SRA Handbook

Reconsideration

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Rule 13: Reconsideration

13.1

The SRA may reconsider or rescind any decision made under these rules with the agreement of the person in respect of whom the decision was made.

13.2

In its absolute discretion the SRA may also reconsider any decision including an SRA finding, a disciplinary decision or authorisation of an application to the Tribunal when it appears that the person or panel who made the decision:

(a)

was not provided with material evidence that was available to the SRA;

(b)

was materially misled by any person;

(c)

failed to take proper account of material facts or evidence;

(d)

took into account immaterial facts or evidence;

(e)

made a material error of law;

(f)

made a decision which was otherwise irrational or procedurally unfair;

(g)

made a decision which was ultra vires; or

(h)

failed to give sufficient reasons.

13.3

The SRA, when considering the exercise of its powers under this rule, may also give directions for:

(a)

further investigations to be undertaken;

(b)

further information or explanation to be obtained from any person;

(c)

consideration of whether to authorise an application to the Tribunal;

(d)

the reconsideration of the decision to be undertaken by the original decision maker or adjudication panel or by a different decision maker or a differently constituted adjudication panel.

13.4

Nothing in these rules requires the SRA to commence or continue with any proceedings or prospective proceedings in the Tribunal or any other court or tribunal. A duly authorised person may rescind a decision to take proceedings in the Tribunal.