25 April 2018

Q&As - Once your application is approved

What happens when a BSB entity is authorised?

After authorisation, we will supervise your entity in a similar way to how we supervise chambers.  The level of supervision will depend on our risk assessment of your entity.  You can find out more on the Supervision section of our website.

If I am unhappy with the BSB's decision about your application, what can I do?

If you are unhappy with our decision about your application, you can apply to have it reviewed.  Details and forms are available on our website. The forms to complete are found towards the bottom, "Review of Entity Authorisation Decision".

For the moment, if you remain dissatisfied after your original application has been reviewed, you can appeal to the High Court.  Further information about this is on our website.

Later in 2016 following approval from Parliament, we will establish a body called a First-Tier Tribunal which will be able to hear and determine appeals from decisions of the BSB rather than having to refer to the High Court. 

In all cases we will communicate all decisions to you and give you more information about these processes.

Can an authorisation be changed?

We may suspend or revoke your authorisation if:

  1. you no longer comply with the mandatory requirements for authorisation; or
  2. your circumstances have changed in relation to the issues considered by us in granting your authorisation; or
  3. it otherwise appears appropriate to us in the light of the regulatory objectives.

If we are considering a change to your authorisation status, we will notify you in writing of the grounds on which we propose to do so and give you an opportunity to make representations.  Alternatively, this might happen as a result of disciplinary action against the entity.

If there is a material change to my entity after authorisation (such as a change to the key role-holders), should I contact the BSB?

Yes, please let us know if a material aspect of your entity (such as the number of owners or managers) has changed or will change as it may affect our supervision of your entity or your suitability to be regulated by the BSB. 

What is a statutory intervention?

A statutory intervention is the process by which a regulator can take control of a legal practice or entity in the public interest when something has gone seriously wrong.  Where an entity is failing, insolvent, is unable or unwilling to co-operate with its regulator or has been abandoned by its owners and managers, the regulator needs to be able to move in and take charge of affairs so as to protect the interests of clients, to obtain alternative representation for them and to secure files or other assets which may belong to them.

Whilst other approved regulators already have the power to carry out an intervention, the BSB does not.  We have asked Parliament to grant us this power and our request is currently under consideration.