Schedule of delegation
Updated 31 March 2022
About the schedule
Under the Law Society's General Regulations, the SRA Board is able to carry out its delegated functions through sub-committees and individuals, including SRA staff (regulation 16). The SRA's Delegation Framework provides that the delegation of executive functions (including exercise of regulatory powers) is delegated by the Board to the Executive.
This Schedule of Delegation sets out how those powers are, in turn, delegated to certain staff groups or individuals. It sets out the levels or categories of staff who can make certain regulatory decisions, subject to management controls to make sure that staff are sufficiently trained, experienced and competent to do so. The Chief Executive is able at any time to delegate authority on a case by case basis.
The Schedule does not cover day to day administrative or operational matters which are carried out by the staff as part of their day to day work, such as agreeing the content of forms, issuing of guidance, sending notices (save where referred to in the Schedule below), opening new matters and disclosing information. This is also subject to management controls and agreed job descriptions.
Each numbered paragraph contains a function / power followed by an individual or individuals (eg a job title or job role) to whom this has been delegated this to. Some delegations include details of restrictions upon the delegation made. In this Schedule:
- references to standards, regulations or statutory provisions includes any subsequently amended versions from time to time in force
- references to a job title or role includes individuals undertaking the same or equivalent role in the future under a different title
- references to a directorate, function or unit includes a directorate, function or unit fulfilling the same or equivalent role in the future under a different title
- ‘Adjudication’ means an Adjudicator, an adjudication panel or the Chief Adjudicator
- ‘Director(s)’ includes all Directors, Executive Directors and the Chief Executive of the SRA
- ‘Heads’ includes all persons described as ‘Head’ of a function in their job title
- ‘Licensed body’ includes anybody applying to become a licensed body
- ‘Recognised body’ includes a legal services body and anybody applying to become a recognised body
- ‘Investigation‘ includes Supervision, Forensic Investigations, Assessment Team and Fraud and Confidential Intelligence Bureau.
- ‘Technical Adviser(s)’ includes Senior Technical Advisers, Senior Authorisation Advisers and any individuals undertaking the same or equivalent role in the future under a different title
- references to the ‘SA 1974’ means the Solicitors Act 1974, ‘CLSA 1990’ means the Courts and Legal Services Act 1990, ‘AJA 1985’ means the Administration of Justice Act 1985 and ‘LSA 2007’ means the Legal Services Act 2007 or subsequently amended versions
- Where a delegation is made to a staff category, the delegation is made to the individuals set out in the table below:
Staff Category | Description |
---|---|
A1 |
Authorisation Officers Level 1, Authorisation Officers Level 2, Authorisation Officers Level 3, Senior Authorisation Officers, Team Leaders, Heads of Unit, Technical Advisers, and Director of Authorisation (in Authorisation Directorate) |
A2 |
Authorisation Officers Level 2 and Level 3, Senior Authorisation Officers, Team Leaders, Heads of Unit, Technical Advisers, and Director (in Authorisation Directorate) |
A3 |
Team Leaders, Heads of Unit, Technical Advisers, and Director (in Authorisation Directorate) |
A4 |
Heads of Unit, Technical Advisers, and Director (in Authorisation Directorate) |
RE1 |
Policy Managers, Head of Education and Training and Director of Education and Training |
L1 |
Legal Advisers, Senior Legal Advisers, Senior Legal Consultant, Case Managers, Head of Legal and Enforcement, Head of Legal Policy and Advice, Head of Risk and Compliance, Director of Legal and Enforcement, Chief Adjudicator, Executive Directors |
L2 |
Head of Legal and Enforcement, Head of Legal Policy and Advice, Director of Legal and Enforcement and Chief Adjudicator, Executive Directors |
L3 |
Head of Legal and Enforcement, Head of Legal Policy and Advice, Director of Legal and Enforcement and Executive Directors (in General Counsel) |
I1 |
