LEGAL PRACTICE COURSE REGULATIONS: FULL TIME STAGE 2

Transcription

1 LEGAL PRACTICE COURSE REGULATIONS: FULL TIME STAGE 2 MANCHESTER METROPOLITAN UNIVERSITY A. Principles Governing the Regulations These Regulations are governed by the requirements of the Solicitors Regulation Authority (SRA) and Manchester Metropolitan University s Assessment Regulations for Taught Postgraduate Programmes of Study as amended from time to time (MMU Regulations). Where there is a conflict between the requirements of the SRA and the MMU Regulations the requirements of the SRA shall take precedence. The process of assessment on the Legal Practice Course is informed by the same principles that inform the University wide approach to assessment. In order to ensure that the specific requirements of the Legal Practice Course align with the general University framework the regulations follow as closely as possible the order and number of the MMU regulations. Where these Regulations are silent on an issue, that issue will be dealt with under the MMU regulations provided that these accord with the requirements of the SRA. B. Definition of terms These Regulations adopt the definitions given in the MMU Regulations. In addition, in these Regulations the following defined terms have the following meanings: "Academic Board" Advanced Standing "Assessed Work" "Assessment Unit" "Board" means the Academic Board constituted by the University under its statutes; means entrance on to a programme at the University with credit having been given for prior experience or learning; means any assessment Unit, to be submitted by a student under the Scheme of Assessment set out in Regulation E1 in these Regulations; means an assessment of Course Skills or Wills & Administration of Estates which leads to the assessment of a student as competent/not yet competent in that area means the Board of Examiners of the Legal Practice Course as defined in Section K of these Regulations; Compensation means the exercise of a discretion in the application of assessment regulations, whereby an assessment is failed but is brought up to the pass mark as a result of

2 the student receiving marks from another assessment that they have passed; Condonation "Core Practice Areas" "Course" "Course Committee" means the exercise of a discretion in the application of assessment regulations, whereby an assessment is passed although the required mark or grade has not been achieved; means the subjects of Business Law and Practice, Property Law and Practice and Litigation; means the Postgraduate Diploma in Legal Practice Course; means the Legal Practice Course Committee; "Course Participation" means attendance in accordance with Regulation E.4 in these Regulations and participation in such elements of the Course as directed by one or more of the Internal or External Examiners; "Course Skill(s)" means i) Practical Legal Research, ii) Advocacy, iii) Interviewing and Advising, iv) Drafting, v) Writing. Exceptional Factors means illness or other exceptional circumstances which may affect a students performance in an assessment; "Head of School" "Internal Examiners" "Legal Practice Course Legal Practice Outcomes means the Head of the Manchester Law School in the Faculty of Business and Law of the University; means those staff, both full and part time, associated with assessments which are the responsibility of the Board; means both stages 1 and 2 of the Legal Practice Course comprising such elements as the Solicitors Regulation Authority shall prescribe from time to time; means the outcomes that a student must have achieved at the end of the Legal Practice Course;

3 "LPC Board" "PGDLP" Resit student "Scheme of Assessment" Stage One Stage Two Student Transcript "Subject(s)" means the board established by the SRA to validate Legal Practice Courses, and which has validated the course as a course run by an approved institution; means the Postgraduate Diploma in Legal Practice awarded by the University; A student who has failed any assessment on the PGCLP or PGDLP; means the Assessed Work which a student is required to complete under Regulation E1 in these Regulations; means the compulsory stage of the Legal Practice as determined from time to time by the SRA means the elective stage of the Legal Practice as determined from time to time by the SRA; means the official record required by the SRA of the marks achieved by a student on the Legal Practice Course; means one or more of the Vocational Electives; "University" means the Manchester Metropolitan University; Vocational Elective Wills & Administration of Estates means any one of the three subjects that a student must complete in order to complete Stage Two of the Legal Practice Course; means those elements of the Legal Practice Outcomes which the SRA shall determine are dealt with under this heading. C. General Regulations C1 Application of these Regulations 1.1 These Regulations and the principles underlying them apply solely to the Postgraduate Diploma in Legal Practice (PGDLP) which corresponds to Stage Two of the Legal Practice Course. For the avoidance of doubt a separate set of Regulations apply to the Post Graduate Certificate in Legal Practice (PGCLP).

