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The CPD Panel deals with applications for waivers from and extensions of time in relation to the requirements to undertake Continuing Professional Development ("CPD").
Nature of Application
Brief Summary
1 New Practitioners Programme
The CPD Regulations require newly qualified barristers to complete 42 (or 45 if commenced practice after the 1st September 2004) hours of accredited continuing professional development, including at least 6 hours of Advocacy Training (9 hours if commenced practice after 1st September 2004) and 3 hours of Ethics, during their first three years of practice. They must also complete the Forensic Accountancy course during this period, if they did not do so during pupillage. The Qualifications Committee has the discretion to extend the time for completion of, and/or waive, these requirements.
2 Established Practitioners Programme
The CPD Regulations require all barristers to whom the Regulations apply to complete 12 hours a year CPD, at least 4 hours of which must be through accredited activities. Each year's hours must be completed by 31 December. The Qualifications Committee has the discretion to extend this deadline, and/or to waive CPD requirements. It may do so if (i) a barrister is not/has not been practising during some or all of the relevant period and (ii) where the barrister demonstrates some exceptional mitigating/personal circumstances.
General
1.1 In these Notes, the Bar Training Regulations (September 2009) are referred to as BTR and the Code of Conduct of the Bar Council of England and Wales is referred to as "the Code of Conduct".
1.2 These Notes set out the criteria and guidelines which the CPD Panel and/or the Full Committee applies in considering such applications, and should be read carefully and in conjunction with the BTR, the Code of Conduct and the Application Form.
1.3 Neither the CPD Panel nor the Qualifications Committee is empowered to review the CR or the Code of Conduct.
How applications are dealt with
2.1 Applications must be made in writing on the appropriate and current Application Form, accompanied by any supporting documentation and cheque for the requisite fee, currently £135, made payable to the General Council of the Bar. The application form and details of the Committee's Fee Waiver Policy are available from the BSB (contact details below) or online (see below). Please note that applications will only be processed if made using the version of the appropriate Application Form current at the time the application is made.
2.2 Applicants who may have particular difficulties in following the standard application procedure or need reasonable adjustments related to a disability may contact the Secretary to the Qualifications Committee to discuss how these needs can be met.
2.3 All applications contain a declaration that the applicant has read, understood and complied with these Criteria and Guidelines.
2.4 Applications are considered and determined by the CPD Panel of the Qualifications Committee, which is one of the regulatory committees whose work is overseen by the Bar Standards Board. The Qualifications Committee's powers to approve the applications made to the CPD Panel are set out paragraphs 10 & 11 of Annex C of the Code of Conduct.
2.5 The Qualifications Committee comprises both barristers and lay members. All applications are dealt with in the first instance by the CPD Panel of the Qualifications Committee, members of which Panel are all members of the full Qualifications Committee. References in these Notes to the Qualifications Committee should be read as including a reference to the CPD Panel unless otherwise expressly stated.
2.6 All applications are dealt with on paper only.
2.7 An applicant must ensure that all supporting evidence is sent with the Application Form, and any failure to do so may result in delays in dealing with the application, or in cases of refusal to provide such evidence, the Qualifications Committee reserves the right to reject such applications. In every case, the Qualifications Committee has the power to request further information or documentation be supplied in support of an application, but applicants should note that it is the primary responsibility of the applicant to provide all relevant information and supporting evidence rather than the task of the Qualifications Committee to ask for it.
2.8 However, applicants should exercise judgement when selecting supporting evidence and ensure that only documentation that is relevant to the criteria set out in this document is supplied. In particular, it is usually not appropriate to supply examples of work. Any applicant who does supply such examples must ensure that documents that refer to third parties (eg clients) are suitably redacted so as to ensure anonymity. Any application that is supported by unredacted material will be returned to the applicant.
2.9 The Qualifications Committee will take into account all the circumstances of the particular application and will apply the guidelines set out in these Notes. The CPD Panel may make a decision on any application or may refer any particular application or part thereof to the full Qualifications Committee for consideration and decision.
