LPC Assessment Regulations

1.1

Qualification as a solicitor is regulated by the Solicitors Regulation Authority and satisfactory completion of a Legal Practice Course (LPC or ‘the course’) is an essential requirement to qualify as a solicitor in England and Wales.

1.2

These Assessment Regulations envisage the delivery of the course by the University in two stages:

1.2.1

Stage 1 of the course (Stage 1) is more particularly described in the Legal Practice Course Outcomes 2007 and includes the three essential Core Practice Areas of Business Law & Practice, Property Law & Practice and Litigation, together with the Course Skills, Professional Conduct & Regulation, Solicitors Accounts, Taxation and Wills & Administration of Estates.

1.2.2

Stage 2 of the course (Stage 2) is more particularly described in the Legal Practice Course Outcomes 2007 and includes three Vocational Electives.

1.3

These Assessment Regulations do not require a student who has enrolled at the University for Stage 1 of the course to successfully complete Stage 1 of the course before attempting Stage 2 of the course at the University (subject to the provisions of these Assessment Regulations requiring successful completion of the course within a period of five years) and there is no such requirement whether express or implied however for the avoidance of doubt in the case of a student who has attempted Stage 1 of the course at a provider other than the University that student shall not be permitted to attempt Stage 2 of the course at the University unless Stage 1 of the course has been successfully completed and the student is able to produce an official student transcript from the provider evidencing successful completion of the stage.

1.4

On successful completion of Stage 1 and Stage 2 of the course as envisaged by the Legal Practice Course Outcomes 2007 students will have completed the Legal Practice Course irrespective of whether the stages have been completed at the same institution or different institutions.

1.5

These Assessment Regulations and any other requirements of the Solicitors Regulation Authority shall prevail should there be any conflict between them and the regulations of the University and any award will be subject to the Academic Regulations of the University and the assessment requirements of the Solicitors Regulation Authority (and for the avoidance of doubt any conflict in respect of assessment requirements shall be resolved in favour of the requirements of the Solicitors Regulation Authority).

2.1       

‘Referred’ or “referral’ means and refers to a Subject Assessment (as defined in 2.5 below and which includes an assessment in a Core Practice Area, a Course Skill, a Vocational Elective, Professional Conduct & Regulation or Solicitors Accounts) which is being taken again by a student after a Stage 1 or Stage 2 Final Examination Board as a result of previous defective performance. The term can be used irrespective of the number of assessments a student has to repeat, e.g. a student who has failed all three assessments in a Core Practice Area is “referred” in all three.

2.2        

“Deferred” or “deferral” means and refers to a Subject Assessment (as defined in 2.5 below and which includes an assessment in a Core Practice Area, a Course Skill, a Vocational Elective, Professional Conduct & Regulation or Solicitors Accounts) which is being taken by a student who for medical reasons or other extenuating circumstances is taking an assessment at a later date than other students, but as a “first take”. The term can be used irrespective of the number of assessments a student has to take e.g. a student who has extenuating circumstances in all three assessments in a Core Practice Area is “deferred” in all three.

2.3        

“In-course reassessment” means and refers to the opportunity or opportunities given to students to repeat an assessment in Solicitors Accounts or Course Skills during the course and before the Stage 1 Final Examination Board meets. The re-assessment will take the form of a fresh exercise of a comparable nature. Students are not permitted to resubmit the original exercise. For the avoidance of doubt:

2.3.1    

Students are not permitted to resubmit the same exercise and for it be deemed to be the first attempt.

2.3.2    

In-course reassessment is not available for assessments in the core practice areas of Business Law & Practice, Litigation, Property Law and Practice, Professional Conduct & Regulation, and the Vocational Elective Areas and is to be distinguished from an assessment that is referred or deferred.

2.4        

“Condonation” means a discretion, whether by rules or practice, to depart from the Assessment Regulations and pass an assessment, or modify the mark or grade, without it having achieved a pass mark, or having achieved that mark or grade on its merits.

2.5       

“Subject Assessment” means any of the assessments set in the Core Practice Areas of Business Law & Practice, Litigation, Property Law & Practice, Professional Conduct and Regulation, Solicitors Accounts, Taxation and Wills & Administration of Estates and the Vocational Elective Areas.