4 1.2 These Regulations shall be applied so as to ensure equity of treatment of students. C2 Period of student registration 2.1 The minimum time for which a student may be registered on a programme and gain the award to which it leads shall be not less than the minimum length specified for the programme in the programme specification except where the provisions for advanced standing apply. 2.2 The maximum period within which a student can complete both stages of the LPC is five years from the date on which the student attempted their first assessment on Stage One of the LPC, whether or not they were successful. 2.3 Students shall be required to renew their registration on the programme annually. If a student does not renew his/her registration, the registration shall lapse. A student whose registration on the programme has lapsed may be considered for re-admission to the programme, as long as the lapse in registration was not a consequence of academic failure. 2.4 A student may apply to the Chair of the Board to suspend his/her studies ( intercalate ). If the Chair of the Board considers that the reasons for the request are valid, the Chair may agree to a suspension of studies for a period of up to one year, taking account of the implications of the timing and duration of the suspension for the student s engagement with the programme and with assessment and re-assessment opportunities. C3 Eligibility for awards and granting of stage awards 3.1 Subject to the provisions of Regulation C3.2, students must pass at least two out of their three Vocational Elective assessments at MMU, in the manner set out in Section E of these Regulations, in order to gain the award of PGDLP. 3.2 Students will be permitted to take one, two or three of their Vocational Electives at MMU. Students who take only one Vocational Elective Assessment at MMU will not be entitled to the award of PGDLP unless they have successfully completed the PGCLP at MMU. 3.3 In accordance with the MMU Regulations students will only receive one award, the PGDLP, on successful completion of the programme. 3.4 Students who receive the PGDLP award shall be entitled to apply for admission to a cognate programme leading to a Masters degree.

5 D. Structure of awards D1 Organisation of the programme 1.1 The PGDLP is comprised of three ten credit units comprising three distinct Vocational Electivesbut the award of the PGDLP is subject to the provisions of section C3 above 1.2 Students will be required to complete Vocational Electives from at least two of the elective groups determined by the SRA. D2 Awards framework 3.1 All units on the PGDLP are at M level. E. Assessment, progression, re-assessment and attendance E1 Assessment 1.1 Overall Scheme of Assessment In order to be eligible for the award of the PGDLP, a student is required to complete and pass three Vocational Electives from two different elective groups. In addition they must satisfy the course participation and attendance requirements Assessment in each of the Vocational Electives shall be as follows: by one Vocational Elective Assessment of a minimum of three hours duration. The Vocational Elective Assessment may be by way of two parts which must be sat within the same period of assessment. For the purpose of determining whether a student has passed the Vocational Elective Assessment and for all other purposes under these Regulations (including reassessment) the two parts shall be treated as one Vocational Elective Assessment. In determining the mark for the Vocational Elective Assessment the marks of the two parts shall be aggregated. For the avoidance of doubt, students will therefore not have to pass each part to pass the Vocational Elective Assessment. 1.2 All assessments (including reassessments) will be based on the law in force at the time of the assessment, regardless of the law taught to the student during the course.

6 1.3 All assessment marks shall be subject to internal, and where appropriate external, moderation before final confirmation by the Board of Examiners, in accordance with the Assessment Policy. E2 Successful Completion of Assessments 2.1 To pass a Vocational Elective a student must pass the Vocational Elective Assessment for that subject To pass a Vocational Elective Assessment a student must achieve a mark of at least 50%. 2.3 Students will not entitled to a compensated or condoned pass in any assessment. E3 Re-assessment 3.1 Subject to the provisions of the MMU Regulations, the reassessment of a student shall be at the discretion of the Board. The Board shall not unreasonably withhold permission for a student to be reassessed in accordance with these Regulations. 3.2 The Board shall specify, in accordance with these Regulations, which elements of assessment must be retaken and when the reassessment shall take place. A student may be required to repeat with attendance any part of the course before reassessment. 3.3 No re-assessment shall be permitted to enable a student to improve upon a unit mark above the pass level, except where a student has been permitted under Regulation E10 to be re-assessed as if for the first time. 3.4 The maximum mark which can be obtained in any Subject on reassessment will be 50%, which will be the pass mark. 3.5 Re-assessment in a unit shall take place as soon as is reasonable and possible after the associated period of student learning. 3.6 Reassessment shall be by way of a Vocational Elective Assessment which is in the same form as the original Vocational Elective Assessment. 3.7 Students may have three attempts at any assessment. If they are unsuccessful on the third attempt, they will fail that Vocational Elective. 3.8 Subject to the provisions of Regulation E3.9 students who fall under Regulation E3.7 will be entitled to apply to reenrol on the Vocational Elective that they failed or to apply for admission on to another Vocational Elective. 3.9 Students must pass all Vocational Elective Assessments within five years of sitting their first Stage One assessment. If a student does not pass all of their Vocational Elective Assessments within this time they will fail the PGDLP and all assessments must be retaken.

