SRA Handbook

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Version 3 of the Handbook was published on 20/04/2012. For more information, please click 'History' Above

Part 5: Interpretation and transitional provisions

Regulation 18: Interpretation

18.1

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

(a)

all All italicised terms shall be defined; and

(b)

all terms shall in these regulations are to be interpreted,

in accordance with the Glossary.chapter 14 (Interpretation) of the SRA Code of Conduct, unless they are defined as follows:

appellate body

means the body with the power, by virtue of an order under section 80(1) of the LSA, to hear and determine appeals against decisions made by the SRA acting as a licensing authority;

date of notification

the date of any notification or notice given is deemed to be:

the date on which the communication is delivered to or left at the recipient's address or is sent electronically to the recipient's e-mail or fax address;

if the recipient is practising, seven days after the communication has been sent by post or document exchange to the recipient's last notified practising address; or

if the recipient is not practising, seven days after the communication has been sent by post or document exchange to the recipient's last notified contact address;

disqualified

refers to a person who has been disqualified under section 99 of the LSA by the SRA or by any other approved regulator;

foreign lawyer

means an individual who is not a solicitor or barrister of England and Wales, but who is a member and is entitled to practise as such, of a legal profession regulated within a jurisdiction outside England and Wales;

HOFA

means a Head of Finance and Administration within the meaning of paragraph 13(2) of Schedule 11 to the LSA;

HOLP

means a Head of Legal Practice within the meaning of paragraph 11(2) of Schedule 11 to the LSA;

licensing authority

means an approved regulator which is designated as a licensing authority under Part 1 of Schedule 10 to the LSA, and whose licensing rules have been approved for the purposes of the LSA;

prescribed

means prescribed by the SRA from time to time;

principal

means a sole practitioner or a partner in a partnership;

register of European lawyers

means the register of European lawyers maintained by the SRA under regulation 15 of the European Communities (Lawyer's Practice) Regulations 2000 (SI 2000/1119);

register of foreign lawyers

means the register of foreign lawyers maintained by the SRA under the Courts and Legal Services Act 1990;

revocation

in relation to a practising certificate or registration includes withdrawal of a practising certificate or registration for the purposes of the SA and cancellation of registration for the purposes of Schedule 14 to the Courts and Legal Services Act 1990;

SRA Code of Conduct

means the SRA Code of Conduct 2011;

SRA Practice Framework Rules

means the SRA Practice Framework Rules 2011; and

the Tribunal

means the Solicitors Disciplinary Tribunal which is an independent statutory tribunal constituted under section 46 of the SA but references to the Tribunal do not include the Tribunal when it is performing any function as an appellate body.

Regulation 19: Transitional provisions

19.1

In these regulations references to licensed bodies shall have no effect until such time as the Society is designated as a licensing authority under Part 1 of Schedule 10 to the LSA and all definitions shall be construed accordingly.

19.2

Regulation 10.1(d)(iii) shall have no effect until such time as the Society is designated as a licensing authority under Part 1 of Schedule 10 to the LSA.

19.3

Until such time as the Society is designated as a licensing authority under Part 1 of Schedule 10 to the LSA, references in Regulation 3.1(a) to compliance officers of a licensed body (3.1(a)(iii)) or of an authorised body (3.1(a)(vii) and (viii)) shall have no effect.

19.4

Until such time as the Society is designated as a licensing authority under Part 1 of Schedule 10 to the LSA the reference in Regulation 3.1(a)(viii) to revocation or suspension under the SRA Authorisation Rules shall have no effect.

19.5

From 31 March 2012, a recognised sole practitioner who does not comply with regulation 4.8 above may be treated as being in compliance for the purposes of that regulation and the SRA's regulatory arrangements , until 31 October 2012, at which time the recognised sole practitioner shall be required to comply with regulation 4.8.