2.6        

“Compensation” means the ability to compensate a failed Subject Assessment of between 45% and 49% with a mark that exceeds 50% by as many percentage points as the failed mark falls below 50%.

2.7        

“Core Practice Area” means a subject authorised by the Solicitors Regulation Authority as a core practice area for the purposes of the Legal Practice Course Outcomes 2007 and includes the subjects of Business Law & Practice, Litigation and Property Law & Practice and “Core Practice Areas” refers to more than one core practice area.

2.8        

“Vocational Elective” means a subject authorised by the Solicitors Regulation Authority as a vocational elective for the purposes of the Legal Practice Course Outcomes 2007 and “Vocational Electives” refers to more than one vocational elective.

2.9        

“Course Skills” means the skills of Practical Legal Research, Writing, Drafting, Interviewing and Advising and Advocacy for the purposes of the Legal Practice Course Outcomes 2007 and “Course Skill” refers to any one of the Course Skills.

2.10     

“Stage 1” Stage 1 of the course is more particularly described in the Legal Practice Course Outcomes 2007 and consists of and includes the three essential core practice areas of Business Law & Practice, Property Law & Practice and Litigation, together with the Course Skills, Professional Conduct & Regulation, Solicitors Accounts, Taxation and Wills & Administration of Estates.

2.11     

“Stage 2” Stage 2 of the course is more particularly described in the Legal Practice Course Outcomes 2007 and consists of and includes three Vocational Electives.

2.12      

“External Examiners” means the external examiners appointed in respect of the course in accordance with the rules and regulations made by the Solicitors Regulation Authority. The SRA will appoint external examiners to be responsible for each of the following:

Stage 1 of the course:

• Business Law & Practice;
• Property Law & Practice;
• Litigation: Civil and criminal;
• Course Skills;
• Solicitors Accounts and Professional Conduct & Regulation;
• Taxation; and
• Wills & Administration of Estates.

An External Examiner may be allocated responsibility for more than one aspect of the course.

Stage 2 of the course:

For each Vocational Elective provided (one external examiner may have responsibility for two or more of a provider's electives)

2.13     

“Examination Board” means the Board of Examiners referred to in 4 below.

2.14      

“University” means Swansea University or any successor Institution by name or constitution.

2.15      

“Legal Practice Course Outcomes 2007” means the Legal Practice Course Outcomes 2007 Version 1 November 2007 or such other Legal Practice Course outcomes or version as may be adopted or authorised by the Solicitors Regulation Authority from time to time either by way of amendment, variation or in substitution for the 2007 outcomes.

3.1

A student is required to complete all Stage 1 assessments in order to successfully complete Stage 1 of the course in which case a student shall be entitled to a transcript showing the title of the assessment the mark gained and the number and the date of the attempt on which the student was successful. A student shall only be entitled to a transcript from the University in respect of Stage 1 of the course if that stage has been successfully completed at the University.

3.2

Stage 2 assessments may be taken with the University or a different provider or providers. If a student completes a Stage 2 assessment or assessments with the University then the student shall be entitled to a transcript showing the title of the assessment the mark gained and the number and the date of the attempt with the University on which the student was successful.

3.2.1

A student who successfully completes Stage 1 and Stage 2 of the course at the University may in the absolute discretion of the Examination Board be awarded a Postgraduate Diploma in Legal Practice from the University.

3.2.2

A student who successfully completes Stage 1 of the course at the University may in the absolute discretion of the Examination Board be awarded a Postgraduate Certificate in Legal Practice from the University.

3.2.3

A student who successfully completes Stage 2 of the course only at the University having been admitted through a nationally agreed credit transfer system following successful completion of Stage 1 of the course at another provider may in the absolute discretion of the Examination Board be awarded a Postgraduate Diploma in Legal Practice provided the student has not previously been awarded a certificate or some other award from that different provider in respect of Stage 1 of the course.

3.3

Successful completion of the course includes reaching the required standard in all of the assessments applicable to Stage 1 and Stage 2 of the course and attending timetabled sessions throughout the course in a punctual manner to the satisfaction of the Examination Board in their absolute discretion.

