SRA Handbook

Appeals by licensable bodies

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Rule 31: Appeals by licensable bodies

31.1

A licensable body which is the subject of any decision in (a)-(b) below may appeal to the appellate body against:

(a)

the SRA's decision to:

(i)

refuse an application for authorisation;

(ii)

impose a condition on an authorisation;

(iii)

revoke or suspend a body's authorisation;

(iv)

refuse to approve a step which, under a condition on the body's authorisation, requires such prior approval;

(v)

modify or refuse an application for modification of the terms and conditions of an authorisation under Rule 10; or

(b)

the SRA's failure to make a decision within the decision period;

but must first invoke the SRA's own appeal procedure.

31.2

A licensable body which makes the application for approval pursuant to Rule 8.5 or 8.6 and/or the person who is the subject of the application for approval may appeal to the appellate body against the SRA's decision:

(a)

not to approve the person to be a manager or compliance officer of the body under Rules 8.5(b) or (d) or 8.6(a);

(b)

to approve the person to be a manager or compliance officer of the body under Rules 8.5(b) or (d) or 8.6(a) subject to conditions on the body's authorisation; or

(c)

to withdraw its approval of the person to be a manager or compliance officer of the body under Rule 17 or 18;

but must first invoke the SRA's own appeals procedure.

31.3

Any person who is the subject of any decision in (a)-(c) below may invoke the SRA's own appeals procedure, before exercising their right of appeal to the appellate body:

(a)

against the SRA's imposition of a financial penalty, under section 96 of the LSA;

(b)

against the SRA's imposition of conditions on an authorisation in connection with its approval of a person being an owner of a licensed body, under paragraphs 18, 29 or 34 of Schedule 13 to the LSA; or

(c)

against the SRA's decision not to approve, or its decision to withdraw its approval of, a person being an owner of a licensed body, under paragraphs 20, 32 or 37 of Schedule 13 to the LSA.

31.4

If an appeal is made to the appellate body in relation to a decision in respect of a licensable body to:

(a)

impose conditions on an authorisation under Rule 9;

(b)

modify terms and conditions of an authorisation under Rule 10;

(c)

withdraw approval of an owner, manager, COLP or COFA;

(d)

revoke or suspend a body's authorisation; or

(e)

impose conditions on the holding of an interest under paragraph 28 or 33 of Schedule 13 of the LSA;

the appellant may apply to the appellate body for a stay of the decision pending the determination or discontinuance of the appeal, and if the appellate body imposes an order for a stay in relation to a decision, the SRA shall stay the decision accordingly.