Making an application to the CLC for a Licence or Authorisation.
CLC Licence applications include all first qualifying licence, and dual/cross licence applications (Solicitors and CILEX Practitioners only) to become a Licensed Conveyancer and/or Licensed Probate Practitioner. CLC Authorisations include applications to become a HoLP, HoFA and Registered Manager of a CLC regulated practice. More about how the CLC applies its regulatory frameworks can be found in the CLC Lawyer Licensing Framework. Separate requirements apply for CLC lawyers applying after a licence has expired, or following a period of suspension or disqualification.
Item 1: Demonstrating eligibility to make an application:
Prospective applicants that have not held a CLC licence before, must satisfy the CLC they have:
1 (A) passed the CLC’s qualifying examination. This comprises of the SQA Conveyancing Law and Probate Law and Practice Diplomas at Level 4 and Level 6. Or CLC recognised equivalent professional qualification as prescribed inthe Exemptions Guidance; and in respect of HoLP and HoFA applications, Ongoing Competency pre-application Requirements.
Please ensure ALL certificate and transcript pages uploaded have been certified following the guidelines outlined here.
1 (B) Completed the CLC Practical Training requirements., as prescribed in the Statement of Practical Experience for Conveyancing and/or Probate.
Prospective applicants will be asked to submit evidence of the above. When any one of these criteria has not been met, prospective applicants will receive one opportunity to provide missing or revised information. Which must be provided to the CLC within 14 days of the request. Absence of satisfactory evidence ( 1(A) and 1(B)) is a material omission to an application and the CLC will treat the application as incomplete.
Prospective applicants that have not held a CLC licence before, must satisfy the CLC that they are:
1 (C) a fit and proper person to practise as a CLC lawyer (see item 8.22 of the Licensed Body (ABS) Licensing Framework for an overview of the type of factors taken into account when applying the fit and proper test); comprising identity, financial, sanctions and criminality screening checks. and regulatory and disciplinary checks. More information about the types of checks carried out is in the CLC Guidance for Applicants.
The CLC uses the screening agent Giant to carry out the checks in category 1 (C ). Prospective applicants will be invoiced by the CLC for the fees charged by Giant to complete the checks. Fees must be paid within 10 working days. Applicants should also be on notice to receive and promptly respond to any information requests received from Giant. Not responding within 10 working days will invalidate the eligibility tests.
Where adverse information is reported in a Giant report the CLC will request from the prospective applicant additional documents such as, DBS Certificates, IVA and CVA and Bankruptcy Supervisor reports, Court findings, and employment tribunal records. The CLC reserves the right to make enquiries to any bodies and agencies that it considers appropriate to validate a prospective applicant is Fit and Proper.
Adverse findings that have not been declared to the CLC in 1(C ) will be treated as a material omission to an application and will render the prospective application incomplete. The application will not progress to Application Acceptance and Determination.
Unless there are exceptional circumstances the CLC will not be satisfied that the individual is a fit and proper person and will refuse the candidate if they have:
- convictions for offences involving dishonesty; or deceived or sought to deceive others, e.g. academic authorities, employers or members of the public; or
- repeatedly failed in their Duty to the Court and have unsettled County Court Judgements (CCJs), or other Court Judgements against them,
- failed to disclose to the CLC where they have been the subject of :
- criminal, employment and regulatory investigations, allegations and findings; or
- financial sanctions such as CCJs, IVs, CVS and bankruptcy.
The CLC will treat a Licence application as having been made on the day on which the applicant has complied fully and finally with Items 1A, 1B and 1C.
The CLC will email applicant confirming its acceptance of the application and will then invoice applicants for the application administration fee. Fees should be paid in 14 days of receipt of the invoice.
We will notify all applicants of our licence determination within 42 days of receiving a complete application. If, because of the complex nature of the application or because we require additional information, additional time is needed to make the determination we will notify applicants of this before the end of the original 42-day determination period. We will inform applicants of the reasons for the extension, and its additional period, which will not exceed a further 42 days The CLC will not routinely contact applicants in the 42-day determination period. Applicants that are not contacted in this time should consider that their application is progressing satisfactorily.
Granting an application.
The CLC notifies applicants of their licensing decision by email. When a licence is granted the CLC will invoice for the annual licence fee payable. The invoice will be calculated from the first day of the calendar month. The licence will be issued and dated within 5 working days after payment has been received. The fees payable are those prescribed by the CLC’s Fees Framework.
Refusing an application.
In any case where it decides to issue a Licence subject to conditions, to refuse an application for a Licence or to refuse an application for the removal or amendment of a condition on a Licence the CLC will notify the individual of the refusal of the application and of the grounds on which it has been refused.
Where a determination has been made under requirement 2, 4, 5 or 19, of the CLC lawyer Licensing Framework, the applicant/ CLC lawyer may within one month of publication of the CLC’s determination appeal to the Adjudication Panel (AP Rules) under section 29 (Appeals from decisions of Council in relation to licences) of the AJA 1985.
If an application is deemed to have been refused as provided under requirement 17, the individual may within one month of the deemed refusal, appeal to the Adjudication Panel (AP Rules) under section 29 (Appeals from decisions of Council in relation to licences) of the AJA 1985.
More information about How to Appeal