3.4

Condonation and Compensation shall not be permitted by the Examination Board whether in response to extenuating circumstances or otherwise in deciding whether or not a student has successfully completed the course or a Stage 1 or Stage 2 assessment.

3.5

In order to successfully complete the course and achieve an award a student must pass both Stage 1 and Stage 2 of the course within a five-year period. This requirement applies to all students and for the avoidance of doubt the date used for determining the start of the five-year period is the date on which the student attempted their first assessment (whether or not the assessment was referred or deferred as a result of extenuating circumstances) and not the date the results were confirmed or published or the date of enrolment on the course.

3.6

Subject to 3.4 above the decision or decisions of the Examination Board in respect of matters of assessment and whether or not a student has successfully completed the course shall be final.

3.7

A student who successfully completes Stage 1 and Stage 2 of the course may in the absolute discretion of the Examination Board be awarded a pass with Commendation or a Distinction. For the award of Commendation or Distinction students should have four marks in the class (i.e. four subject marks being above 60% or 70% respectively across all three Core Practice Areas and all three Vocational Elective Areas) plus an average of 60% or 70% respectively across all examined subjects in Stage 1 and Stage 2.

3.8

To be awarded a Distinction in respect of the course a student must have passed every assessment in Stage 1 and Stage 2 of the course without in-course re-assessment or referral.

3.9

To be awarded a Commendation in respect of the course a student must have passed every assessment in a Core Practice Area in Stage 1 of the course and every assessment in a Vocational Elective in Stage 2 of the course without referral and must have been referred in not more than one assessment in Stage 1 of the course (other than an assessment in a Core Practice Area) and for the avoidance of doubt the award of a commendation in respect of the course is not available to a student who has failed two or more assessments at the first attempt in either Stage 1 or Stage 2 of the course.

3.10

A student who successfully completes Stage 1 of the course may in the absolute discretion of the Examination Board be awarded a Distinction in respect of Stage 1 of the course provided that to be awarded a Distinction in respect of Stage 1 of the course a student must have passed every assessment in Stage 1 of the course without in-course re-assessment or referral and shall have two marks in the class (i.e. two subject marks above 70% and at least one in the three Core Practice Areas) plus an average of 70% respectively across all examined subjects in Stage 1.

3.11

A student who successfully completes Stage 2 of the course may in the absolute discretion of the Examination Board be awarded a Distinction in respect of Stage 2 of the course provided that to be awarded a Distinction in respect of Stage 2 of the course a student must have passed every assessment in Stage 2 of the course without in-course re-assessment or referral and shall have two marks in the class (i.e. two subject marks above 70%) plus an average of 70% respectively across all three Vocational Elective Areas.

3.12

A student who successfully completes Stage 1 of the course may in the absolute discretion of the Examination Board be awarded a Commendation in respect of Stage 1 of the course provided that to be awarded a Commendation in respect of Stage 1 of the course a student must have:

3.12.1

Passed every assessment in a Core practice Area in Stage 1 of the course without referral and shall have two marks in the class (i.e. two subject marks above 60% and at least one in the three Core Practice Areas) plus an average of 60% respectively across all examined subjects in Stage 1; and

3.12.2

Must have been referred in not more than one assessment in Stage 1 of the course (other than an assessment in a Core Practice Area) and for the avoidance of doubt the award of a commendation in respect of the course is not available to a student who has failed two or more assessments at the first attempt.

3.13

A student who successfully completes Stage 2 of the course may in the absolute discretion of the Examination Board be awarded a Commendation in respect of Stage 2 of the course provided that to be awarded a Commendation in respect of Stage 2 of the course a student must have:

3.13.1

Passed every assessment in a Vocational Elective Area in Stage 2 of the course without referral; and

3.13.2

Shall have two marks in the class (i.e. two subject marks above 60%) plus an average of 60% respectively across all three Vocational Elective Areas.