Regulatory Support Officers, Investigation Paralegals, Investigation Officers, Intelligence Officers, Forensic Investigation Officers, Investigation Quality Assurance Officer, Investigation Complaints Officer, Investigation Managers, Senior Legal & Technical Adviser, Investigation Knowledge and Development Manager, Head of Forensic Investigations and Intelligence, Head of Investigations and Director of Investigation and Supervision |
I2 |
Investigation Managers, Senior Legal & Technical Adviser, Investigation Knowledge and Development Manager, Head of Forensic Investigations and Intelligence, Head of Investigations and Director of Investigation and Supervision |
I3 |
Head of Forensic Investigations and Intelligence, Head of Investigations and Director of Investigation and Supervision |
AML1 |
Director of AML, AML Investigation Manager, AML Regulatory Manager |
AML2 |
AML Proactive Supervision Manager, AML Proactive Supervision Team Leader, AML Investigations Officer, AML Associate, AML Officer |
Schedule
General
No. | Delegation | Level and restrictions |
---|---|---|
1 |
To decide the outcome of a review of:
|
|
2 |
To authorise the disclosure or publication of confidential information in the public interest, and pursuant to legal requirements, to law enforcement agencies, regulators or those who exercise regulatory functions, and to other persons with a legitimate interest in receiving the information, including but not limited to disclosure pursuant to sections 32(4) and 33A(2) of the SA 1974, s98 of the LSA 2007 and under any SRA rules or regulations |
Adjudication, Directors and Heads Investigation staff, Category I2 Intelligence Officers Authorisation staff, Category A3 Legal staff, Category L1 Interventions and Statutory Trust Manager, Cost Recovery Team Manager, Compensation Fund Team Managers and Senior Advisers, Director of Client Protection, Technical Manager (in Client Protection) |
3 | To authorise inspection of a file in proceedings in bankruptcy of a solicitor pursuant to section 83 of the S A 1974 |
Adjudication, Directors and Heads Investigation staff, Category I2 Authorisation staff, Category A3 |
4 | To oppose admission to the Roll pursuant to section 3(2) of the Solicitors Act 1974 |
Adjudication Directors and Heads |
Client Protection – the compensation fund, statutory trusts and indemnity insurance
No. | Delegation | Level and restrictions |
---|---|---|
5 | To make decisions in respect of payment or rejection of claims on the Compensation Fund (up to the value prescribed) |
No limit: Adjudication panel save if urgent single adjudicator or Executive Director Up to £1 million: A single Adjudicator Up to £250,000: Director of Client Protection, Technical Manager, Interventions and Statutory Trust Manager, Cost Recovery Team Manager, Compensation Fund Team Managers and Senior Advisers (in Client Protection) Up to £100,000: Technical Specialists (in Client Protection) Up to £10,000: Complex Caseworkers (in Client Protection) |
5A | To impose a cap of £5 million in respect of decisions made under Rule 10 of the Compensation Fund Rule 2021 on payments relating to multiple applications for the same or connected claims |
£5 million: Executive Directors |
6 | To make decisions in respect of payment or rejection of claims on the Compensation Fund (up to the value prescribed), where the proposed payment is an urgent interim measure to protect the interests of an applicant or potential applicant to the fund |
No limit: Adjudication, Executive Directors and Director of Client Protection Up to £500,000: Interventions and Statutory Trust Manager, Cost Recovery Team Manager, Compensation Fund Team Managers and Senior Advisers (in Client Protection) Up to £250,000: Technical Specialists (in Client Protection) Up to £500,000: Technical Manager, Interventions and Statutory Trust Manager, Cost Recovery Team Manager, Compensation Fund Team Managers and Senior Advisers (in Client Protection) |
7 | To authorise release of funds from the Compensation Fund in an emergency |
Adjudication and Executive Directors Director of Client Protection Any two of: Technical Manager, Interventions and Statutory Trust Manager, Cost Recovery Team Manager, Compensation Fund Team Managers and Senior Advisers, (in Client Protection) |
8 | To give an undertaking on behalf of the Compensation Fund to return an overpayment from a Statutory Trust Account | Interventions and Statutory Trust Manager, Cost Recovery Team Manager, Compensation Fund Team Managers and Senior Advisers, Technical Manager and Director (in Client Protection) |