2.10 All applications will be acknowledged in writing within 10 days of receipt.
2.11 The Qualifications Committee Panels normally deals with all applications within 8 weeks of receipt and notifies applicants of its decision within 10 days of a decision. Should it not be possible to deal with an application within this timescale, the applicant will be notified.
2.12 The Qualifications Committee will treat all applications and any supporting documentation provided in the strictest confidence.
2.13 All enquiries about applications whether proposed or pending should be addressed to the secretary to the CPD Panel (details below).
Reviews and Appeals
3.1 Any applicant who is dissatisfied with a decision of the CPD Panel may request a review of the decision by the full Qualifications Committee.
3.2 Any request for a review must be made on the designated application with the required application fee within one month of notification of the relevant decision. All requests will be acknowledged in writing within 7 days of receipt.
3.3 All reviews are dealt with on paper only.
3.4 The Qualifications Committee deals with reviews of decisions of the CPD Panel as if the application was being dealt with afresh by the Qualifications Committee, applying the guidelines set out in these Notes. The Qualifications Committee shall be entitled to have such regard to the CPD Panel's decision, and to uphold, vary or take into account such decision, as in its absolute discretion it feels appropriate.
3.5 The Qualifications Committee normally deals with all review requests within 10 weeks of receipt and notifies applicants of its determination within 10 days of a decision. Should it not be possible to deal with a review within this timescale, the applicant will be notified.
3.6 All enquiries about reviews whether proposed or pending should be addressed to the secretary to the Qualifications Committee (see below).
3.7 Where the full Qualifications Committee has determined a review of a decision of the CPD Panel, there is no procedure under the BTR for an appeal to the Qualifications Committee or the Bar Standards Board from such determination. However, the Qualifications Committee may review its own decisions under BTR 99 but is not obliged to carry out such a further review. Any person dissatisfied with a determination of the full Qualifications Committee is advised to take independent legal or other appropriate advice.
3.8 BTR 102 provides that where the BTR provide for a review by the BSB of a decision, no appeal may be made to the Visitors to the Inns of Court unless such a review has taken place.
3.9 BTR 103 provides that subject to BTR 102, a person or organisation who is adversely affected by a decision of the BSB may appeal to the Visitors of the Inns of Court in accordance with the Hearings before the Visitors Rules.
Introduction
1.1 The factors that will be taken into account in any application for a waiver of all or any part of the NPP or the EPP include those set out in paragraphs 1.5.1 to 1.6.2. 1.2 The factors that will not be taken into account in any application for a waiver of all or any part of the NPP or the EPP include those set out in paragraphs 1.7.1.
1.3 The factors that will be taken into account in any application for an extension of time for the completion of all or any part of the NPP or the EPP include those set out in paragraphs 1.8.1 to 1.8 4.
1.4 The factors that will not be taken into account in any application for an extension of time for the completion of all or any part of the NPP or the EPP include those set out in paragraphs 1.9.1 to 1.9.5. Factors Relevant to Waiver
For the NPP:
1.5.1 Sufficient experience as a lecturer/teacher in the particular discipline in respect of which the waiver is sought (relevant to waiver of the Forensic Accounting Course only) Supporting evidence must be provided.
1.5.2 Sufficient experience as a practitioner in the particular discipline in respect of which the waiver is sought (relevant to waiver of the Forensic Accounting Course only). Supporting evidence must be provided.
1.5.3 Where equivalent courses have been completed. Supporting evidence must be provided.
For the EPP:
1.6.1 Maternity or paternity leave.
1.6.2 Taking a career break or any exceptional mitigating/personal circumstances that will prevent the applicant completing the CPD requirement. Documentary evidence should be provided to demonstrate/support whatever mitigating/personal circumstances upon which the applicant wishes to rely.
Factors not relevant to Waiver
1.7 For the NPP/EPP:
1.7.1 Not in fact practising whilst holding a practising certificate. As long as a barrister has a Practising Certificate he/she is subject to CPD hours.
1.8.1. Writing a book.
1.8.2. Pressure of work and/or undertaking administrative duties in chambers or, in the case of employed barristers, at work.