4.1

The Examination Board consists of a Board of Examiners made up of the following members:

Membership of Board of Examiners

• The Head of School
• The Course Director
• Subject Assessment Leaders
• The External Examiners

Any other member of the University (including staff members of the Law School, Academic Services or the Executive Dean) required by the Course Director who in the opinion of the Course Director will be helpful to the Examination Board.

Such representatives of the Solicitors Regulation Authority as may be nominated in writing by the Solicitors Regulation Authority from time to time in advance of the sitting of the Examination Board.

4.2

The Examination Board shall be responsible to the Faculty of Humanities and Social Sciences and the Education Services of the University for the recommendations of awards and the content of student transcripts in accordance with these Regulations and the University Regulations and requirements of Solicitors Regulation Authority and for the general operation of these Assessment Regulations including without prejudice or limitation to the generality of the forgoing:

4.2.1

Determination of requests for extenuating circumstances; and

4.2.2

All assessment matters in which the decision or decisions of the Examination Board shall be final including whether or not a student has successfully completed Stage 1 of Stage 2 of the course or has met the required standard in each of the stages.

4.3

The Examination Board will be chaired by the Course Director or the Head of School or in the event of absence the Examination Board will be chaired by their nominee.

4.4

The Examination Board shall without prejudice or limitation to 4.2 above be responsible for:

4.4.1

Ensuring that the requirements of the Solicitors Regulation Authority are fulfilled in respect of preparation, standards, number of assessments, and assessment arrangements;

4.4.2

Examining and assessing the standard of each student in all assessments and to draw up a pass list and make recommendations in respect of failed assessments;

4.4.3

Advising each student of his or her attainment;

4.4.4

Receiving reports and any correspondence from the External Examiners and making decisions on their recommendations; and

4.4.5

Acting in accordance with University Regulations subject to the requirements of the Solicitors Regulation Authority and these Assessment Regulations always provided that and for the avoidance of doubt these Assessment Regulations and any other requirements of the Solicitors Regulation Authority shall prevail should there be any conflict between them and the University Regulations.

5.1  Successful Completion of Stage 1

In order to successfully complete Stage 1 of the course with the University a student must reach the required standard in all the following areas:

• The Core Practice Areas;
• The Skills Areas;
• Professional Conduct & Regulation;
• Solicitors Accounts;
• Taxation; and
• Wills & Administration of Estates.

5.2  Successful Completion of Stage 2

In order to successfully complete Stage 2 of the course a student must reach the required standard in the Vocational Electives.

5.3  The Core Practice Areas

The Core Practice Areas of Business Law & Practice, Litigation and Property Law & Practice shall be assessed as follows:

5.3.1

Each of the Core Practice Areas should each be assessed by way of one core practice assessment lasting a minimum of three hours with such approved materials as agreed with the External Examiners and notified to the students.

5.3.2

A core practice assessment must take the form of an examination or some other form of supervised assessment the pass mark for which will be 50%.

5.3.3

Each core practice assessment may be split into two parts and if so split:

• Each part may take place on different days;
• The two parts should be within the same period of assessment that is a block of time given over to assessment;
• One assessment mark should be derived by aggregating the marks from the two parts, with any weighting reflecting the balance of the course;
• For all purposes in these assessment regulations the two parts constitute one core practice assessment and a student must take both parts of the assessment which means that one part cannot be ‘carried over’ to a later assessment period;
• A minimum of 5% of marks in each core practice assessment must be allocated to the assessment of Professional Conduct & Regulation.

5.3.4     

There must be two parts to the Litigation assessment, one in Civil Litigation and one in Criminal Litigation with the marks for each aggregated to derive the overall mark. The weighting of each part must be explicit and recorded on the transcript referred to in 6 (general assessment provisions) below.

5.3.5

A minimum of 5% of the marks in each Core Practice Assessment must be allocated to Professional Conduct and Regulation.

5.4  The Vocational Electives

The Vocational Electives shall be assessed as follows:

5.4.1

Each elective shall have one assessment lasting a minimum of three hours with such approved materials as agreed with the External Examiners and notified to the students.

5.4.2

Each elective assessment shall take the form of an examination or some other form of supervised assessment the pass mark for which will be 50%.

