Guidance Notes – General Procedure for applications and ...



[pic]

REGULATORY ASSURANCE DEPARTMENT

AUTHORISATIONS TEAM

CRITERIA AND GUIDELINES FOR TRANSFERRING QUALIFIED LAWYERS

These Notes are divided into two sections:

Section A. Guidance Notes – General Procedure for applications and appeals

Section B. Criteria for applications

|Nature of Application |Brief Summary |

|Application by Qualified European Lawyers |Applications where the applicant is a Qualified European Lawyer as defined in |

| |the Handbook |

|Application for registration as a Registered European Lawyer|Applications pursuant to the European Establishment Directive 98/5/EC of 16 |

| |February 1999 |

|Applications by Registered European Lawyers for membership |Applications by a Registered European Lawyer as defined in the Handbook after |

|of the Bar |three years’ regular and effective practice to join the Bar |

|Applications by Qualified Foreign Lawyers |Applications by a Qualified Foreign Lawyer as defined in the Handbook |

|Applications by Law Teachers |Applications by teachers of the law of England and Wales for relaxation of the |

| |usual requirements for Call to the Bar and entry into practice |

|Application for Temporary Membership of the Bar |To allow an applicant to appear in court in England and Wales to conduct a |

| |specific case or cases only |

|Applications by Qualified Solicitors |Applications by solicitors admitted and enrolled in England & Wales or Northern|

| |Ireland for relaxation of the usual requirements for Call to the Bar and entry |

| |into practice |

|Applications for Reduction in Pupillage/work-based learning |Applications by those who have both been called to the Bar and enrolled as a |

|for Barristers who have also qualified as Solicitors |solicitor and who are seeking a reduction in pupillage/work-based learning |

|Application for Admission to the Bar from a person who has |Application by those who have been granted rights of audience by another |

|been granted rights of audience by another Approved |Approved Regulator, other than the SRA |

|Regulator, other than the SRA | |

| Applications for exemption |Applications by those who do not fit into any of the above categories. |

A. Guidance Notes – General Procedure for applications and appeals

1 General

1. In these Notes, the Bar Standards Board and its staff are referred to as the “the BSB”. The BSB Handbook is referred to as “the Handbook”. The Bar Qualification Rules, which constitute Section 4B of the Handbook, are referred to as “BQR”.

2. These Notes set out the criteria and guidelines which the BSB applies in considering applications and should be read carefully and in conjunction with the Handbook.

1. How applications are dealt with

1. Applications must be made on the current designated application, available from the BSB’s website, and accompanied by the relevant application fee.

2. Applications may either be submitted as hard-copies by post or as scanned copies by email. All applications must contain a hand-written signature.

3. The application fees for each type of application are listed on the BSB website. The preferred method of payment is bank transfer (BACS), the details for which are:

|Bank Name: |Royal Bank of Scotland |

|Branch Name: |Childs, Fleet Street |

|Sort Code: |15-80-00 |

|Account No: |62428522 |

|Account Name/Alias: |General Council of the Bar |

|Currency: |GBP |

|Bank Identifier Code (BIC): |RBOSGB2L |

|International Bank Account No (IBAN): |GB60RBOS15800062428522 |

When paying by BACS, you must ensure with your bank that the BSB receives the full amount in Sterling: ie, you must pay all charges of your bank and agents charges, including those of the BSB. This may include a handling charge levied by RBS if the issuing bank does not pay all bank charges.

• Please put a reference of “AUTH” against your name on the transaction to help identify the payment.

• Please provide proof of payment/a copy of your payment receipt with your application.

• If someone else is paying the fee on your behalf, please confirm the name of the person making the payment and any reference quoted.

If you are unable to pay by BACS, you may submit payment by cheque (made payable to the ‘Bar Standards Board’) or by credit/debit card. Please call the Authorisations Team on 020 7611 1444 to make a card payment.

Details of the Fee Waiver Policy are available on the BSB website.

4. All applications contain a declaration that the applicant has read, understood and complied with these Criteria and Guidelines.

5. Applications are considered and determined under the powers of the Bar Standards Board. The Bar Standards Board has delegated to BSB staff the ability to take decisions within the criteria and guidelines set out in this document.

6. An applicant must ensure that all supporting evidence is sent with the application form. Where original certificates or certified copies are required, these must be sent in hard-copy or emailed directly to the BSB by the awarding institution.

• Any hard-copy documents will be scanned upon receipt. To facilitate this process, please ensure that documents supplied with an application are not stapled or submitted in individual plastic wallets.

• If an application requires their original documents to be returned, they must provide a pre-paid envelope for this purpose. If the documents are to be returned by courier, it is the applicant’s responsibility to arrange for the courier and pay any necessary charges.

7. An application will not be treated as “complete” until the application form, required supporting documentation and application fee have been received. The BSB may request further information or documentation be supplied in support of an application, but applicants should note that it is the primary responsibility of the applicant to provide all relevant information and supporting evidence.