7 3.10 The Student Transcript will comply with such requirements as are imposed by the SRA from time to time In sitting or submitting an assessment, students confirm that they are fit to sit or submit the assessment and they are not aware of any reasons existing at the time of sitting or submitting the assessment which may give rise to a claim under Regulation E If students do not sit all or part of an assessment, fail to submit all or part of an assessment or perform poorly in all or part of an assessment as a result of illness or other exceptional factors then the Board shall have discretion, on receipt of a claim, to disregard the attempt at that assessment in the following ways: The assessment which has been affected by illness or other exceptional factors will not count towards the three attempts referred to in Regulation E The assessment which has been affected by illness or other exceptional factors will be disregarded for the purposes of the information recorded on the Student Transcript The mark for the assessment which has been affected by illness or other exceptional factors will not be capped in accordance with Regulation E3.4 unless the student was sitting a reassessment. For the avoidance of doubt, where subjects are examined by means of a combined assessment, each subject that forms part of such combined assessment is deemed to be a separate assessment for the purposes of this Regulation E Students who fall under Regulation E3.12 will sit the relevant assessment again. No student will have their marks raised by the Board as a result of the operation of Regulation E Students will only be able to benefit from the provisions of Regulation E3.11 if the illness or other exceptional factors relied upon was found to be valid by the Board on production of acceptable evidence In the event that students sit or submit assessments and subsequently seek to take advantage of Regulation E3.12, the Board must be satisfied that the judgement of the student in deciding to sit or submit the assessment was so impaired that, in the opinion of the Board, the student was not capable of making that decision The Board may appoint a subsidiary examination committee to consider applications from students under Regulation E3.12. Such a committee will be subject to the same provisions as to confidentiality and anonymity of students as the Board.

8 3.17 Any subsidiary examination committee appointed under Regulation E3.16 will have the authority to make recommendations only to the Board. E4 Attendance 4.1 Student attendance on the programme will be monitored. 4.2 Attendance at all timetabled sessions and any other Course component is compulsory unless permission for absence is obtained from the Course leader or his/her designated officer. 4.3 A student may request permission under Regulation E4.2 by submitting a request in writing supported by independent evidence. In cases where permission is granted, the student shall be required to undertake and/or complete any or all work affected by the absence. 4.4 It shall be the responsibility of the student to meet the compulsory attendance requirements specified in the regulations. A student is not eligible for assessment if his/her attendance in accordance with Regulation E4.2 is decided by the Chair of the Board to be unsatisfactory, and that decision is ratified by the Board. 4.5 Where a student is persistently and/or substantially absent from compulsory attendance requirements without good cause and/or without permission, he/she may be recommended for expulsion for academic reasons. F. Awards F1 Award of Final Award of Postgraduate Diploma in Legal Practice 1.1 Subject to the provisions of Regulation C3.2, the PGDLP may be awarded at pass level, with Merit, or with Distinction. 1.2 For an award to be made at pass level, a student must pass all of the assessments for 3 Vocational Electives and have passed all assessments required for Stage 1 of the LPC. 1.3 For a student to be awarded the PGDLP with Merit, they must: pass all of the assessments referred to in Regulation F1.2 at the first attempt; and gain an overall average of 60%, with not less than 50% in any of the assessments referred to in Regulation F A student will be awarded the PGDLP with Merit if they have satisfied the conditions set out in Regulation F1.3 except that she/he has been assessed in one of the Assessment Units for Course Skills and Wills & Administration of Estates at the second attempt. 1.5 For a student to be awarded the PGDLP with Distinction a student must