5.4.3

An elective assessments may be split into two parts, and in that event:

• Each part may take place on different days;
• The two parts should be within the same period of assessment that is a block of time given over to assessment;
• One assessment mark should be derived by aggregating the marks from the two parts; and
• For all purposes in these assessment regulations the two parts shall constitute one elective assessment and a student must attempt both parts of the assessment which means that a mark for one part cannot be ‘carried over’ to another assessment period.

5.5  The Course Skills Areas

Each of the five Course Skills of Practical Legal Research, Writing, Drafting, Interviewing & Advising and Advocacy shall be assessed once as follows:

5.5.1

Each skill shall be assessed on a 'competent/not yet competent' basis against a set of assessment criteria.

5.5.2

Advocacy shall be assessed in the context of either Civil or Criminal Litigation or both.

5.5.3

Interviewing and Advising comprises two elements the first element being Interviewing and the second element being Advice and follow-up and both elements may be assessed in separate parts in which case an overall competent/not yet competent decision shall be made.

5.5.4

Each skills' assessment may be combined with:

• A Core Practice Area assessment, in which case a mark must be given for the core practice assessment and a competent/not yet competent decision made for the skills element and the assessment must be supervised; and
• One or more other skills assessments, in which case separate competent/not yet competent decisions must be given for each skill, but there is no requirement that an assessment or assessments shall be supervised.

5.5.5

Where skills assessments are combined with Core Practice Area assessments or other skills assessments then the assessment shall be designed and marked so that the aspects can be disaggregated for the purpose of the assessment outcome and for the information recorded on the transcript (referred to in 6 below). For the avoidance of doubt a student may be referred or deferred in just one of the aspects and a student will not be required to re-take an integrated assessment if they have failed just one aspect of the assessment however in the event of a referral in just one of the aspects the re-assessment shall be recorded on the transcript (referred to in 6 below) as the second or third attempt.

5.6  Professional Conduct and Regulation

5.6.1

Professional Conduct and Regulation shall be assessed in two ways:

• By a discrete assessment which will last for a minimum of two hours and which shall normally be taken during the final assessment period of Stage 1 of the course; and
• Within each of the three core practice assessments in which at least 5% of the marks must be allocated to Professional Conduct and Regulation.

5.6.2

The pass mark for the discrete assessment in Professional Conduct and Regulation shall be 50%.

5.6.3

A student must pass the discrete assessment in Professional Conduct and Regulation referred to in 5.6.1 in order to pass the subject which means that the marks obtained from each of core practice areas are not to be aggregated with the marks from the discrete assessment in order to achieve a pass.

5.7  Solicitors’ Accounts

5.7.1

The Solicitors’ Accounts Rules shall be assessed by way of a separate assessment under supervised conditions which will last for a minimum of two hours (including any reading time) and the pass mark for which will be 50%.

5.7.2

Students may be permitted to refer to materials in the assessment including a copy of the Solicitors’ Accounts Rules. If permitted to refer to materials in the assessment the permitted materials may be annotated by a student in advance of the assessment.

5.7.3

The assessment in the Solicitors’ Accounts Rules may be taken at any time during Stage 1 of the course.

5.8  Taxation

Taxation shall be assessed within the Core Practice Areas but for the avoidance of doubt there is no requirement for a discrete assessment for this area but if Taxation is the subject of a discrete assessment then a separate mark must be recorded on a student transcript and in any event the student transcript shall record the manner of assessment of this area on a student transcript.

5.9  Wills & Administration of Estates

5.9.1

Wills & Administration of Estates shall be assessed within the Core Practice Areas but for the avoidance of doubt there is no requirement for a discrete assessment for this area. In any event the student transcript shall record the manner of assessment of this area on a student transcript.

5.9.2

If Wills & Administration of Estates is the subject of a discrete assessment then the pass mark for the discrete assessment shall be 50% and a separate mark must be recorded on a student transcript.

5.9.3

If Wills & Administration of Estates is assessed in the context of a Course Skill (currently the Course Skill of Interviewing and Advising) then a separate result for Wills & Administration of Estates of competent/not yet competent must be recorded on the student transcript. A pass mark of at least 50% is required in order to obtain the award of competent and a student will not be able to pass Stage 1 of the course until this has been achieved.

