We have today launched a consultation seeking views on our proposed enforcement regulations which will replace Parts 5A to D of the BSB Handbook. The consultation closes on 17 July 2026, and we aim to introduce the new regulations with effect from early 2027. This follows our first consultation on the principles for the new regulations and our full feedback statement dated 2 April 2026.
The regulations are informed by the need to improve fairness, transparency, efficiency and effectiveness in our enforcement system. It also takes forward the adoption of certain recommendations of the Harman Review. The changes will help us and the Bar Tribunals and Adjudication Service (BTAS) to expedite cases, leading to swifter outcomes, including those involving allegations of bullying and harassment. Crucially, they will also provide an assurance of anonymity and support to witnesses involved in cases of a sexual nature.
We are seeking views and welcome feedback from stakeholders on the draft regulations and a small number of additional proposals for change. The key proposals include:
- the new regulations will come into force on or shortly after 1 February 2027 and will apply to all cases, including those already underway.
- publishing the outcomes of all Disciplinary Tribunal hearings, including where the charges against a barrister have been dismissed.
- extending the power to refer for and impose immediate and interim orders so that such orders may be imposed based on interim conditions, rather than interim suspension or disqualification only.
- allowing both parties to request a review of interim undertakings at any time while they are in place, in line with other types of interim orders.
- giving the BSB the right to appeal the decision of a Health Panel (which is currently only afforded to the barrister) and to ensure that both parties are notified of the appeal hearing, as well as the right to be heard and be notified of the outcome.
Steve Haines, Interim Director General, The Bar Standards Board said:
“The purpose of this consultation is to streamline the regulations to ensure they are better organised, simplified, use plain English and reflect best regulatory practice. It is a milestone in our project to reform the handling of enforcement cases. We are seeking views on whether the revised regulations properly give effect to our previously agreed policy positions and whether they support our overall objectives of improving the fairness, transparency, efficiency and effectiveness of the end-to-end enforcement process. We hope to hear from the profession and the public during the consultation.”
ENDS
Notes to Editors
The BSB Enforcement Powers and Procedures. Proposed revisions to the Enforcement Regulations: Part 5 of the BSB Handbook. Second Consultation is open for comment from 30 April to 17 July 2026.
This consultation follows an earlier ‘in principle’ consultation by the BSB, which was held between July 2025 and October 2025, on its Enforcement Powers and Procedures (Proposed revisions to the Enforcement Regulations: Part 5 of the BSB Handbook). The BSB published a short feedback statement on 1 December 2025 and a full feedback statement on 2 April 2026. These statements confirm the policy decisions taken by the BSB in relation to the proposals already consulted on.
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