9 | To make decisions in respect of payment from the Compensation Fund to a Statutory Trust Account to return an overpayment |
No limit: Adjudication Up to £500,000: Interventions and Statutory Trust Manager, Cost Recovery Team Manager, Compensation Fund Team Managers, Senior Adviser, Technical Manager and Director of Client Protection (in Client Protection) Up to £250,000: Technical Specialists (in Client Protection) |
10 | To make any decision (without limit) in respect of statutory trust money |
Adjudication In cases of urgency, any two of: Executive Directors and Director of Client Protection |
11 | To make any decision to make payments up to the value prescribed in respect of statutory trust money |
Up to £500,000: Director of Client Protection, Technical Manager, Interventions and Statutory Trust Manager, Senior Financial Investigators, Intervention Project Officers, and Senior Advisers (in Client Protection) Up to £100,000; Technical Specialist in Client Protection |
12 | To pass a resolution under paragraph 6A of Schedule 1 of the SA 1974 or paragraph 4 of Schedule 14 of the LSA 2007 to collect debts due to an intervened firm | Any two of: Director of Client Protection, Interventions and Statutory Trust Manager, Technical Manager in Client Protection, Senior Technical Advisor in Client Protection |
13 | To issue and defend financial or recovery proceedings in a court or tribunal (and to take preliminary steps such as the service of a statutory demand in bankruptcy) on behalf of the SRA or the Compensation Fund |
Executive Directors Case working staff, Technical Specialists, Compensation Fund Team Managers Cost Recovery Team Manager, Senior Advisers, Interventions and Statutory Trust Manager, Technical Manager and Director (in Client Protection) |
Authorisation
No. | Delegation | Level and restrictions |
---|---|---|
Authorisation – individuals, education and training | ||
14 | To make decisions about an applicant's character and suitability under rule 1.1 of SRA Assessment of Character and Suitability Rules |
Adjudication Education and Training staff, Category RE1 Authorisation staff, Category A1 |
15 |
To grant applications or authorisations under the SRA Authorisation of Individuals Regulations including:
|
Authorisation staff, Category A1 – all decisions (1) to (8) Adjudication – all decisions (1) to (9) Authorisation staff, Category A2 and Education and Training staff, Category RE1 - decision (9) |
16 |
To refuse, revoke or vary authorisations under the SRA Authorisation of Individuals Regulations including;
|
Adjudication Education and Training staff, Category RE1 Authorisation staff, Category A1 - decisions (1) to (12) Authorisation staff, Category A2 – decision (13) |
16A |
To grant or refuse applications to extend the six year period to complete the SQE assessment under the SQE Assessment Regulations |
Education and Training staff, Category RE1 Authorisation staff, Category A2 |
17 |
To grant approvals or authorisations under the SRA Education, Training and Assessment Provider Regulations including;
|
Authorisation staff, Category A1 Adjudication |
18 |
To refuse, revoke or vary authorisations under the SRA Education, Training and Assessment Provider Regulations including;
|
Adjudication: all decisions (1) - (7) Authorisation staff, Category A1 decisions (1) to (4) Education and Training Staff, Category RE1 – decisions (5), (6) and (7) |
19 | To determine applications for membership of professional accreditation schemes, panels and awards, including the waiving of requirements and to revoke membership of professional accreditation schemes, panels and awards. |
Adjudication Education and Training staff, Category RE1 Authorisation staff, Category A2 |
20 |
In respect of the granting of applications for approval of employment under sections 41 or 43 of the Solicitors Act 1974 to grant approval unconditionally, or subject to any conditions or requirements which have not been objected to by the person or persons concerned; to refuse approval, or grant approval with conditions (whether objected to or not) |
Investigation staff, Category I1 and Authorisation staff, Category A1: decision (1) Adjudication, Senior Authorisation Officers and Authorisation staff, Category A3: decision (2) |
21 |
In respect of an application to terminate a suspended practising certificate:
|
