SRA Handbook

Introduction to the Qualified Lawyers Transfer Scheme Regulations

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Introduction to the Qualified Lawyers Transfer Scheme Regulations

Preamble

Authority: Made on 17 June 2011 by the Solicitors Regulation Authority Board under sections 2 , 79 and 80 of the Solicitors Act 1974 with the approval of the Legal Services Board under paragraph 19 of Schedule 4 to the Legal Services Act 2007

Date: These regulations came into force on 6 October 2011

Replacing: The SRA Qualified Lawyers Transfer Scheme Regulations 2010

Regulating: Lawyers seeking to be admitted as solicitors via transfer from another jurisdiction or other UK qualified lawyer, and lawyers seeking admission by virtue of European Directives 2005/36/EC and 98/5/EC.

Overview

Outcomes-focused regulation concentrates on providing positive outcomes which when achieved will benefit and protect clients and the public. These regulations set out the outcomes-focused requirements governing the qualification process for lawyers seeking to be admitted as solicitors via transfer from another jurisdiction or barristers. They also set out the means by which certain lawyers can seek admission by virtue of European Directive 2005/36/EC and the Establishment Directive.

Education and training performs the underpinning, fundamental role in regulating solicitors - the creation of competent and ethical practitioners. We regulate the transfer process in order to give admitted solicitors the tools they need to adhere to the Principles.

The Principles

These regulations form part of the Handbook, in which the 10 mandatory Principles are all-pervasive. They apply to all those we regulate and to all aspects of practice. Outcomes relevant to lawyers transferring from another jurisdiction are listed beneath the Principles.

You must:

1

uphold the rule of law and the proper administration of justice;

2

act with integrity;

3

not allow your independence to be compromised;

4

act in the best interests of each client;

5

provide a proper standard of service to your clients;

6

behave in a way that maintains the trust the public places in you and in the provision of legal services;

7

comply with your legal and regulatory obligations and deal with your regulators and ombudsmen in an open, timely and co-operative manner;

8

run your business or carry out your role in the business effectively and in accordance with proper governance and sound financial and risk management principles;

9

run your business or carry out your role in the business in a way that encourages equality of opportunity and respect for diversity; and

10

protect client money and assets.

Outcomes

The outcomes which apply to these regulations are that if you qualify as a solicitor by transfer from another jurisdiction, you:

O(QR1)

have achieved an appropriate standard of competence;

O(QR2)

undergo objective assessment to demonstrate this competence;

O(QR3)

are of proper character and suitability;

O(QR4)

have achieved an appropriate standard of written and spoken English;

O(QR5)

maintain competence through relevant ongoing training; and

O(QR6)

act so that clients, and the wider public, will have confidence that O(QR1) - O(QR5) have been demonstrated.

You must achieve, and where relevant continue to meet, these outcomes.

These outcomes, and the regulations that flow from them, apply to all those who are intending to become solicitors via transfer.