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CLC Lawyers seeking to reapply for a licence after a period of suspension or disqualification.

After a licence has been suspended or when there has been a period of disqualification (because 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 reapply for 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:

  1. A disqualification applied as a sanction made by the Adjudication Panel, or
  2. Automatic suspension, because of an a) Bankruptcy order being made against them or b) intervention into a practice at which they were an owner/manager/or HoLP/HoFA, or
  3. Any circumstances where applicants have been subject to regulatory action and/or a disciplinary sanction.

Application formalities and pre-conditions of making an application.

All applicants are asked to submit standard information that will enable us to move towards making a licensing decision. 

  1. Complete and pay for screening checks. The CLC will instruct a screening agency to carry out these checks.  you will be charged the standard CLC application and screening agency fees;  In cases where adverse results are returned, we will ask applicants to provide a copy of the DBS certificate.
  2. A current CV as evidence of your recent employment activities, which should be 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 or adverse financial event (pending and/or outcome).
  4. Employment references, the CLC will seek to obtain references from past or most recent employers.
  5. Where the applicant held a position of care and control in a practice that was not in compliance with the CLC rules, or where the CLC was investigating a possible breach of its rules, evidence to show that ALL compliance issues have been resolved and, if appropriate, evidence of remediation by the CLC lawyer.
  6. Where the applicant was the subject of a Bankruptcy order (automatic suspension of a licence), evidence that the order has been annulled, revoked, or satisfied on a date prior to the application being made.

When pre-conditions 5 and 6 apply.

You will also be required to provide evidence of having completed 600 hours supervised occupational experience. You can evidence this by completing a CLC Statement of Practice Experience in Conveyancing and Probate.

Download:

You will also need to demonstrate during the period that you have not held a valid licence that you have maintained your legal knowledge and/or occupational experience. CLC Ongoing Competency Requirements HERE. You will be asked to provide a copy of your most recent training record and course certificates detailing the types of activities that you have completed to keep your occupational and professional skills up to date, such as:

a.         commercial CPD/Ongoing Competency activities; and

b.         employer led in-house training sessions; and

c.         CLC webinars.                                              

When a period of more than 2 years has lapsed since a suspension or disqualification was applied, you will also need to demonstrate that you continue to meet the CLC’s licensing and professional standards by having successfully passed one of the following units on the SQA qualifications framework:

  1. The SQA Level 6 Diploma Conveyancing Law and Practice – Unit: Conveyancing Law and Practice
  2. The SQA Level 6 Diploma Probate Law and Practice – 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.

General FAQs HERE

Please note, that applying for a licence after a period of suspension or disqualification is considered a complex application. Therefore, the standard application timescale does not apply. We will of course endeavour to process applications as swiftly as possible. You can help us in this by ensuring that you have satisfactorily completed ALL the pre-condition formalities before submitting your application.

FEES

Reapplication fee £150.00. Please note in complex cases with adverse findings the CLC reserves the right to charge £80.00 per hour