5.10 Law Applicable to Assessments

All assessments taken by a student shall 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

The pass mark for all assessments in the Core Practice Areas and the Vocational Electives and Accounts and Professional Conduct and Regulation shall be 50% and:

6.1.1

Each assessment shall be given an actual percentage mark.

6.1.2

Marks ending in a fraction of 0.5 or more are to be rounded up to the next whole number. Marks ending in a fraction of less than 0.5 are to be rounded down to the next whole number. For the avoidance of doubt this applies only to the final mark and not to every component mark.

6.2

Each of the five Course Skills of Practical Legal Research, Writing, Drafting, Interviewing and Advising and Advocacy shall be assessed on a competent/not yet competent basis only.

6.3

Marks for Stage 1 and Stage 2 course assessments must be recorded on separate student transcript whether or not a student has studied for the stages in a separate or a combined way.

6.4

Each student transcript for Stage 1 of the course must include:

6.4.1

Percentage marks for the three Core Practice Areas including specific marks for criminal and civil litigation and the relative weightings of each part of the overall litigation assessment;

6.4.2

The percentage mark for Professional Conduct & Regulation derived from the discrete assessment in the subject;

6.4.3

The percentage mark for Solicitors Accounts;

6.4.4

Competent/not yet competent decisions for each of the Course Skills;

6.4.5

For each assessment the number of the attempt on which the student was successful and the date on which the successful assessment was undertaken;

6.4.6

The marks for any discrete assessments (if any) in Taxation and/or Wills and Administration of Estates undertaken by the student or information about the context in which the outcomes for these subjects were assessed if a discrete assessment is not used; and

6.4.7

The date of the first assessment for the purpose of evidencing the requirement that a student pass all of their assessments within a five-year period.

6.5

Each student transcript for Stage 2 of the course shall include:

6.5.1

Percentage marks for each of the Vocational Electives undertaken with the University;

6.5.2

The number of the attempt at which the student was successful and the date on which the successful assessment was undertaken; and

6.5.3

The date of the first assessment for the purpose of evidencing the requirement that a student pass all of their assessments within a five-year period.

6.6

Student transcripts shall not include reference to any ‘grading’ or ‘classification’ system the University has chosen to use, although this may be recorded on a separate certificate.

6.7

Transcripts must show how many attempts at each assessment the student had however it is not necessary to show the mark for each of the failed assessments.

6.8

If the Examination Board decides that a student has extenuating circumstances that affected their performance in a particular assessment to justify deferring the assessment that attempt may be disregarded for the purposes of the information recorded on the transcript and for the operation of the three attempts rule however in all cases marks may not be increased in response to extenuating circumstances and for the avoidance of doubt the date used for determining the start of the five-year period for successful completion of the course is the date on which the student attempted their first assessment whether or not the assessment was deferred as a result of extenuating circumstances.

6.9

Subject to regulation 6.8 above students are not permitted to voluntarily re-sit an assessment they have previously attempted and passed at the University in order to improve the mark recorded on their transcript.

6.10

For the avoidance of doubt and subject to regulation 10 below relating to extenuating circumstances failure to attempt or attend an assessment in Course Skills or a Subject Assessment at the first attempt (including a first attempt assessment as a result of a previous deferral under these assessment regulations) in accordance with the published assessment schedule for the course shall result in a fail at the first attempt being recorded at the Examination Board (unless there are extenuating circumstances which are brought to the attention of the Examination Board in accordance with regulation 10 below) and thereafter regulation 7 below shall apply.

7.1

A student failing any assessment shall be referred in that assessment or in those assessments, but a student may only have three attempts at any assessment and if any of the assessments take the form of two separate papers they nevertheless constitute one subject assessment. For the avoidance of doubt it is not permissible to refer in one of the papers only and a student who has failed the assessment must be referred in the assessment and take both papers again.

7.2

If a student is unsuccessful on the third attempt of a Stage 1 assessment then they shall fail that stage overall with the consequence that Stage 1 of the course and all Stage 1 assessments must be re-taken.

