Following LawWorks seeking clarification from the Solicitors Regulation Authority (SRA) on Regulation 9.8 Authorisation of Individuals Regulations (AIR), the SRA has issued new guidance on its website.
The guidance states that Reg. 9.8 AIR permits not-for-profit organisations, such as legal advice clinics (as well as clinics’ solicitor volunteers), to provide all pro bono legal services in connection with Claims Management Activities (see articles 89G-89M). Claims Management Activities (CMA) includes employment, housing and some limited welfare benefits legal services, services which are dual regulated by the Financial Conduct Authority (FCA) and SRA (i.e., by virtue of its regulation of legal services generally).
On its face Regulation 9.8 appeared to require clinics to either obtain FCA permission or submit to SRA regulation in order to supply CMA legal services to the public. The guidance, therefore, restores employment, housing and certain welfare benefits law to the roster of services provided by clinics by ensuring that clinics retain their unregulated status in respect of them.