Conveyancing Quality Scheme Guidance Notes Re-accreditation Application Form Annual Maintenance

Transcription

1 Conveyancing Quality Scheme Notes Re-accreditation Application Form Annual Maintenance Page 1 of 10

2 Contents Overall guidance... 3 Glossary of terms... 4 Section 1 - General information... 7 A - Main office details... 7 B - Residential conveyancing and remortgage work... 7 C - Professional indemnity insurance... 8 D - Financial information... 8 E - Regulatory matters and complaints... 8 Section 2 Supporting documentation...10 Page 2 of 10

3 Overall guidance 1. These guidance notes are to assist a practice applying for re-accreditation to the Conveyancing Quality Scheme (CQS). 2. The practice will have already appointed a suitable person to be their senior responsible officer (SRO). This person will be accountable to the Law Society and required to ensure that the practice complies with the scheme rules and declaration already signed by the practice. 3. The re-accreditation form is to be completed by the SRO. It is the SRO s responsibility to complete the form and submit it with the required supporting documentation. 4. Please answer all questions and complete all the relevant boxes. You may find it helpful to refer to the glossary of terms. If your answer to any question exceeds the space available or no space is given, continue on a separate sheet clearly marking the question number to which your comments relate. 5. Emboldened words (apart from document headings and advisory notes) are defined in the glossary of terms which follows and will carry the meaning set out therein. 6. The re-accreditation application form is designed to be completed electronically in Microsoft Word (1997 and later). Please answer all relevant questions and use the 'tab' key to progress through the form. Answers require a combination of typed answers, choosing an option from a drop-down menu or check box confirmation. You are also required to provide separate supporting documentation, which must be submitted along with this completed application form. 7. References to statutes, legislation and regulations include any subsequent statute, legislation or regulation directly or indirectly amending, consolidating, extending, replacing or re-enacting that statute or regulation and to all orders, directions and notices made or served under them If any development affecting your practice after submission of this form would affect the answers given by you on this form (whether in relation to complaints, claims, regulatory matters or otherwise), you must notify the Accreditation Office of the development as soon as possible and, in any event, within 14 days of the change or the decision to make the change, whichever is earlier. The SRO must advise the Law Society of any relevant persons that leave and/or join the member practice within 30 days from and including the date on which the individual has ended or started their employment with the member practice. s? We cannot process your application if any relevant data or documentation is missing from your application form. If you are unable to resolve your query using information provided in the guidance notes, please contact us: Tel: [email protected] Page 3 of 10

4 Glossary of Terms Accounts staff Term Accreditation office Alternative business structure (ABS) Client service charter Compliance officer for legal practice (COLP) Compliance officer for finance and administration (COFA) Conveyancing Quality Scheme (CQS) CPD Core practice management standards Glossary of terms Head of conveyancing Key support staff Licensed conveyancer Legal Disciplinary Partnership (LDP) Limited Liability Partnership (LLP) Locum Definition All staff in your accounts department, whether full or parttime and whether qualified or not. The Law Society Office that will deal with CQS applications. An alternative business structure that is licensed by the SRA pursuant to its Practice Framework Rules The charter that sets out the client service standards to which member practices must adhere, which is published at A compliance officer required by the SRA Authorisation Rules A compliance officer required by the SRA authorisation Rules The Law Society s quality standard for residential conveyancing practices as set out in the scheme rules. Continuing professional development. Those standards set out in the document published at The glossary of terms contained within these guidance notes. A qualified conveyancer who is the head of conveyancing work conducted at the practice. Any person who is not a qualified conveyancer or nonqualified conveyancer involved in residential conveyancing at the practice including any person involved in financial procedures relating to residential conveyancing. This may include, but is not limited to, contact with clients, requisitioning and directing of funds or other involvement in financial procedures. A licensed conveyancer within the meaning of s11(2) Administration of Justice Act 1985 (who practises residential conveyancing) and who is regulated by the Council for Licensed Conveyancers (CLC). A recognised body a s d e f i n e d within the SRA Practice Framework Rules A recognised body a s d e f i n e d within the SRA Practice Framework Rules A person undertaking residential conveyancing work, who is temporarily employed by a practice for more than three months, within a 12 month period. Page 4 of 10

5 Term Definition Manager Member practice The Law Society conveyancing protocol Non-qualified conveyancer Practice A partner in a partnership, a member in an LLP, or a director in a company. Practices which have attained membership of the CQS. The Law Society's guide to best practice in residential conveyancing transactions of freehold and leasehold property. A person conducting residential conveyancing at the practice who is not a qualified conveyancer. For the avoidance of doubt particular reference is drawn to s12-19 of the Legal Services Act (2007). A practice regulated by the SRA, including any SRA regulated partnership, company, sole practitioner, Limited Liability Partnership ('LLP') recognised under section 9 of the Administration of Justice Act 1985, and Legal Disciplinary Partnership ('LDP') recognised under section 9A of the Administration of Justice Act Practice rules Solicitors Code of Conduct Qualified conveyancer Regulatory matter Relevant person Relevant member of staff Residential conveyancing Residential conveyancing experience Scheme rules Senior responsible officer (SRO) A solicitor or fellow of the Chartered Institute of Legal Executives who practises residential conveyancing or (but in each case only if they are employed by or practise within a practice) a licensed conveyancer or a duly certified notary public who practises residential conveyancing. Particular reference is drawn to s12-19 of the Legal Services Act (2007). Any investigation or supervision by a regulator (whether concluded or not) irrespective of its outcome. All persons who are managers, qualified conveyancers, non-qualified conveyancers, key support staff, accounts staff and locums within a practice. All persons who are managers, qualified conveyancers, non-qualified conveyancers and locums. The process by which residential properties in England and Wales (whether freehold or leasehold) are legally transferred between parties (to exclude re-mortgages). To have been in practice (not necessarily private practice) for a minimum of three continuous years practising residential conveyancing. The document setting out the framework of CQS including its objectives, benefits and the eligibility criteria. A senior manager in the practice or the sole practitioner who will be the nominated responsible person accountable to the Law Society on behalf of the practice under CQS. Page 5 of 10

