- You will be eligible for admission as a solicitor if the SRA is satisfied:
- you have successfully and satisfactorily passed an assessment which is designed to assess your competence against the prescribed competences for solicitors and is conducted by an assessment organisation appointed by the SRA for the purpose;
- you hold a degree or qualifications or experience which the SRA is satisfied are equivalent to a degree;
- you have completed qualifying work experience which meets the requirements of regulation 2;
- as to your character and suitability to be a solicitor and
- you have evidenced proficiency in English or Welsh.
SRA Authorisation of Individuals Regulations
Introduction
These regulations set out the SRA's requirements relating to the authorisation of individuals as solicitors in terms of admission, and the issuing of practising certificates and the registration of individuals as an REL or RFL. They set out the effect of SRA authorisation on how an individual may practise, the requirements for and how the SRA will decide applications for authorisation, the conditions that apply during authorisation, and how authorisation may be revoked.
If you are unsure whether you are eligible for authorisation, or need to be authorised, please see our guidance.
They also set out the education and training requirements in place for those seeking to be admitted as solicitors, and to exercise higher rights of audience in the higher courts of England and Wales. Education and training underpins the regulation of solicitors and it seeks to ensure the development of competent and ethical practitioners. Note that regulations 3A-3F are transitional arrangements, and only apply to the individuals specified in Regulation 11.
The regulations also govern the qualification process for solicitors and barristers or other UK qualified lawyers seeking admission as a solicitor of England and Wales from another jurisdiction.
This introduction does not form part of the SRA Authorisation of Individuals Regulations.
Part 1: Admission as a solicitor
- Qualifying work experience must:
- comprise experience of providing legal services which provides you the opportunity to develop the prescribed competences for solicitors;
- be of a duration of a total of at least two years' full time or equivalent; and
- be carried out under an arrangement or employment with no more than four separate firms, educational institutions or other organisations.
- In respect of each organisation under regulation 2.1(c) above, you must arrange for confirmation in the prescribed form of the matters set out in regulation 2.3 to be given by a person specified in (a) to (c) below who has taken sufficient steps to satisfy themselves as to those matters:
- the organisation's COLP;
- a solicitor working within the organisation; or
- if neither (a) or (b) are applicable, a solicitor working outside of the organisation who has direct experience of your work and who has, in order to be so satisfied:
- undertaken a review of the work you have done during the relevant period of work experience, which may include review of a training diary or portfolio of work; and
- received feedback from the person or persons supervising your work.
- The matters in respect of which confirmation by a person specified in regulation 2.2 must be given are:
- details of the period of work experience carried out;
- that it provided you with the opportunity to develop some or all of the prescribed competences for solicitors; and
- that no issues arose during the period of work experience that raise a question as to your character and suitability to be admitted as a solicitor, or if such confirmation cannot be given, then details of any such issues.
- You will be eligible for admission as a solicitor if the SRA is satisfied:
- Subject to regulation 3.3, if you hold a qualification recognised under regulation 3.1(a) and the SRA is satisfied that your qualifications and/or experience demonstrate that you meet some or all of the prescribed competences, the SRA may decide you are exempt from the requirement to pass the assessment under regulation 1.1(a) or such parts of it as it considers appropriate.
- The SRA will not exempt you from the requirement to pass the assessment under regulation 1.1(a) if you have previously taken and failed the part or parts of that assessment from which you seek exemption.
- You will be eligible for admission as a solicitor if the SRA is satisfied:
- you have successfully and satisfactorily completed:
- an apprenticeship leading to qualification as a solicitor; or
- the academic stage of training and the vocational stage of training; and
- as to your character and suitability to be a solicitor.
- you have successfully and satisfactorily completed:
- The SRA may decide that it is satisfied that you have completed all or any part of the academic stage of training or the vocational stage of training by equivalent means.
- To complete an apprenticeship for the purposes of regulation 3A.1(a)(i), you must meet the requirements set out in the assessment plan for the Apprenticeship Standard for a Solicitor (England) approved by the Department for Business, Innovation and Skills, or set out in the Apprenticeship Framework specified in the Level 7 Higher Apprenticeship in Legal Practice (Wales). This must include successfully passing an assessment, which the SRA either conducts or approves as suitable for the purpose of admission as a solicitor.
- If at any time the SRA is not satisfied that you have successfully and satisfactorily completed an apprenticeship it may:
- refuse to recognise all or any part of that apprenticeship; or
- require you to take certain steps or undertake further training, subject to such conditions as it considers appropriate.