Authorisation staff, Category A1: decision (1) Adjudication, Senior Authorisation Officers and Authorisation staff, Category A3: decision (2) |
22 | In accordance with the powers under articles 12-14 of the European Communities (Services of Lawyers) Order 1978 to determine whether the person has verified their status to the SRA's satisfaction | Adjudication, Directors and Heads |
Authorisation – firms | ||
23 |
To grant approvals or authorisations with conditions or otherwise under the SRA Authorisation of Firms Rules including;
|
Authorisation staff, Category A1: decisions (1) to (14) Adjudication: decisions (1) to (15) Authorisation staff, Category A3: decision (15) |
24 | To refuse applications or authorisations under the SRA Authorisation of Firms Rules including;
|
Authorisation staff Category A1: decisions (1) to (6), Adjudication: decisions (1) to (9) Authorisation staff Category A3: decisions (7), (8), (9) |
25 | Withholding from publication any or all information subject to publication on the register in the public interest |
Adjudication and Executive Directors Authorisation staff, Category A1 |
26 |
In respect of determining or modifying the reserved legal activities which a licensed body is authorised to carry on for the purposes of section 85 and 86 of the Legal Services Act 2007 (including upon first application for a licence):
|
In respect of the exercise of these powers, all persons listed in (1) and (2) above may give notice of the same or decide to dispense with notice requirements |
Authorisation – other | ||
27 | To require an accountant's report to be obtained or delivered in accordance with rule 12.4 of the SRA Accounts Rules |
Authorisation staff Category A1 Adjudication |
28 | To make orders and exercise associated powers in relation to modifying the application of licensing rules for special bodies arising from sections 106 and 107 of the Legal Services Act 2007 |
Adjudication Executive Directors |
Investigation
No. | Delegation | Level and restrictions |
---|---|---|
29 | To authorise an on-site inspection |
Adjudication Directors and Heads Investigation staff, Category I2 |
30 | To decide that it would not be in the public interest to notify the relevant person or their employer of an investigation into an allegation | Investigation staff, Category I2, I3 |
31 | To issue letters of advice or a warning regarding future conduct or behaviour under rule 2.4 of the SRA Regulatory and Disciplinary Procedure Rules |
Adjudication, Directors and Heads Investigation staff, Category I2 Legal staff, Category L1 |
32 | To dispense with the giving of notice to the relevant person under rule 2.5 of the SRA Regulatory and Disciplinary Procedure Rules or to vary the procedures in accordance with rule 8.1 in the interests of justice |
Adjudication Investigation staff, Category I2 Legal staff, Category L2 |
33 | To decide to suspend a practising certificate |
Adjudication Investigation Staff Category I3 Legal staff, Category L3 |
34 | To give any notices required for the purposes of Schedule 14 of the LSA 2007 (including, for the avoidance of doubt, paragraphs 1(4), 3(5), 8 and 10) and Schedule 1 of the SA 1974 (including, for the avoidance of doubt, paragraphs 6 and 9) which concern intervention powers |
Adjudication Executive Directors Director of Client Protection, Technical Manager, Interventions and Statutory Trust Manager and Senior Advisers (in Client Protection) Investigation Staff, Category I3 Legal staff, Category L3 |
35 | To disqualify an accountant from making any accountant's reports for the purposes of the Accounts Rules |
Adjudication Investigation staff, Category I3 |
Adjudication
No. | Delegation | Level and restrictions |
---|---|---|
36 | Decide to exercise powers of intervention (including under section 35 and Schedule 1 of the SA 1974, Schedule 2 of the AJA1985, section 102 and Schedule 14 to the LSA 2007 and any provision with similar effect.) |
Adjudication panel unless the intervention
|
37 |
To:
|
Adjudication: decisions (1) to (7) Authorisation staff Category A1: decision (3) in so far as relates to publication of conditions affecting a practising certificate, recognition, registration, or approval and decision (6) in so far as it relates to imposing interim conditions upon practising certificates under rule 3.2 of the SRA Regulatory and Disciplinary Procedure Rules |
38 | To decide that a disqualification or order made by the SRA should cease to be in force in accordance with rule 7.2 SRA Regulatory and Disciplinary Procedure Rules |
