22 January 2018

Part XI - Transitional provisions

From 6 January 2014 the Bar should refer to a  new Handbook for rules and guidance on their conduct as barristers.

This section contains the transitional arrangements affecting people who were barristers before this edition of the Code came into force.

1101. In respect of anything done or omitted to be done or otherwise arising before 31 October 2004:

(a) this Code shall not apply;

(b) the Code of Conduct in force at the relevant time shall notwithstanding paragraph 101 apply as if this Code had not been adopted by the Bar Council.

1102. Any barrister called to the Bar before 1 January 2002 but who has not completed or been exempted from 12 months' pupillage in accordance with the Bar Training Regulations1 in force at the relevant time may practise as a barrister notwithstanding paragraph 202(a) of this Code provided that such a barrister shall not be entitled to exercise a right of audience under paragraph 203.1 unless he:

(a) has notified the Bar Council in writing by 31 March 2012 of his wish to do so; and

(b) either (i) has complied with any conditions as to further training which the Bar Council or Bar Standards Board may require or (ii) has been informed by the Bar Council or Bar Standards Board that he is not required to comply with any such conditions.

1103. Any barrister who on 31 July 2000 was entitled to exercise any right of audience which he had by reason of being a barrister shall notwithstanding paragraph 203 of this Code remain entitled to exercise that right of audience.

1104. Any barrister who during any period before 31 July 2000 was entitled to exercise a right of audience as an employed barrister may for the purpose of paragraph 203.2(c) of this Code count that period as if he had been entitled during that period to exercise a right of audience before every Court in relation to all proceedings provided that he:

(a) has notified the Bar Council in writing by 31 March 2012 of his wish to do so; and

(b) either (i) has complied with any conditions (including any conditions as to further training) which the Bar Council or Bar Standards Board may require or (ii) has been informed by the Bar Council or Bar Standards Board that he is not required to comply with any such conditions.

1Bar Training Regulations effective from 1st September 2009