- Your eligibility to commence the academic stage of training will be determined according to the requirements, which may be approved by the SRA, of the relevant approved education provider.
- You may be entitled to credit for prior certified or experiential learning, which may entitle you to exemption from assessment in some subjects required by the Joint Statement. You must make any application for credit for prior learning to the approved education provider.
- Your eligibility to commence the Legal Practice Course will be determined according to the requirements, approved by the SRA, of the relevant authorised education provider.
- Subject to regulation 3A.2, to complete the vocational stage of training you must complete:
- the Legal Practice Course;
- a period of recognised training; and
- the Professional Skills Course.
- In order to satisfactorily complete your period of recognised training, you must maintain a record of training which:
- contains details of the work you have performed;
- records how you have applied and developed the skills, as set out in the Practice Skills Standards;
- records your reflections on, and your training principal's appraisal of, your performance and development against, and your attainment of the skills set out in the Practice Skills Standards; and
- verified by the individual supervising you.
- If at any time the SRA is not satisfied that you have received, or are receiving, training that meets regulation 3E.1 above and regulation 4.1 of the SRA Education, Training and Assessment Provider Regulations, the SRA may:
- refuse to recognise all or any part of that training; or
- require you to take certain steps or undertake further training, subject to such conditions as it considers appropriate.
- If you are an REL or you were an REL immediately before the end of IP completion day, you will be eligible for admission as a solicitor under Part V of the European Communities (Lawyer's Practice) Regulations 2000 to the extent that they continue to have effect in accordance with the Services of Lawyers and Lawyer's Practice (Revocation etc.) (EU Exit) Regulations 2020, if:
- you satisfy the requirements of those regulations; and
- the SRA is satisfied as to your character and suitability to be a solicitor.
Admission, retention, removal, and restoration to the roll
- You may apply for admission in writing in the prescribed form. Following an application for admission, the SRA will issue you with a certificate of satisfaction if it is satisfied that you have met the eligibility requirements for admission as a solicitor set out in this Part.
- At any time before making an application for admission, you may apply to the SRA for an early assessment of your character and suitability to be a solicitor. The SRA is not bound, in any subsequent application for admission, by any decision it makes as to your character and suitability to be a solicitor as a result of an early assessment.
- As soon as reasonably practicable after the SRA has issued a certificate of satisfaction, you will be admitted as a solicitor and your name entered on the roll, unless the SRA receives information in writing that it is satisfied demonstrates that you should not be admitted. If so, the SRA will give you written notice, providing you with the information it has received, and the opportunity to provide written representations within the period of 28 days from the date of the notice, following which it may decide not to admit you as a solicitor.
- If you are a solicitor and you do not hold a practising certificate the SRA will write to you once a year at the last notified version of your postal or email address to ask you whether you wish your name to remain on the roll.
- If, following an enquiry under regulation 5.4, you wish your name to remain on the roll, you shall be required to pay a fee of £20.
- The SRA may remove your name from the roll if:
- Where regulation 5.6(a)(ii) applies, the SRA must not remove your name from the roll until it has given notice to you that it intends to do so.
- The SRA shall remove your name from the roll on your death.
- If your name has been removed from the roll, you may apply to the SRA for your name to be restored to the roll and the SRA may, if it considers it appropriate to do so in reaching a decision on an application made under this regulation, assess your character and suitability to be a solicitor.
- The SRA may decide not to remove your name from, or restore your name to, the roll under this regulation if you are subject to any proceedings, investigation, or consideration of your conduct or practice by the SRA. The SRA must not remove your name from, or restore your name to, the roll if you are the subject of disciplinary proceedings (either in progress or pending) before the senior courts or the Tribunal.
Part 2: Practising certificates for solicitors and registration as a European or foreign lawyer
- The SRA shall only grant an application for a practising certificate, or registration in the register of European lawyers or the register of foreign lawyers if you meet the eligibility requirements in this regulation.
- You will be eligible to apply for a practising certificate if:
- your name is on the roll; and
- you are not suspended from practice as a solicitor.
