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 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:
- 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.
- 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. In cases where adverse results are returned we will ask applicants to provide a copy of the DBS certificate;
- a current CV as evidence of your recent employment activities, which should accompanied by a supporting statement from your current employer;
- Written confirmation from your current employer that they are fully aware of the nature and extent of the disciplinary event (pending or outcomes); and
- employment references, the CLC will seek to obtain references from past or most recent employers.
- where the applicant held a positon 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.
It is important that before you contact us to reapply (after a period of disqualification) that you establish when you last held a current and valid licence and have completed and/or obtained the required evidence relevant to the time that has lapsed since you held a valid licence.
Requirements 1 to 3 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 reapply for a 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 reapply for a Conveyancing Licence: The SQA Level 6 Diploma – Unit: Conveyancing Law and Practice
- To reapply for 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 reapply for a 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;
Requirement 3: My licence was suspended or I have been disqualified from holding a licence (for any period).
Q. Can I submit an application to reapply for a licence?
A. Yes, but first you will need to demonstrate that you have maintained your or occupational experience and competency.
You will be asked to complete 600 hours supervised occupational experience. You can evidence this by completing a CLC Statement of Practice Experience in Conveyancing and Probate.
FAQs
Q1. 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 CPD requirements. 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.
Q2. I haven’t been in employment whilst my licence was suspended or in the period of my disqualification; 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.
Q3. I haven’t been in conveyancing or probate employment whilst my licence was suspended or in the period of my disqualification; 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.
Q4. 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/director/member/partner/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 Hearing/decision. We will have provided you with a copy of this document in the disciplinary or hearing process and a copy is published HERE on the CLC website.
Q5. Previously I was a Director, Member, or Partner in a CLC regulated Practice and listed on the CLC’s Public Register as a Registered Manager. What licence should I apply for?
A. The CLC issues three types of licence:
- conveyancing Licences
- probate licences
- dual conveyancing and probate licences.
You should apply for which ever licence you last held. The CLC considers separately notifications from individuals that have been appointed as Directors, Members or Partners of a CLC regulated practices and that are requesting to be listed on its Public Register.
Please note: reapply for a licence after a period of 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 up to 14 hours.
