SRA Handbook

Internal appeals

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Version 7 of the Handbook was published on 01/04/2013. For more information, please click 'History' Above

Rule 11: Internal appeals

11.1

A person who is subject to an SRA finding or a disciplinary decision or a decision to determine an application made to the SRA under rule 9.2 may appeal under this rule against all or any part of such an SRA finding, or disciplinary decision (or both) or against all or any part of a decision to determine such an application.

11.2

There is no appeal under this rule against:

(a)

any decision other than those specified in rule 11.1;

(b)

a decision on an appeal; or

(c)

any decision which has been made by agreement with the SRA.

11.3

An appeal under this rule must be made within 14 calendar days of the date of the letter or electronic communication informing the person of the decision appealed against or within a longer time period specified by the SRA.

11.4

An appeal shall:

(a)

be in writing; and

(b)

provide reasoned arguments in support.

11.5

Appeals will be determined as follows:

(a)

where the decision was made by a person authorised by the SRA, the appeal will be decided by a single adjudicator;

(b)

where the decision was made by a single adjudicator, the appeal will be decided by an adjudication panel;

(c)

where the decision was made by an adjudication panel, the appeal will be decided by a differently constituted panel.

11.6

Appeals will be limited to a review of the decision which is being appealed, taking into account the reasoned arguments provided by the person bringing the appeal. Failure to provide reasoned arguments either at all or in sufficient or clear terms may result in summary dismissal of the appeal.

11.7

All powers available to the SRA on adjudication are exercisable on appeal and for the avoidance of doubt this means that, in relation to an appeal brought under rule 11.1, an appeal decision may include findings or sanctions more severe than those made or applied in the decision being appealed.

11.8

Nothing in these rules shall affect a person's right of appeal to the Tribunal under section 44E of the SA or paragraph 14C of Schedule 2 to the AJA or to the appellate body under section 96 of the LSA or rule 12 below.