- Subject to regulation 6.3A you will be eligible for registration in the register of European lawyers if:
- you are a European lawyer as defined in the European Communities (Lawyer's Practice) Regulations 2000, and you are a Swiss lawyer as defined in paragraph 2 of regulation 6 of The Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020;
- you intend to commence practice under your Swiss professional title as defined in the European Communities (Lawyer's Practice) Regulations 2000 on a permanent basis in England and Wales or Northern Ireland, and are legally entitled to do so;
- you have provided the SRA with a certificate which is no more than three months old, confirming your registration with the competent authority in Switzerland under whose home professional title you intend to practise;
- you are not struck off or suspended from the register, or subject to a direction from the Tribunal prohibiting your restoration to the register; and
- the SRA is satisfied as to your character and suitability to be an REL.
- At the end of the period of four years beginning with IP completion day, you will be eligible for registration in the register of European lawyers if you satisfy the requirements of regulation 6.3 and you fall within paragraph 4 but not paragraph 5 of regulation 6 of The Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020.
- You will be eligible for registration in the register of foreign lawyers if:
- you are a foreign lawyer of a legal profession which the SRA is satisfied is so regulated as to make it appropriate for members of that profession to be managers of recognised bodies;
- you are not struck off or suspended from the register, or subject to a direction from the Tribunal prohibiting your restoration to the register; and
- the SRA is satisfied as to your character and suitability to be an RFL.
- If the SRA considers it to be in the public interest to do so, it must:
- refuse your application for a practising certificate, or your application for registration or renewal of registration, in the register of European lawyers or the register of foreign lawyers; or
- at any time, whether on grant of such an application or at the end of a period of suspension of a practising certificate or registration, or otherwise, impose such conditions on your certificate or registration as it thinks fit in accordance with regulations 7.2 and 7.3.
- The SRA may impose conditions under regulation 7.1(b) if it is satisfied for any reason, including health issues, lack of competence or misconduct, that you:
- are unsuitable to undertake certain activities or engage in certain business or practising arrangements;
- are putting, or are likely to put, at risk the interests of clients, third parties or the public;
- will not comply, or are unable to comply, with the SRA's regulatory arrangements (which includes your ability to engage with your regulator on any matter that may require investigation and take part in any regulatory or disciplinary process) or require monitoring of compliance with the SRA's regulatory arrangements; or
- should take specified steps conducive to the regulatory objectives.
- The conditions imposed by the SRA under regulation 7.1(b) may:
- specify certain requirements that must be met or steps that must be taken;
- restrict the carrying on of particular activities or holding of particular roles; or
- prohibit the taking of specified steps without its approval.
- The SRA may vary or revoke any conditions on your practising certificate or registration.
- Before imposing or varying any conditions on your practising certificate or registration, the SRA shall give you no less than 28 days' notice of its intention to do so, inviting representations regarding the issues giving rise to the proposed conditions.
- The SRA may shorten or dispense with the 28 days' notice under regulation 7.5 where conditions are imposed on grant of your practising certificate or registration, or otherwise if it is satisfied that it is in the public interest to do so.
- If the SRA issues you with a practising certificate or registers you, or renews your registration, in the register of European lawyers or the register of foreign lawyers, you must pay the prescribed fee.
- The commencement date for a practising certificate or for registration in the register of European lawyers or register of foreign lawyers shall be the date specified by the SRA on the practising certificate or the register.
- The replacement date for a practising certificate is 31 October following the issue of the certificate.
- The renewal date for registration in the register of European lawyers or register of foreign lawyers is the first 31 October following initial registration, and 31 October in each successive year.
- The SRA may revoke a practising certificate, or withdraw registration in the register of European lawyers or the register of foreign lawyers, at any time, if the SRA is satisfied:
- that the practising certificate or registration was granted or renewed as a result of error, misleading or inaccurate information, or fraud;
- that the replacement or renewal date has passed and an application has not been made for replacement of the practising certificate or renewal of the registration;
- that a solicitor, an REL or RFL has failed to pay the prescribed fee required under regulation 7.7;
- subject to regulation 8.7(c), in the case of an REL or RFL that the eligibility requirements under regulations 6.3 and 6.4 are no longer met; or
- that an application for a replacement practising certificate or renewal of registration has been refused under regulation 7.1(a).
- The SRA must not revoke a practising certificate or withdraw registration under regulation 8.4(a), (c) or (d) unless it has first given the person no less than 28 days' notice of its intention to do so, inviting representations regarding the issues giving rise to the proposed revocation or withdrawal of registration.
- The SRA shall revoke a practising certificate or withdraw registration on the application of the person concerned, unless the applicant is subject to any proceedings, investigation, or consideration of their conduct or practice by the SRA or the Tribunal.
