QLTSR means the organisation awarded the initial three year contract to provide the QLTS assessments, together with any other organisations subsequently authorised to provide the QLTS assessments after the initial three year period has expired;

barrister

means a person called to the bar by one of the Inns of Court and who has completed pupillage and is authorised by the General Council of the Bar to practise as a barrister;

character and suitability

satisfies the requirement of section 3 of the SA 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);

entitled to practise

means having the right to practise without restrictions or conditions as a qualified lawyer of the recognised jurisdiction;

Establishment Directive

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

full route to qualification

means that the applicant has not completed a shortened or fast-track route to qualification, which would be evidenced if non-domestic lawyers are not assessed on all the same outcomes/subjects/practices in the law of that jurisdiction as domestic candidates, prior to qualification;

International lawyers

means lawyers who are not basing their application on a professional qualification as a qualified lawyer gained within the UK or within the EEA or Switzerland;

Principles

means the Principles in the SRA Handbook;

QLTR

means the Qualified Lawyers Transfer Regulations 1990 and 2009;

QLTR certificate of eligibility

means a certificate issued under the QLTSR;

QLTS assessments

means the suite of assessments approved by us and provided by the assessment organisation;

QLTS certificate of eligibility

means a certificate of eligibility to take the QLTS assessments under the QLTSR, or an authorisation under the QLTSR to apply for admission as a solicitor without taking any of the QLTS assessments;

QLTT

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

qualified lawyer

means either:

(i)

a lawyer whose qualification we have determined:

(A)

gives the lawyer rights of audience;

(B)

makes the lawyer an officer of the court in the recognised jurisdiction; and

(C)

has been awarded as a result of a generalist (non-specialist) legal education and training;

or

(ii)

any other lawyer to whom we determine Directive 2005/36 applies.

recognised jurisdiction

means a jurisdiction where we have determined that:

(i)

to become a qualified lawyer applicants have completed specific education and training at a level that is at least equivalent to that of an English/Welsh H- Level (e.g. Bachelor's) degree;

(ii)

members of the qualified lawyer's profession are bound by an ethical code that requires them to act without conflicts of interest and to respect their client's interests and confidentiality;

(iii)

members of the qualified lawyer's profession are subject to disciplinary sanctions for breach of their ethical code, including the removal of the right to practise;

all European jurisdictions to which Directive 2005/36/EC and the Establishment Directive apply are recognised jurisdictions for the purposes of these regulations;

SA

means the Solicitors Act 1974;

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 Admission Regulations

means the SRA Admission Regulations 2011;

UK

means United Kingdom;

UK qualified lawyer

in the QLTSR means solicitors and barristers qualified in Northern Ireland, solicitors and advocates qualified in Scotland and barristers qualified in England and Wales;

us 

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

you

for the purpose of the QLTSR means a person seeking admission as a solicitor via transfer in accordance with these regulations, and references to "your" will be construed accordingly.

Regulation 2: Eligibility

2.1

Subject to regulations 2.2 and 2.4 below, if you seek to establish eligibility to apply for admission under these regulations, you must provide such evidence as we may require to show that you:

(a)

are a qualified lawyer in a recognised jurisdiction;

(b)

have followed the full route to qualification in the recognised jurisdiction;

(c)

are entitled to practise as a qualified lawyer of the recognised jurisdiction;

(d)

have satisfied any applicable English language requirements published by us; and

(e)

are of the character and suitability to be admitted as a solicitor.

2.2

For the avoidance of doubt, any lawyer applying for admission pursuant to European Communities Directive 2005/36/EC or any legislation implementing that Directive in the UK is deemed to have satisfied 2.1(d) above.

2.3

We shall acknowledge receipt of your application under Directive 2005/36/EC within one month of receipt, and shall inform you if any document is missing.

2.4

Any lawyer applying for admission pursuant to the Establishment Directive or any legislation implementing that Directive in the UK, is deemed to have satisfied 2.1(b) and (d) above.

2.5

If we are satisfied that you are eligible, we must issue a QLTS certificate of eligibility to that effect.

2.6

If you do not hold a QLTS certificate of eligibility, you may not register with the assessment organisation to take any of the QLTS assessments.

2.7

A QLTS certificate of eligibility shall remain valid for a period of five years from the date of its issue. You cannot apply for a second or subsequent QLTS certificate of eligibility before the expiry of any existing certificate of eligibility.