22 April 2018

Code amendments 2010

Changes to the Practising Certificate Rules

 

At its meeting on 16 September 2010, the Board agreed to amend the Practising Certificate Regulations in Annexe D to the Code. The amendments align the practising certificate renewal dates for the self-employed and employed Bar, in line with proposals set out in the authorisation to practise consultation in March 2010. Under the amended Regulations, Bar Council may determine the due dates for payment of the Practising Certificate Fee and accordingly the Bar Council has determined that the due date for both the self-employed and employed Bar will be 1 April with effect from 1 April 2012. Practising Certificates for the self-employed Bar will therefore be effective for 15 Months from 1 Jan 2011 to 31 March 2012.
The amended Regulations also permit the payment of the Practising Certificate Fee by instalment and make it a misconduct to fail to pay any part of the Practising Certificate Fee when due.

The amendments came into effect on 11 November 2010.

Read the LSB decision notice here.

 

Changes to the Code of Conduct arising from the creation of the Legal Ombudsman (LeO).

 

At its meeting on the 16 September 2010, the Board approved changes to the Code. On the 6 October 2010 LeO will commence operation and in line with the provisions of the Legal Services Act 2007, the Bar Standards Board will from that date no longer have the jurisdiction to consider new complaints about the service provided by barristers to their clients (service complaints). There are transitional arrangements for the completion of existing service complaints as well as the final cessation of the BSB's jurisdiction for such complaints. The Legal Services Act requires Approved Regulators to make provisions for authorised persons ie barristers to give LeO the necessary assistance to enable them to investigate, consider and determine complaints. Amendments have been made to Part IX, Annexe J, P and S of the Code.

The amendments came into effect on 6 October 2010.

Read the LSB decision notice here.

 

Changes to the Hearings before the Visitors Rules.

 

At its meeting on the 17 May 2010, the Board approved revisions to the Hearings before the Visitors Rules. The rules have been revised in order to iron out certain anomalies, prevent confusion and address problems that are causing difficulties in processing appeals to the Visitors of the Inns of Court. This has resulted in Annexe M being re-issued.

The amendments came into effect on 1 September 2010.

Read the LSB decision notice here.

 

Changes to Part II and Part V, further clarification of the LDP amendments

 

At its meeting on the 15 July 2010, the Board approved revisions to the Code, which clarified unintended consequences arising from the LDP amendments which were approved in March 2010. This includes changes to rule 204 and an additional rule 508 which allows barristers to provide legal services when under contract for services with a Recognised Body.

The amendments came into effect on 6 August 2010.

Read the LSB decision notice here.

 

Changes to the Interim Suspension Rules

 

At its meeting on 19 November 2009, the Board approved revisions to the Interim
Suspension Rules at Annexe N of the Code of Conduct. These changes relate to changes to definitions and references, amendments to the "Referral to a Suspension Panel" section to make provision for when a barrister is convicted by another approved regulator of misconduct and is sentenced to suspension or termination of his right to practice in a recognised body. There is an additional commencement provision stating that rules will not be applied in respect of any conviction by an approved regulator prior to the date that the amended rules come into force.

The amendments came into effect on 30 April 2010.

Read the LSB decision notice here.

 

References to the Bar Council

 

Following the implementation of the Legal Services Act on the 1 January 2010, all references to the Bar Council within Part I- XI of the Code have been revised and either remain unchanged, replaced with "Bar Standards Board" or amended to "Bar Council or the Bar Standards Board".

These amendments came into effect on 30 April 2010.

Read the LSB decision notice here.

 


Changes to the CPD regulations, as a result of changes to pupillage arising from the Legal Services Act 2007

 

In the light of the introduction of an authorisation to practise regime under the Legal Services Act 2007, pupils are now issued with a practising certificate. The Continuing Professional Development Regulations at Annexe C of the Code of Conduct have been amended to retain the exemption from the CPD requirement for pupils.

The amendments came into effect on 22 April 2010.

Read the LSB exemption direction here.

 

Changes following a Review of the Public Access Scheme

 

At its meeting on 16 July 2009, the Board approved changes to the Code. These changes are as a result of the recommendations of the review by the Bar Standards Board of the Public Access Scheme. They are designed to allow greater access to barristers' services for consumers and permit barristers to offer services in a greater range of areas than before and to engage in correspondence between parties. The implementation of these changes has resulted in Annexe F2 being re-issued and amendments to Part IV of the Code. Following the Board meeting, these proposed changes were submitted to the Ministry of Justice (MoJ) for approval. However, the MoJ were not able to process the application before the approval function transferred to the Legal Services Board (LSB). These changes were submitted to the LSB for consideration and approval.

The amendments came into effect on 31 March 2010.

Read the LSB decision notice here.

 

Changes relating to the Structure of Self-Employed Practice

 

At its meeting on 19 November 2009, the Board approved revisions to the Code. These changes relate to the structure of self-employed practice and consider barristers sharing premises and office facilities, investigation and collecting evidence and taking witness statements, attendance at police stations and conduct of correspondence. The implementation of these changes has resulted in amendments to Part IV and VI of the Code.


Following the Board meeting the proposed changes were submitted to the Legal Services Board (LSB) for consideration and approval.

The amendments came into effect on 31 March 2010.

Read the LSB decision notice here.

 

Changes to allow Legal Disciplinary Practices (LDPs) and Partnerships of Barristers

 

At its meeting on 19 November 2009, the Board approved revisions to the Code. The amendments allow barristers to become managers of LDPs regulated by the SRA (or other approved regulators) without having to requalify as a solicitor. The changes also enable barristers to be shareholders in LDPs whether or not they are an employee or a manager of the LDP in question. Barristers can now practice in more than one capacity at the same time e.g. as a self-employed barrister and as an employee of a law firm. The implementation of these changes has resulted in amendments to Part I, II, III, IV, V, VIII, IX and X of the Code.

The amendments came into effect on 26 March 2010.

Read the LSB decision notice here.