We have today published our feedback statement on the outcome of our recent consultation on the proposed new Enforcement Regulations, which took place between May and July 2026. This summarises the responses received, our conclusions and next steps. Some of the key outcomes of the consultation include:
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The new regulations will come into force on or around 1 February 2027 and will apply to all cases, save the current regulations will apply to cases already convened for a hearing on or before 31 January 2027.
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Publication of outcomes will occur in relation to Disciplinary Tribunal hearings, including where the charges against a barrister have been dismissed, unless otherwise ordered by the Tribunal.
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Our powers to seek interim orders pending the outcome of related disciplinary proceedings will be extended to allow a referral to be made, and immediate interim orders to be imposed, on the basis of conditions alone.
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We and the barrister will be able to request a review of interim undertakings at any time while they are in place, in line with other types of interim orders.
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We will have the right to appeal a decision of a Health Panel, which is currently only afforded to the barrister.
We also took on board feedback on the drafting of the Regulations, and the non-party access to documents (open justice) policy. We are now finalising the new Enforcement Regulations which are subject to Legal Services Board approval. These will replace Parts 5A to D of the BSB Handbook. We will keep the profession and the public informed of our progress on this work and will confirm the date for implementing the new regulations once approved.
Phil Golding, Director General, The Bar Standards Board said:
“These reforms will lead to speedier outcomes, better support for witnesses and will increase the transparency of tribunal hearings. We are grateful for the support from our stakeholders in helping to shape the draft regulations to deliver against these objectives.”