- A practising certificate or registration will expire:
- on the death of the solicitor, REL or RFL;
- if a solicitor, an REL or RFL is removed from, or struck off, the roll or register or their registration is withdrawn;
- if an REL or RFL is no longer eligible for registration under 6.3(a) or 6.4(a) respectively;
- in the case of a practising certificate, when the SRA issues a replacement certificate;
- in the case of a practising certificate which is suspended, on its replacement date, or if the replacement date has passed, 14 days after the suspension took effect; or
- in the case of a registration which is suspended, on its next renewal date, or if a suspension takes effect after a renewal date but before renewal has been granted in respect of that renewal date, 14 days after the suspension took effect.
What authorisation entitles you to do
- Subject to regulations 9.2, 9.3, 9.5 to 9.10 and 10.2(b), if you are a solicitor with a current practising certificate, or an REL, you are entitled to carry on all reserved legal activities except notarial activities.
- If you are an REL you may only exercise a right of audience before a court, conduct litigation or prepare court documents, in conjunction with a solicitor or barrister who is authorised to do so.
- If you are an REL you may only:
- prepare instruments for remuneration creating or transferring an interest in land, and lodge documents relating to a transfer or charge of land, if you have a home professional title listed under Regulation 12 of the European Communities (Lawyer's Practice) Regulations 2000;
- carry on probate activities for remuneration if you have a home professional title listed under Regulation 13 of the European Communities (Lawyer's Practice) Regulations 2000.
- If you are an RFL you may only:
- undertake advocacy in chambers in England and Wales under instructions given by a person who is authorised to do so;
- under the direction and supervision of a person qualified to supervise:
- prepare court documents;
- prepare instruments and the lodging of documents relating to the transfer or charge of land;
- prepare papers on which to found or oppose a grant of probate, or a grant of letters of administration;
- prepare trust deeds disposing of capital if you also are eligible to act as a lawyer of England and Wales;
- in relation to immigration work:
- undertake advocacy before immigration tribunals;
- have conduct of, and prepare documents for, immigration tribunal proceedings.
- Subject to regulation 9.7, if you are a solicitor, an REL or RFL you may undertake immigration work, provided that such work is undertaken:
- through an authorised body;
- through an authorised non-SRA firm that is a qualified person under the Immigration and Asylum Act 1999;
- as an employee, for your employer or work colleagues; or
- through a non-commercial advice service which is registered with the Office of the Immigration Services Commissioner or is otherwise a qualified person under the Immigration and Asylum Act 1999
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Where you undertake work under regulation 9.5(c) or (d) above, this must be undertaken by you personally and not by another person on your or your employer’s behalf unless such person is a qualified person under the Immigration and Asylum Act 1999 other than under section 84(2)(e) of that Act.
- If you undertake immigration work through a body which is registered with the Office of the Immigration Services Commissioner, other than as permitted under regulation 9.5(d), you must be registered as an individual with the Office of the Immigration Services Commissioner or otherwise qualified to provide such services under the Immigration and Asylum Act 1999 and must undertake such work in that capacity.
- For the purposes of regulation 9.7, you are not otherwise qualified to provide services under the Immigration and Asylum Act 1999 by virtue of your authorisation by the SRA to practise as a solicitor, an REL or RFL.
- Where you are undertaking work under 9.7 above, in the event of any conflict between the SRA’s regulatory arrangements and any requirements placed on you by the Office of the Immigration Services Commissioner, the latter shall prevail.
- Nothing in regulations 9.5 to 9.7B restrict you from undertaking immigration work if you fall within section 84(6) of the Immigration and Asylum Act 1999.
- If you are a solicitor, an REL or RFL you may carry on regulated claims management activities or activities that would be regulated claims management activities but for the exclusion in article 89N of the Regulated Activities Order, provided that such work is undertaken through:
- a body authorised to carry on reserved legal activities; or
- if the work does not comprise reserved legal activities
- a body which has been granted permission to carry on regulated claims management activities by the FCA under Part 4A of FSMA; or
- as permitted under an exemption made in or under FSMA, to the general prohibition set out in section 19 of FSMA.
- If you are a solicitor, an REL or RFL you may carry on regulated financial services activities under the SRA Financial Services (Scope) Rules, provided that such activities are undertaken through an authorised body.
