SRA Handbook

Removal, restoration and change of name

Back to version 21

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

Part 2: Removal, restoration and change of name

Regulation 7: Removal from the roll

7.1

The SRA may remove from the roll the name of any solicitor who:

(a)

replies, following an enquiry under regulation 6, that he or she does not wish to remain on the roll; or

(b)

fails to reply within eight weeks to an enquiry under regulation 6; or

(c)

fails, within eight weeks of an enquiry under regulation 6, to pay the fee prescribed by regulation 15.1 for remaining on the roll; or

(d)

applies to have his or her name removed from the roll; or

(e)

has died.

Regulation 8: Application for restoration to the roll

8.1

A person whose name has been removed from the roll may apply to the SRA for his or her name to be restored to the roll.

8.2

This regulation does not apply if:

(a)

the Tribunal has made an order prohibiting the restoration of the person's name to the roll except by order of the Tribunal; or

(b)

the person's name has been struck off the roll.

8.3

The SRA shall not restore a person's name to the roll unless satisfied as to that person's character and suitability to be a solicitor.

Guidance note

(i)

The SRA will satisfy itself as to a person's character and suitability in a number of ways. These may include, but are not limited to, CRB disclosures and Police National Computer checks, as well as self-disclosure, in accordance with the Suitability Test. This will be in addition to taking into account the factors set out in regulations 10 and 11.

Regulation 9: Application for change of name on the roll

9.1

A solicitor whose name has changed may apply to the SRA to change his or her name on the roll.

Regulation 10: Outstanding complaints

10.1

The SRA may refuse to remove from or restore to the roll the name of a solicitor or former solicitor against whom there is an outstanding complaint.

Regulation 11: Disciplinary proceedings

11.1

The SRA shall not remove from or restore to the roll the name of any solicitor or former solicitor against whom disciplinary proceedings are pending before the Senior Courts or the Tribunal.

Regulation 12: Notice of intention to remove name

12.1

Where regulation 7.1(b) or (c) applies, the SRA shall not remove a solicitor's name from the roll until it has notified the solicitor in writing that it intends to remove his or her name.

Regulation 13: Letter of confirmation or notice of refusal

13.1

The SRA shall write to a solicitor or former solicitor:

(a)

confirming that his or her name on the roll has been removed from, restored to or changed on the roll; or

(b)

giving notice that the SRA has refused to remove from, restore to or change his or her name on the roll.