Adjudication Authorisation staff, category L4 |
39 | To appoint the membership of a Panel of Adjudicators Sub Committee and to designate the Chair |
Adjudication Support Officer Chief Adjudicator, or in the absence of the Chief Adjudicator, a single Adjudicator |
Legal and Enforcement
No. | Delegation | Level and restrictions |
---|---|---|
40 |
To authorise disciplinary proceedings and any other proceedings before the Solicitors Disciplinary Tribunal, and to authorise the addition of further allegations To authorise, issue and defend any proceedings or proposed proceedings in a court or tribunal. For the avoidance of doubt, the above includes the power to issue a restriction notice for the purposes of Schedule 13 of the Legal Services Act 2007 and to make any application to the High Court under Part 5 of Schedule 13 of that Act or Schedule 14 of that Act and to give any associated notices. To make any decision related to proceedings which they are authorised to conduct including, for the avoidance of doubt, publication (or not) or other disclosure of a referral to the Solicitors Disciplinary Tribunal and/or the basis of such a referral |
Adjudication Legal staff, Category L1 |
41 | To authorise a Statement of Agreed Facts, Admissions and Outcome | Legal staff, Category L3 |
42 | To authorise prosecution of offences under the SA 1974, the AJA 1985, the CLSA 1990, and the LSA 2007 | Legal staff, Category L2 |
43 |
To decide to give notice pursuant to sections 44B of the S A 1974 and any equivalent notice, such as paragraph 14 of Schedule 2 to the AJA 1985, and to exercise the related powers pursuant to those provisions To decide to give notice pursuant to section 93 of the LSA 2007 and to exercise the related powers pursuant to those provisions To decide to give notice under regulation 66 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 |
Adjudication Investigation staff, Category I2 Legal staff, Category L1 Technical Advisers in Authorisation Director of Client Protection, Technical Manager in Client Protection, Interventions and Statutory Trust Manager AML staff category: AML1 and AML2 |
44 |
To decide to give notice pursuant to sections 44BA of the SA 1974 and any equivalent notice for the purposes of paragraph 14 of Schedule 2 to the AJA1985, and to exercise the related powers pursuant to those provisions To authorise an application to court pursuant to section 44BB of the S A1974 or section 94 of the L S A 2007, and to exercise the related powers pursuant to those provisions |
Legal staff, Category L2 Investigation staff, Category I2 in relation to a notice under section 44BA and equivalent notices Director of Client Protection, Technical Manager in Client Protection, Interventions and Statutory Trust Manager |
45 |
To authorise a regulatory settlement agreement including (but not limited) to:
|
Adjudication and Executive Directors Heads of Legal Director of Legal and Enforcement Director of Investigation & Supervision Head of Legal and Enforcement Any two of: Technical Advisers in Authorisation, Director of Authorisation, Heads of Unit (in Authorisation); Head of Investigation and Investigation Managers |
Standards
No. | Delegation | Level and restrictions |
---|---|---|
46 | To decide upon applications for waivers of requirements of the SRA Standards and Regulations |
Adjudication Directors Head of Ethics Guidance Ethics Guidance Team Managers Authorisation staff, Category A2 Education and Training staff, Category RE1 |
47 | To deal with applications for authority to withdraw money from client account |
Adjudication Directors Ethics Advisers Head of Ethics Guidance Ethics Guidance Team Managers |
48 | To approve foreign legal professions for the purposes of section 89 of the CLSA 1990 | Executive Directors |
49 |
To exercise all powers and make all decisions (excluding waivers and the setting of fees) relating to course providers offering the academic and vocational stages of training under the SRA Education, Training and Assessment Provider Regulations To deal with all matters relating to assessment organisations and / or providers of post-qualification training under the SRA Authorisation of Individuals Regulations and the SRA Education Training and Assessment Provider Regulations (excluding waivers and the setting of fees). |
Adjudication Education and Trainng staff, Category Category RE1 |