FAQs for CLC Lawyers looking to reinstate a suspended licence or reapply for a new licence after a period of disqualification
After a licence has been suspended or when there has been a period of disqualification (as a result of disciplinary sanctions) for any period, it is not automatically re-instated at the end of the period of suspension (i.e. the end of the licensing year) or disqualification (the date set by the Adjudication Panel).
The CLC’s overriding principle when approving applications to reinstate a licence is that the applicant must intend to work in a supervised and not supervisory capacity for the licence duration. After the initial period of reinstatement an assessment will be made as to whether the CLC will permit supervision.
Applicants must anticipate being asked to provide details of what action they have taken to improve their knowledge and de-risk their practise in instances where the prospective applicant has been subject to:
- A disqualification applied as a sanction made by the Adjudication Panel, or
- Automatic suspension, as a result of an intervention into a practice at which they were an owner/manager/or HoLP/HoFA, or
- Any circumstances where applicants have been subject to regulatory action and/or a disciplinary sanction.
Application formalities
All applicants are ask to submit standard information that will enable us to move towards making a licensing decision.
1. Completing criminality and credit reference checks which includes a Standard DBS check. The CLC carries out these checks using the credit reference agency Experian. – you will be charged the standard application and Experian fees;
2. a current CV as evidence of your recent employment activities, which should accompanied by a supporting statement from your current employer;
3. Written confirmation from your current employer that they are fully aware of the nature and extent of the disciplinary event (pending or outcomes); and
4. employment references, the CLC will seek to obtain references from past or most recent employers.
It is important that before you contact us to make a reinstatement application request that you establish when you last held a current and valid licence and have completed and/or obtained the required the required evidence relevant to the time that has lapsed since you held a valid licence. Requirements 1 and 2 below are pre-conditions of being able to submit an application.
Requirement 1: My licence was suspended or I have been disqualified from holding a licence for more than 2 years
Q Can I submit an application to reinstate my licence?
A. Yes, but first, you will need to demonstrate that you continue to meet the CLC’s licensing and professional standards by passing one of the following units on the SQA qualifications framework:
- To reinstate a Conveyancing Licence: The SQA Level 6 Diploma – Unit: Conveyancing Law and Practice
- To reinstate a Probate Licence: The SQA Level 6 Diploma – Unit: The Administration of Estates
Please contact a SQA approved training provider to arrange to study the appropriate unit. You must provide your certified SQA certificate when you submit your application. This is in addition to requirement 2 set out below.
Requirement 2: My licence was suspended or I have been disqualified from holding a licence for less than two years?
Q. Can I submit an application to reinstate my licence?
A. Yes, but first you will need to demonstrate that your legal knowledge is up to date by providing evidence to show that during the period that you have not held a valid licence that you have maintained your legal knowledge and/or occupational experience.
You will be asked to provide a copy of your most recent training record detailing the types of activities that you have completed in order to keep your occupational and professional skills up to date, such as:
a. commercial CPD activities;
b. employer led in-house training sessions;
c. CLC webinars;
Q. I have been employed, but I haven’t completed any CPD? What should I do?
A. Before pursuing an application with us you should complete the standard annual 6 hours CPD requirement to hold a CLC licence (employed). This will evidence that you have maintained your legal knowledge. More information on the various learning activities that could count towards CPD hours can be found HERE.
Q. I haven’t been in employment whilst my licence was suspended and I am unable to afford CPD courses. What should I do?
A. While the CLC expects you to fulfil your CPD requirements, we do not expect this to be solely through commercially provided training. More information on the various learning activities that could count towards CPD hours can be found HERE.
Q. I haven’t been in conveyancing or probate employment whilst my licence was suspended and I am unable to demonstrate my occupational experience is up to date. What should I do?
A. If this period is less than two years we will accept CPD activity as a way of demonstrating your occupational experience is up to date. If the period is longer than 2 years you should email us at licensing@clc-uk.org and one of the licensing team will contact you to discuss your circumstances.
Information for all reinstatement applicants
Q. How can I work out the date that I held a current and valid licence.?
A. If your licence was suspend as a result of an intervention into a practice at which you were an owner/manager/HoLP or HoFA. The last date you held a valid licence is the date of the intervention. You can find this information HERE on the CLC website.
A. If you have not held a licence because of a disqualification applied as a sanction made by the Adjudication Panel. The last date you held a licence is the date of the Adjudication Panel’s Decision/Hearing. We will have provided you with a copy of this document in the disciplinary process and a copy is published HERE on the CLC website.
Q. I previously held a licence as a manager at the practice before my suspension/disqualification. Can I re-instate my licence and act as a manager?
A. No, if your licence is reinstated it will be issued as employed. If at a later date you gain employment as a Director, Partner or Member and become eligible to apply to change your licence from employed to manager, you will need to make an entirely new application. More information about applying to change your licence form employed to manager can be found in our Universal Guidance for individuals applying of a Licence or Authorisation
Please note: reinstatement applications are considered complex. Therefore, the standard application timescale does not apply. We will of course endeavour to process applications as swiftly as possible.