9 1.5.1 pass all of the assessments referred to in Regulation F1.2 at the first attempt; and gain an overall average of 70%, with not less than 60% in any of the assessments referred to in Regulation F1.2 F2 General provisions relating to awards where there are factors affecting performance in assessments 2.1 In order to be awarded the PGDLP a student will have to sit and pass all the assessments referred to in Regulation F In keeping with Regulation E3.13 there shall be no provision for the Board to make an Aegrotat award or any other such award given to students where they have not successfully completed all the assessments referred to in Regulation F1.2. F3 Advanced Standing 3.1 Students will only be eligible for the award of PGDLP if they have successfully completed Stage 1 of the LPC. 3.2 Students who have successfully completed the PGCLP at MMU will be admitted on to the PGDLP with Advanced Standing Students who have successfully completed all assessments on Stage 1 of the LPC will be admitted on to the PGDLP with Advanced Standing 3.4 Students who do not satisfy either Regulation F3.2 or Regulation F3.3 will not be eligible for the award of PGDLP. 3.5 Students who complete one Vocational Elective at another institution will be entitled to the award of the PGDLP. 3.6 Students who complete two Vocational Electives at another institution will only be entitled to the award of the PGDLP if they satisfy Regulation C It is the responsibility of students who have completed part of their LPC at another institution to provide the necessary evidence of their eligibility for the award of the PGDLP and the marks that they received at that other institution. G. Rules for the conduct of assessment and re-assessment G1 General 1.1 The Rules for the conduct of assessment and re-assessment set out in the MMU Regulations shall be adopted without amendment. 1.2 If a student is found guilty of academic misconduct under the MMU Regulations this shall be reported to the appropriate officer at the SRA.

10 H. Cancellation of registration, exclusion from a programme on the grounds of professional unsuitability, and expulsion for academic reasons H1 Cancellation of registration 1.1 The Rules for the Cancellation of registration, exclusion from a programme on the grounds of professional unsuitability, and expulsion for academic reasons set out in the MMU Regulations shall be adopted subject to the Regulation H1.2 of these Regulations. 1.2 Students who have their registration cancelled under section H1 of the MMU Regulations or who are expelled for academic reasons under the MMU Regulations shall not be entitled to another award. I. Academic appeals ( The Review Procedure ) 1.1 The system for academic appeals ( The Review Procedure ) set out in MMU Regulations shall be adopted without amendment. J. External Examiners 1.1 In addition to the duties to MMU, external examiners appointed to the Legal Practice course shall be subject to the SRA requirements in force from time to time. K. The Board of Examiners K1 General 1.1 Except as provided for by the Academic Board in its Regulations for the Review of Decisions of Boards of Examiners or by the SRA no other person or body shall have the authority to amend a properly reached decision of a Board in respect of a student s assessment and/or award. 1.2 The Academic Board may in accordance with its Procedure for the Review of Decisions of Boards of Examiners require a Board to reconsider any or all of its decisions in respect of its assessment of students. 1.3 If the outcome of a case considered under the Review Procedure is that the Academic Board is satisfied on the basis of evidence considered by it that a material irregularity or administrative error has occurred or that the assessment of students was not conducted in accordance with these and other relevant Regulations then it may require the relevant Board to reconsider any or all of the decisions made in respect of affected candidates. 1.4 In circumstances which it considers appropriate, the Academic Board may annul any or all associated decisions of the relevant Board and/or

