Bar Qualification Rules

BSB Handbook

Rule Q29 Providers of vocational training and pupillage must be authorised by the BSB as an AETO.

Rule Q30 An application to become an AETO must be made in such form and be accompanied by payment of such fee or fees as may be prescribed by the BSB.

Rule Q31 In determining an application from an applicant to become an AETO, the BSB will have regard to the Authorisation Framework and in particular the mandatory criteria. The BSB will not approve an application to become an AETO unless it is satisfied that it is:

.1 able to meet the mandatory criteria set out in the Authorisation Framework relevant to the application; and

.2 a suitable provider for the purposes of the Authorisation Framework.

Rule Q32 The BSB may grant authorisation to an AETO on such terms and conditions as it considers appropriate including the period of authorisation.

Rule Q33 The BSB may vary, amend, suspend or withdraw authorisation of an AETO in the following circumstances:

.1 the AETO has applied for such variation, amendment, suspension or withdrawal;

.2 the AETO ceases to exist, becomes insolvent or merges;

.3 the AETO fails to comply with conditions imposed upon its authorisation;

.4 the BSB is of the view that the AETO has failed or will fail to fulfil the mandatory requirements set out in the Authorisation Framework;

.5 the BSB is of the view that the AETO is not providing the training for which it was authorised to an adequate standard or there has been a material change in the training provided; or

.6 the BSB is of the view that the continued authorisation of the AETO would inhibit the Regulatory Objectives.

Rule Q34 An AETO which is dissatisfied by a decision in relation to Rule Q31 – Q33 above may apply to the BSB for a review.

The application process

1) Prospective AETOs may apply for authorisation from 1 April 2019. Courses to be delivered by providers of the vocational component will be advertised as "subject to authorisation" during this process.

2) AETOs are likely to need to go through further internal approval processes to set up new training pathways. We anticipate that the first new pathways are likely to be available from September 2020.

PROVIDERS OF THE PROVIDERS OF THE VOCATIONAL COMPONENT (AND/OR INTEGRATED ACADEMIC AND VOCATIONAL COMPONENTS)

Application

3) Prospective providers of the vocational component (and/or integrated academic and vocational component) will need to apply for authorisation by means of the Online Portal, available via MyBar. If you wish to apply, please contact VBT@barstandardsboard.org.uk

4) Prospective AETOs will need to be able to demonstrate that they meet the criteria in the Authorisation Framework.

5) Prospective AETOs should refer to the Guidance document, when completing their applications.

6) For further guidance on the vocational component of Bar training, including details of further changes to the curriculum and assessment from the 2020-2021 academic year, please see Part 2C of the Bar Qualification Manual.

7) Unsuccessful applicants may apply for a review of their application, in line with Rule Q34 of the BSB Handbook. For further guidance on the process of applying for a review, please see Part 2E (E1) of the Bar Qualification Manual.

Fees and charges

8) Prospective AETOs will be charged an application fee of £250.

9) We anticipate that in many cases, the application itself will suffice with no further steps (or assessment costs) required. Should we require more information a prospective AETO due to the complexity or scale of its proposed training pathway, indicative costs for the steps we will need to take to help us to assess the proposal include

  • Staff Time @ up to £500 per day;
  • Expert Advisor @ up to £400 per day;
  • Travel and other costs actually incurred.

10) AETOs providing training for the academic and vocational (integrated) or vocational components will be charged a per-capita fee of £870 for initial authorisation and, in subsequent years, a per-capita charge for each intake of students for authorisation to deliver the vocational component of training to cover our operational and ongoing costs.

11) Where the proposal is for a four-step pathway (eg the academic component, followed by the vocational component in two parts, followed by the pupillage or work-based component), the per-capita fee will be split - £575 for part one and £295 for part two of the vocational component.

12) AETOs providing vocational training (and/or integrated academic and vocational training) will be subject to a renewal process on a five-year cyclical basis, mirroring that for initial authorisation.

13) We will review our fees at least every two years and take mitigating action to address over/under-recovery of our costs.

PROVIDERS OF WORK-BASED LEARNING (PUPILLAGE)

Application

14) Prospective providers of work-based learning (pupillage) will need to apply for authorisation by means of the Online Portal, available via MyBar. The portal will shortly open for applications. If you wish to apply, please contact authorisations@barstandardsboard.org.uk.

15) Prospective AETOs will need to be able to demonstrate that they meet the criteria in the Authorisation Framework.

16) The BSB will be publishing guidance shortly for prospective AETOs providing the work-based learning (pupillage) component.

17) For further guidance on the work-based learning component of Bar training (pupillage), including details of further changes to be implemented from September 2019 onwards, please see Part 2B of the Bar Qualification Manual.

18) Unsuccessful applicants may apply for a review of their application, in line with Rule Q34 of the BSB Handbook. For further guidance on the process of applying for a review, please see Part 2E (E1) of the Bar Qualification Manual.

Fees and charges

19) Prospective AETOs will be charged an application fee of £250.

20) We anticipate that in most cases, the application itself will suffice with no further steps (or assessment costs) required. Should we require more information a prospective AETO due to the complexity or scale of its proposed training pathway, indicative costs for the steps we will need to take to help us to assess the proposal include

  • Staff Time @ up to £500 per day;
  • Expert Advisor @ up to £400 per day;
  • Travel and other costs actually incurred.

Prospective AETOs will not be charged a per-capita authorisation or an intake fee.

21) Successful applicants for AETO status will not be subject to a renewal process as the majority of those providing the training will be paying a Practising Certificate Fee (PCF) which already covers the associated costs of supervision by the BSB. This supervision will be risk-based and targeted only where it is necessary to ensure standards are being met. AETOs will, however, be required to notify the BSB of any material change in their pupillage arrangements.

22) We will review our fees at least every two years and take mitigating action to address over/under-recovery of our costs.