7.3

If a student is unsuccessful on the third attempt of a Stage 2 assessment then the student may either re-enrol on the course for that particular elective or enrol on a new and different elective offered by the University.

7.4

If a student does not pass all Stage 2 assessments within five years of sitting their first Stage 1 assessment then they must complete both Stage 1 and 2 of the course again including all assessments. Similarly if a student embarks on Stage 2 of the course before passing all Stage 1 assessments then all the assessments (for Stages 1 and 2) must be passed within five years of their first attempt at the first assessment.

7.5

When reasonably practicable any referred assessments taken by a student shall be based on the law in force at the time of the assessment regardless of the law taught to the student during the course.

7.6

The student transcript must show clearly the number of the attempt at which the student was successful and the date of their success.

7.7

The exact timing of the sitting of a referral or referrals shall be at the discretion of the Examination Board but in any event in accordance with the usual assessment schedule of the course. Sittings may take place in the period up to and including the July of the next year following the completion of the course.

7.8

If a student passes a referred assessment then the referred assessment will be awarded a maximum mark of 50%.

7.9

If a student fails any referred assessment or assessments they shall have the opportunity of a second, final referral in that assessment or those assessments.

7.10

In order to successfully complete a Legal Practice Course and achieve an award a student must pass both Stage 1 and Stage 2 of the course including all of their assessments within a five-year period. This requirement applies to all students who have been referred in an assessment. For the avoidance of doubt the date used for determining the start of the five-year period is the date on which the student attempted their first assessment (whether or not they were referred or deferred) and not the date the results were confirmed or published or the date of enrolment on the course.

8.1

Students may be given the opportunity of one (only) in-course reassessment of the assessment in Solicitors Accounts in Stage 1 of the course.

8.2

Any student who fails to pass Solicitors Accounts even after in-course reassessment will be referred by the Examination Board in the paper that have been failed. There will be a maximum of one referral only. For the avoidance of doubt this means that a student has no more than three attempts at the assessment in Solicitors Accounts – the “first take”, one in-course reassessment and one referral.

8.3

The exact timing of the referral shall be at the discretion of the Examination Board but in any event in accordance with the usual assessment schedule of the course. Sittings may take place in the period up to and including the July of the next year following the completion of the course.

9.1

Students may be given the opportunity of one in-course re-assessment of every failed assessment in relation to a Course Skill and for the avoidance of doubt this applies to an assessment which has been combined with an assessment in a Core Practice Area or another Course Skill.

9.2

Any student who fails to pass any assessment in a Course Skill after the attempt at an in-course re-assessment will be referred by the Examination Board in that assessment. However, for the avoidance of doubt, failure of any or any combination of assessments in Course Skills does not “trigger” referral in assessments that have been passed; they are “banked.”

9.3

Course Skills assessments with two assessments (if any) have each assessment treated separately for the purposes of referral.

9.4

There will be a maximum of one referral in any assessment in a Course Skill after the in course assessment has been failed. For the avoidance of doubt this means that a student has no more than three attempts at any assessment – a “first take”, one in-course reassessment and one referral.

9.5

The exact timing of the referral shall be at the discretion of the Examination Board but in any event in accordance with the usual assessment schedule of the course. Sittings may take place in the period up to and including the July of the next year following the completion of the course.

10.1

A student who completes any assessment will be presumed to be fit to take the assessment and medical evidence produced afterwards in respect of circumstances existing before the assessment will not be accepted or considered by the Examination Board. For the avoidance of doubt a student who attends and completes an assessment shall be deemed to confirm:

10.1.1

That there are no reasons why they should not sit the assessment at that time or why they might subsequently submit a request for a concession in respect of extenuating circumstances; and

10.1.2

That any requests for reasonable adjustments have already been submitted to and considered by the University.

10.2

Subject to 10.1 above a student who considers:

10.2.1

Before taking an assessment that their performance may be affected by medical or other circumstances may at their own risk not attempt the assessment and instead make an application to the Examination Board together with evidence in support of the application to defer taking the assessment;

10.2.2

During an assessment that their performance may have been affected by medical or other circumstances arising during the assessment then the student must inform an invigilator/assessor no later than immediately after the assessment and for the avoidance of doubt before leaving the examination venue and make a written application to the Examination Board together with written evidence in support of the application to defer taking the assessment.