1.8.3. Being a narrow/specialist practitioner.
1.8.4. Expense.
1.7.2 Inconvenience.
Factors relevant to an extension of time
For the NPP/EPP:
1.8.1. Maternity leave or serious illness which prevents a barrister from continuing in practice for some (significant) time. In the case of serious illness, supporting documentation must be provided.
1.8.2. Acting as the temporary sole provider of care for partner and/or children.
1.8.3. Not being included on a course due to an administrative error.
1.8.4. If a course that has to be completed is fully subscribed (providing that a place on the course was applied for timeously). Factors not relevant to an extension of time
1.9.1. Writing a book.
1.9.2. Pressure of work and/or undertaking administrative duties in chambers or, in the case of employed barristers, at work.
1.9.3. Being a narrow/specialist practitioner.
1.9.4. Expense.
1.9.5. Inconvenience.
2.1 Applications may be made for an extension of time for completion of the New Practitioners Programme, and/or for a waiver of the requirements of the New Practitioners Programme
2.2 The application should be made on the appropriate prescribed form in typescript. The completed form should be accompanied by any supporting documentation and cheque for the requisite fee currently £135 made payable to the General Council of the Bar.
2.3 If an extension of time for completion of the New Practitioners Programme is allowed this does not defer commencement of the obligations under the Established Practitioners Programme (12 hours per year).
Requirements and General Guidelines
2.4 An applicant will be required to provide the following information and documentation:
2.4.1 Status: State the number of CPD hours completed and/or to be completed in each area. If the Accountancy course was completed during pupillage, please say so. For all requirements not yet completed, please give the dates of the courses which the applicant proposes to attend and/or set out proposals for completion of the outstanding requirements within the time extension requested.
2.4.2 Nature of Application: Give as much information as you can. Provide any documentary evidence (for example, medical evidence) that is available to support any mitigating personal circumstances upon which the applicant relies.
2.4.3 Other Information: Use this section to supply any other information that may be relevant to the application.
2.4.4 Declaration: By signing the form the applicant confirms that the information provided is complete and accurate. The form should also be signed by the applicant's Head of Chambers, if he/she is in independent practice, or by his/her supervisor, if the applicant is employed. If it is not possible to obtain such a signature, the reason for this must be explained in the "Other Information" section of the form.
3.1 Applications may be made for an extension of time for completion of 12 hours CPD required to be completed each year by 31 December under the Established Practitioners Programme
3.2 Applications may be made for a reduction/waiver of the CPD requirements of the Established Practitioners Programme. Where a barrister intends to take time out of practice and suspends his/her practising certificate for the relevant period, his/her CPD requirements for the relevant year will automatically be reduced. Where a barrister does not suspend his/her practising certificate, his/her CPD requirement will remain. Save in cases where there are exceptional mitigating/personal circumstances there will be no waiver of the requirement for any self-employed or employed barrister who holds a practising certificate.
3.3 The application should be made on the appropriate prescribed form in typescript. The completed form should be accompanied by any supporting documentation and cheque where required, made payable to the General Council of the Bar. Requirements and Guidelines
3.4 An applicant will be required to provide the following information and documentation:
3.4.1 Status: Please state the number of CPD hours completed and/or to be completed. Give the dates of any course(s) which the applicant proposes to attend or otherwise set out proposals for completion of the outstanding requirements within the time extension requested.
3.4.2 Nature of Application: Give as much information as you can. You should provide any documentary evidence (for example, medical evidence) that is available to support any mitigating/personal circumstances upon which the applicant relies. 3.4.3 Other Information: Use this section to supply any other information that may be relevant to the application.
3.4.4 Declaration: By signing the form the applicant confirms that the information provided is complete and accurate. The form should also be signed by the applicant's Head of Chambers, if he/she is in independent practice, or by his/her supervisor, if the applicant is employed. If it is not possible to obtain such a signature, the reason for this must be explained in the "Other Information" section of the form.
3.5 A £135 fee is payable and payment should be sent with the application form.
3.6 If an extension of time for completion of one year's EPP requirement is allowed this does not reduce or defer the following year's EPP requirements.