- If you are a solicitor or an REL you may exercise civil or criminal advocacy in the higher courts if the SRA is satisfied you have successfully and satisfactorily completed the appropriate higher courts advocacy qualification and that you have done so after the date of your admission as a solicitor or initial registration as an REL, or you are:
- an REL or lawyer to whom the European Union (Recognition of Professional Qualifications) Regulations 2015 applies and you have applied for a qualification to exercise rights of audience in the higher courts, and you have undertaken any further steps as the SRA specifies in order to gain the qualification; or
- authorised by another approved regulator to exercise civil or criminal advocacy in the higher courts.
- Subject to regulation 10.2, if you are a solicitor or an REL you must not act as a sole practitioner unless your practice is authorised as a recognised sole practice.
- If you otherwise would be, you will not be regarded as acting as a sole practitioner and you will not therefore need to be authorised as a recognised sole practice if:
- your practice consists entirely of carrying on activities which are not reserved legal activities;
- any reserved legal activities you carry on are provided through an authorised body or an authorised non-SRA firm, or in circumstances in which you:
- have practised as a solicitor or an REL for a minimum of three years since admission or registration;
- are self-employed and practise in your own name, and not through a trading name or service company;
- do not employ anyone in connection with the services that you provide;
- are engaged directly by the client with your fees payable directly to you;
- have a practising address in the UK;
- take out and maintain indemnity insurance that provides adequate and appropriate cover in respect of the services that you provide or have provided, whether or not they comprise reserved legal activities, taking into account any alternative arrangements you or your clients may make; and
- do not hold client money, save that you may hold money which falls within the category of client money set out in rule 2.1(d) of the SRA Accounts Rules so long as:
- any money held for disbursements relates to costs or expenses incurred by you on behalf of your client and for which you are liable; and
- you have informed your client in advance of where and how the money will be held; or
- the only reserved legal activities undertaken by you when practising on your own is administering oaths or statutory declarations and you meet the following conditions:
- you do not charge a fee for administering oaths or statutory declarations other than the statutory fee; and
- you do not provide the services of administering oaths or statutory declarations by way of business,
- Regulations 1.1 to 3.3 come into force on a date to be determined in an order made by the SRA Board. [Note: this date is 1 September 2021]
- Subject to regulations 11.3 to 11.7, regulations 3A.1 to 3F.4 shall be revoked on the date determined in accordance with regulation 11.1.
- Regulations 3A.1 to 3E.2 shall continue to have effect, in respect of those individuals falling within regulation 11.5, and for the purposes of regulation 11.6, until 31 December in the year of the eleventh anniversary of the date determined in accordance with regulation 11.1. [Note: this date is 31 December 2032]
- Regulation 3F shall continue to have effect, in respect of those individuals who have passed the multiple-choice test of the Qualified Lawyers Transfer Scheme assessments at the date determined in accordance with regulation 11.1, until the first anniversary of that date.
- Regulation 11.3 applies to any individual who has, at the date determined in accordance with regulation 11.1, started, or who has entered into a contractual agreement or made a non-refundable financial commitment to start, any of the following:
- a Qualifying Law Degree;
- a CPE;
- an Exempting Law Degree;
- an Integrated Course;
- the Legal Practice Course; or
- a period of recognised training,
- An individual who falls within regulation 11.5 will be eligible to be admitted as a solicitor under either regulations 3A.1 to 3E.2, or under regulations 1.1 to 3.3.
- Where an individual has made an application for admission on the basis of eligibility under either regulation 3A or regulation 3F, and it has not been determined at the point those regulations are revoked (and any continuation under regulation 11.3 has come to an end), then the application shall continue to be determined under those regulations as if they were still in force.
- If you are:
- an RFL;
- were an REL immediately prior to IP completion day; and
- have made an application under regulation 29 of the European Communities (Lawyer's Practice) Regulations 2000 to which regulation 9 of The Services of Lawyers and Lawyer's Practice (Revocation etc.) (EU Exit) Regulations 2020 applies
you are entitled to continue to carry on or undertake those activities and that work you were entitled to do immediately prior to IP completion day under regulation 9 of these regulations until your application referred to in (c) has been finally determined or withdrawn.
Supplemental notes
Rules made by the Solicitors Regulation Authority Board on 6 June 2023.
Made under sections 2, 13, 28, 31, 32, 33A, 34 and 37 of the Solicitors Act 1974, section 89 of, and paragraphs 2 and 3 of Schedule 14 to, the Courts and Legal Services Act 1990, section 9 of the Administration of Justice Act 1985 and section 83 of, and Schedule 11 to, the Legal Services Act 2007.