10.3

It is the student’s responsibility to bring extenuating circumstances to the attention of the Examination Board in writing together with supporting written evidence before it reaches its decision. The Examination Board will normally only consider applications in writing with supporting evidence made within three weeks of the relevant assessment and applications made after this time period will normally not be considered. In the case of “retrospective” or other applications, the student will be required to satisfy the Board that there are exceptional circumstances for their failure to bring the extenuating circumstances or the supporting evidence to the Board’s attention in writing within three weeks of the relevant assessment and before the decision was made.

10.4

If a student submits an application in writing and written evidence which satisfies the Examination Board that they were unable to take an assessment due to illness or other good cause or that their performance was significantly adversely affected by such matters then the student may in the absolute discretion of the Examination Board be deferred in that assessment. Students’ marks may not be increased in response to such extenuating circumstances, but the later sitting will count as a first sitting.

10.5

Condonation or Compensation is never permitted either in response to extenuating circumstances or otherwise and marks may never be increased.

10.6

When reasonably practicable a deferred assessment taken by a student shall be based on the law in force at the time of the assessment regardless of the law taught to the student during the course.

11.1

Allegations of plagiarism or unfair practice shall be subject to the procedures of the University.

11.2

All findings made by the University of plagiarism or unfair practice shall also be reported to the solicitors regulation authority.

11.3

If a student is found to have plagiarised work or used unfair practice in any assessment on the course then the university may determine in its absolute discretion that the marks for all modules on the course shall be cancelled or that a student shall fail the whole course and not be allowed to re-sit the course at the University or such other penalty as may be appropriate in the circumstances. In making its determination the university will normally follow the guidance or requirements of the Solicitors Regulation Authority or in the absence of any such guidance or requirements then the procedures and penalties of the University shall apply.

 12.1

The final decisions of the Examination Board will be subject to the Appeals procedure and other procedures of the University however this Appeals procedure is subject to the following provisos:

• There is no appeal against the academic judgement of the Examination Board; and
• That the requirements of the Solicitors Regulation Authority take precedence should there be any conflict between the University and the Solicitors Regulation Authority as to whom should be allowed to successfully complete Stage 1 or Stage 2 of the course and proceed in training to become a solicitor.

13.1

Subject to 13.2 below, there is an overall maximum time limit for completion of the course being 5 years. That is to say, a student commencing a full time course in September 2009 must successfully complete all Stage 1 and Stage 2 assessments by September 2014, and if they do not do so they are deemed to have failed the course.

13.2

The date used for determining the start of the five-year period is the date on which the student attempted their first assessment (whether or not they were referred or deferred) and not the date the results were confirmed or published or the date of enrolment on the course.

13.3

A student completes assessments by September of a given year if they have taken or submitted the relevant assessment by 30th September of that year. The date of the meeting of the Examination Board or publication of results is not significant.

13.4

The time limits for completion of the Course set out in 13.1 and these Assessment Regulations may be varied from time to time by the Solicitors Regulation Authority in which case the time limit as varied shall apply, for example a decision by the Solicitors Regulation Authority to replace or fundamentally change the course, or other circumstances beyond the University’s control, may result in a final deadline for completion being set or imposed at a later date.

14.1

Successful completion of the course includes reaching the required standard in all of the assessments applicable to Stage 1 and Stage 2 of the course and attending timetabled sessions throughout the course in a punctual manner to the satisfaction of the Examination Board in their absolute discretion. The University may in consultation with the members of the Examination Board exclude any student from either the course or any or all of the assessments in relation to Stage 1 or Stage 2 of the course in the event of poor attendance or punctuality.

14.2

In order to exercise the discretion referred to in 14.1 above the University need not formally convene an Examination Board but may exercise the discretion following consultation with the members of the Examination Board (which consultation may take place by telephone electronic mail or some other form of communication including video conferencing) and for the avoidance of doubt the consultation need not be with all the members of the Examination Board but must include all the External Examiners and the Course Director.