11 K2 annul the assessments or any part thereof and take any action which it considers necessary. Constitution 2.1 The Board is constituted under the authority of the Academic Board of the University. 2.2 The Vice-Chancellor, and the Registrar shall have the right to attend and address any meeting of any Board of the University. 2.3 The Chairperson of a Board shall be either the Head of Department (or equivalent) or the Dean of faculty to which the programme is assigned. 2.4 Heads/Deans may appoint a senior member of their academic staff, other than the Programme Leader, to be the designated Deputy Chairperson who will be empowered to act in the Chairperson s absence. 2.5 The Course Director and/or the Principal Lecturer responsible for the course shall not under any circumstances chair the Board The Head of Faculty SAS shall act as Secretary to the Board of Examiners and shall, subject to the guidance of the Registrar, be responsible for advising the Board on all procedural matters including the interpretation of these Regulations. 2.7 The Head of Faculty SAS may assign senior administrative staff to serve Boards of Examiners on their behalf and shall ensure that such staff are adequately qualified and trained to do so. K3 Composition 3.1 The Board shall comprise: The Head of School The Dean of Faculty, ex-officio; The Course Director and/or the Principal Lecturer responsible for the course; The Course Leader; Internal Examiners Such other co-opted members as the Board may consider it appropriate to co-opt for a specific purpose external examiners 3.2 No student shall be a member of the Board or attend an examiners meeting other than as a candidate for assessment. If, however, a person who is otherwise qualified to be an examiner for a

12 course (for example, as a member of staff or as an appointed external examiner) is registered as a student on another course, that shall not in itself disqualify that person from carrying out normal examining commitments. K4 Responsibilities 4.1 The Board shall be responsible to the Academic Board for all the assessments that contribute to the granting of the PGDLP and for recommending the granting of the PGDLP to candidates who it is satisfied have fulfilled the objectives of the programme of study, demonstrated fulfilment of the associated learning outcomes and achieved the required standard. 4.2 In exercising its responsibilities, the Board has the discretion, subject to the provision of these and other relevant Regulations, to reach such a decision in respect of a student s assessment(s) and award as it may deem appropriate having regard for the need to ensure that justice is done to individual students and that the standards of the PGDLP are maintained. K5 Functions 5.1 The Board s functions shall include: recommending the conferment of an award upon a student who, in the judgement of the Board, has fulfilled the objectives of the PGDLP, demonstrated fulfilment of the associated learning outcomes and achieved the standard required for the award; determining the award, including the level of the award where applicable, to be recommended under Regulation K5.1.1; applying all relevant examination and assessment Regulations to the course; considering, moderating and approving examination papers, and marking schemes, if any, for all assessed examinations relating to the course; considering and approving any Assessed Work which forms part of the scheme of assessment; assessing any Assessed Work which forms part of the Scheme of Assessment; receiving and considering any communication relevant to its functions;

13 5.1.8 reporting matters of policy and significance to the Academic Board; such other functions as the Academic Board shall determine. K6 Sub-Committees and Subsidiary Examination Committees 6.1. The Board may appoint subcommittees to deal with special aspects of its work other than the final assessment of candidates and may delegate to subcommittees such duties as preparing draft examination papers and assignments, marking scripts, assessing course work and preparing evidence for presentation to the Board subject to the overriding authority of the Board of and the rights and responsibilities of individual examiners. 6.2 The Board may appoint subsidiary examination committees. Such subsidiary examination committees may not make decisions on behalf of the Board but shall make such recommendations as they may consider appropriate to the Board. K7 Operation of the Board and Subsidiary Examination Committees 7.1 All proceedings of the Board and any subsidiary examination committees shall be confidential 7.2 All proceedings of the Board and any subsidiary examination committees shall be conducted in a manner which preserves the anonymity of the students K8 Duties 8.1 The duties of the Chairperson of the Board shall include convening meetings, corresponding and communicating with External Examiners between meetings and accepting responsibility for the correct recording of decisions and recommendations of the Board. 8.2 The duties of the Internal Examiners shall include preparation of draft examination papers, assessment schemes, marking scripts, drawing up and presenting to the Board such reports as may be required and attending meetings of the Board. L. Assessment Arrangements 1.1 The Board appoints the Head of School to decide the dates of subject assessments and Assessment Units, the deadlines for Assessment Units to be submitted, and all administrative arrangements for Subject Assessments and Assessment Units or for any assessment generally, in the absence of any contrary date or deadline or other arrangement being decided by the Board.

14 1.2 The Head of School may approve relevant materials which students may be permitted to take into an examination. M. Conditions of Enrolment Students are enrolled on the Course subject to the conditions below: 1.1 That the fees for the Course have been paid by them or on their behalf, or the University has agreed to accept payment by way of instalments and the first instalment has been paid; 1.2 That they agree to these Regulations; 1.3 That they have a sufficient command of written and spoken English to follow the Course as determined by the Board.