6 Term Definition Regulatory complaints Sole practitioner SRA Any complaint received which is and being investigated or has been investigated by a regulator irrespective of outcome. A recognised sole practitioner pursuant to the Authorisation Rules Solicitors Regulation Authority. Page 6 of 10

7 Section 1 General information A. Main Office Details 5 In this section, please confirm whether there have been any changes to relevant persons within your practice in the last 12 months which have not been notified to the Accreditation Office. B. General Information 6 Please give figures for completed transactions only for your last accounting period of 12 months or period of 12 months trading. These figures should not include abortive sales and purchases. For a definition of what is classified as a sale or purchase of residential property please see the definition of Residential Conveyancing in the Glossary. The figures should be based on accounts/financial information. If you provide estimated figures please make this clear and explain why actual figures are not available and on what information any estimates have been based Please make sure that you answer all sections of this question. If you are unable to provide figures for this question then you must provide a full explanation as to why this is. 7 8 Gross fees should include all professional fees of the practice including remuneration, retained commission and income of any sort whatsoever but excluding disbursements, VAT and interest. If you are unable to provide figures for this question then you must provide a full explanation as to why this is. Please note that this question only concerns referrals that relate to or impact on the Residential Conveyancing work undertaken at a practice. If the answer to this question is yes, please provide the following details in respect of each introducer and/or arrangement. - The name of the organisation or individual with whom your practice has/will have an arrangement for introducing work; - The date of commencement of the agreement, if known; - The percentage of the practice s turnover arising during your last financial year from your arrangements with each introducer; Page 7 of 10

8 - The total sum or details of any other consideration which the practice has paid or given to the introducer during the practice s last accounting period. C. Professional Indemnity Insurance 9 You will need to provide the relevant claims and notification summary from your insurer if you have notified your insurer of any claims amounting to an aggregate of over 100,000 since your last accreditation assessment. You will also need to consider the last five years, and provide up to date claims and notification summaries for any claims that were open at your last accreditation assessment date and which exceed an aggregate of 100,000. Please highlight all Residential Conveyancing claims on your claims and notifications summary. All claims recorded on your claims history must include the status of the claim i.e. whether it is open or closed. It should also include any reserve amounts, information on claims and/or costs paid out, an indication of the area of law the claim relates to and whether it is a claim or notification. D. Financial Information 10 If the practice has notified the SRA of any material breaches arising from its accountant's report since its last application for accreditation, it must provide full details and provide copies of relevant reports. If the nature of the qualification is not clear from the report please provide additional information. E. Regulatory Matters and Complaints 12 Please provide full details of all regulatory matters affecting the practice, its managers, staff or consultants (past or present) since the practice last Page 8 of 10

9 submitted its CQS application form, including copies of relevant correspondence. This does not relate solely to Residential Conveyancing. Relationship management is the SRA's name for supervision under Outcomes Focused Regulation. Remember to notify the Accreditation Office of any matters that come to light after the completion of the form. In relation to visits by the Supervision and Relationship Management Unit, please provide a copy of the letter sent by the SRA following the visit. This question also includes matters where the practice or its compliance officers are required to inform the SRA of a regulatory breach. Any matters not disclosed here that come to the attention of the Accreditation Office that were subsisting at the time that the application was submitted may be grounds for the practice s application to be rejected or the practice s membership of the scheme to be revoked. Any misrepresentations made in the application form may be referred to the SRA. 13 Please include details of all complaints relating to Residential Conveyancing that have been dealt with through the practice s complaints procedure as required under the Core Practice Management Standards. This is consistent with the SRA s definition of first tier complaints on its website. Please also include details of complaints relating to Residential Conveyancing that have been referred to the SRA and/or the Legal Ombudsman. Any matters not disclosed here that come to the attention of the Accreditation Office that were subsisting at the time that the application was submitted may be grounds for the Practice s application to be rejected or the Practice s membership of the Scheme to be revoked. Any misrepresentations made in the application form may be referred to the SRA. 14 Significant changes to structure may include: - changes to the constitution of the practice - merger/demerger - significant increase or decrease in relevant persons Significant changes to method of work may include: - changes to supervision arrangements - changes to the persons authorised to sign a Certificate of Title Page 9 of 10

10 Section 2: Supporting documentation Enclosing relevant documentation with your application This section requires you to confirm that you have enclosed all relevant documentation with your application. In relation to the practice's professional indemnity insurance claims summary, this document must come from your insurer or broker and be clearly marked as such. It should be dated and include the name of the practice and the policy year(s) to which it relates. Each relevant member of staff will also need to confirm that they have completed the CQS mandatory training. How to contact us If you have any queries, please do not hesitate to contact the Accreditation Office. You can contact us at or Page 10 of 10