England and Wales · Solicitors discipline
When must the Society respond to an SDT section 43 review?
The Society. Within 28 days of service. Send a Statement to the Tribunal explaining the facts and matters relied upon for the section 43(2) order. Complete by 4.30 PM Europe/London on the operative Tribunal date, subject to the actual method and any direction. Rule 19(3) imposes the Society’s response duty in a review of an employment-control order. This period does not restrict the affected person’s initial review application. Actual service under the Tribunal’s rules must be established. A different procedural direction requires separate treatment.
- Period
- Within 28 days of service.
- Trigger
- Effective service of the section 43(3)(a) review application on the Society
- Rule
- Solicitors (Disciplinary Proceedings) Rules 2019, r.19(3)
Current Solicitors (Disciplinary Proceedings) Rules 2019, r.19(3). Rule 19(3) imposes the Society’s response duty in a review of an employment-control order. This period does not restrict the affected person’s initial review application.
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When must the Society respond to an SDT section 43 review?
The Society. Within 28 days of service. Send a Statement to the Tribunal explaining the facts and matters relied upon for the section 43(2) order. Complete by 4.30 PM Europe/London on the operative Tribunal date, subject to the actual method and any direction. Rule 19(3) imposes the Society’s response duty in a review of an employment-control order. This period does not restrict the affected person’s initial review application. Actual service under the Tribunal’s rules must be established. A different procedural direction requires separate treatment.
Responsible actor. The Society.
Effective service of the section 43(3)(a) review application on the Society
Actual service under the Tribunal’s rules must be established. A different procedural direction requires separate treatment.
Rule 19(3) imposes the Society’s response duty in a review of an employment-control order. This period does not restrict the affected person’s initial review application.
Solicitors (Disciplinary Proceedings) Rules 2019, r.19(3)How does this provision count time?
- Count calendar days. Exclude the established event day for an after-event period. For a hearing-based period, subtract the specified number of days from the actual fixed hearing date.
- Rule 47(2) carries an act ending on a non-business day to the next England and Wales business day. Rule 47(1) requires completion by 4.30PM unless directed otherwise, subject to rule 45.
Count calendar days. Exclude the established event day for an after-event period. For a hearing-based period, subtract the specified number of days from the actual fixed hearing date.
Rule 47(2) carries an act ending on a non-business day to the next England and Wales business day. Rule 47(1) requires completion by 4.30 PM unless directed otherwise, subject to rule 45.
Solicitors (Disciplinary Proceedings) Rules 2019, r.19(3)What do independently checked examples show?
Fictitious example
Fictitious the society. Effective service of the section 43(3)(a) review application on the Society on Tuesday, October 13, 2026. The applicable ordinary procedural conditions are established. No contrary direction applies.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious the society. Effective service of the section 43(3)(a) review application on the Society on Tuesday, October 13, 2026. The applicable ordinary procedural conditions are established. No contrary direction applies. Count calendar days. Exclude the established event day for an after-event period. For a hearing-based period, subtract the specified number of days from the actual fixed hearing date. Rule 47(2) carries an act ending on a non-business day to the next England and Wales business day. Rule 47(1) requires completion by 4.30 PM unless directed otherwise, subject to rule 45. | November 10, 2026 by 4.30PM Europe/London. Actual instant 2026-11-10T16:30:00.000Z. |
| Example 2. Closed-day boundary | Fictitious the society. Effective service of the section 43(3)(a) review application on the Society on Monday, November 30, 2026. The applicable ordinary procedural conditions are established. No contrary direction applies. Count calendar days. Exclude the established event day for an after-event period. For a hearing-based period, subtract the specified number of days from the actual fixed hearing date. Rule 47(2) carries an act ending on a non-business day to the next England and Wales business day. Rule 47(1) requires completion by 4.30 PM unless directed otherwise, subject to rule 45. | December 29, 2026 by 4.30PM Europe/London. Actual instant 2026-12-29T16:30:00.000Z. |
| Example 3. Material procedural branch | Fictitious the society. Effective service of the section 43(3)(a) review application on the Society on Tuesday, October 13, 2026. The ordinary requirement that society is respondent to section43 review is not established. No contrary direction applies. Count calendar days. Exclude the established event day for an after-event period. For a hearing-based period, subtract the specified number of days from the actual fixed hearing date. Rule 47(2) carries an act ending on a non-business day to the next England and Wales business day. Rule 47(1) requires completion by 4.30 PM unless directed otherwise, subject to rule 45. | The actual facts do not establish this selected source procedure. Review the operative branch before computing. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Applicable procedure
- Rule 19(3) imposes the Society’s response duty in a review of an employment-control order. This period does not restrict the affected person’s initial review application.
- Actual event
- Effective service of the section 43(3)(a) review application on the Society. Send a Statement to the Tribunal explaining the facts and matters relied upon for the section 43(2) order
- Material qualification
- Actual service under the Tribunal’s rules must be established. A different procedural direction requires separate treatment.
- Counting and completion
- Count calendar days. Exclude the established event day for an after-event period. For a hearing-based period, subtract the specified number of days from the actual fixed hearing date. Rule 47(2) carries an act ending on a non-business day to the next England and Wales business day. Rule 47(1) requires completion by 4.30PM unless directed otherwise, subject to rule 45.
- Rule 19(3) imposes the Society’s response duty in a review of an employment-control order. This period does not restrict the affected person’s initial review application.
- Actual service under the Tribunal’s rules must be established. A different procedural direction requires separate treatment. The selected act is send a Statement to the Tribunal explaining the facts and matters relied upon for the section 43(2) order.
What must the responsible actor complete?
Questions about this procedure
When must the Society respond to an SDT section 43 review?
Whose 28-day duty is this?
It is the Society’s duty to send its Statement after service of the review application. It is not a 28-day limit on requesting the review.
Solicitors (Disciplinary Proceedings) Rules 2019, r.19(3)Does an informal complaint start time?
No. Establish service of the application under section 43(3)(a), made on the prescribed form with a supporting Statement.
Solicitors (Disciplinary Proceedings) Rules 2019, r.19(3)What must the Society explain?
The Statement must set out the facts and matters on which the Society relied when making the section 43(2) order.
Solicitors (Disciplinary Proceedings) Rules 2019, r.19(3)Is a section 43 order a suspension of a solicitor?
This review concerns an order controlling employment or remuneration of a person under section 43. Identify the actual order rather than using a solicitor’s suspension route.
Solicitors (Disciplinary Proceedings) Rules 2019, r.19(3)Can service and receipt have different dates?
Yes. Rule 45 supplies deemed service rules for supported United Kingdom methods. Do not replace effective service with an assumed receipt date.
Solicitors (Disciplinary Proceedings) Rules 2019, r.45Does the absence of an automatic sanction remove the duty?
No. Rule 19(3) says the Society must send the Statement within the period. Case management and consequences remain separate questions.
Solicitors (Disciplinary Proceedings) Rules 2019, r.19(3)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Solicitors (Disciplinary Proceedings) Rules 2019, r.19(3) | Check the identified procedure, event, counting rule or qualification |
| Solicitors (Disciplinary Proceedings) Rules 2019, rr.3 and 47 | Check the identified procedure, event, counting rule or qualification |
| Solicitors (Disciplinary Proceedings) Rules 2019, r.19(3); rr.3,45 and47 | Check the identified procedure, event, counting rule or qualification |
| Solicitors (Disciplinary Proceedings) Rules 2019, r.45 | Check the identified procedure, event, counting rule or qualification |