• Applicants should exercise judgement when selecting supporting evidence and ensure that only documentation that is relevant to the criteria set out in this document is supplied.

It is usually not appropriate to supply examples of work with an application. Any applicant who does supply such examples should ensure that documents that refer to third parties (e.g. clients) are suitably redacted so as to ensure anonymity. Any application that is supported by unredacted material will be returned to the applicant.

8. The BSB will take into account all the circumstances of the particular application and will apply the guidelines set out in these Notes.

9. All applications will be acknowledged in writing within seven days of receipt of the complete application form.

10. The BSB normally deals with all applications within eight weeks of receipt and notifies applicants of its decision within 10 days of a decision.

11. The BSB will treat all applications and any supporting documentation provided in the strictest confidence.

12. All enquiries about applications whether proposed or pending should be addressed to the BSB.

2. Reviews and Appeals

1. Any applicant who is dissatisfied with a decision may request a review of the decision.

2. Any request for a review must be made on the designated application form and accompanied by the relevant application fee within one month of notification of the relevant decision and must be accompanied by the appropriate application fee. All requests will be acknowledged in writing within seven days of receipt.

3. Review Panels deal with reviews of decisions as if the application was being dealt with afresh, applying the guidelines set out in these Notes. A Review Panel shall be entitled to have such regard to the original decision, and to uphold, vary or take into account such decision, as in its absolute discretion it feels appropriate.

4. Applications for review are normally determined within 10 weeks of receipt. Should it not be possible to deal with a review within this timescale, the applicant will be notified.

5. All enquiries about reviews whether proposed or pending should be addressed to the BSB.

6. Where a Review Panel has determined a review of a decision, there is no procedure under the BQR for a further review. A Review Panel may review its own decisions under section B10 of the BQR but is not obliged to carry out such a further review. Any person dissatisfied with a determination of a Review Panel is advised to take independent legal or other appropriate advice.

7. Rule Q39 provides that where the BQR provide for a review by the BSB of a decision, no appeal may be made to the High Court unless such a review has taken place.

8. Rule Q40 provides that subject to Rule Q39, a person or organisation who is adversely affected by a decision of the BSB may appeal to the High Court, in accordance with the Civil Procedure Rules.

Online Resources

BSB website: .uk

Applications forms and guidance notes: .uk/qualifying-as-a-barrister/current-requirements/forms-and-guidelines/applications-authorisations,-exemptions,-waivers-and-reviews/

Contact details

authorisations@.uk

Authorisations Team

Regulatory Assurance Department

Bar Standards Board

289-293 High Holborn

London

WC1V 7HZ

DX: 240 LDE

Tel: 020 7611 1444

B. Criteria for Applications

| |Applications by Qualified European Lawyers |

|Introduction |

|The expression “Qualified European Lawyer” has the meaning ascribed to it in Part 6 of the Handbook: |

|“Qualified European Lawyer” means a person who is a national of a Relevant State and who either: |

|holds a diploma required in a Relevant State for the practice of a legal profession regulated by that State which diploma satisfies the |

|requirements of Regulation 22(1)(a) of the European Qualification Regulations; or |

|satisfies the requirements of Regulation 22(1)(b) of the European Qualification Regulations. |

|Applications may be made: |

|Using the hard-copy application form available from the BSB website; or |

|Using the online system. Please email authorisations@.uk for information on how to access the system. |

|For details of the application fee, please refer to the Bar Standards Board website: |

|.uk/qualifying-as-a-barrister/current-requirements/forms-and-guidelines/applications-authorisations,-exemptions,-wai|

|vers-and-reviews/ |

|Rules |

|To be eligible to apply to the BSB as a European lawyer for exemptions from the prescribed Components of training, the applicant must be a |

|Qualified European Lawyer. The relevant rules are contained in section B7 of the BQR. |

|Information and documentation |

|An applicant will be required to provide the following information and documentation: |

|Original diploma/certificate entitling the applicant to practise in the home jurisdiction |

|Original of any other certificates on which the applicant wishes to rely |

|Any evidence on which the applicant relies to demonstrate that the applicant is of good character and repute |

|Certified English translations of any documents above that are in a language other than English |

|Particulars of any previous application which the applicant has made under the BQR or where appropriate under the Bar Qualifications Rules or|

|the Consolidated Regulations. |

|Guidelines |

|A Qualified European Lawyer will normally be required to take all, or part of, the Bar Transfer Test if (a) the matters covered by the |

|education and training of the applicant differ substantially from those covered by the Academic, Vocational and Professional Components of |

|training; and (b) the knowledge acquired by the applicant in the course of the applicant’s professional experience does not fully cover this |

|substantial difference. |

|Any applicant who seeks exemption from all or part of the Bar Transfer Test must submit evidence dealing fully with the matters referred to |

|at 1.6 (a) and (b) above. |

|However, a practising member of the Bar of Ireland who has been in independent practice for the three years immediately preceding his/her |

|application will not normally be required to take any part of the Bar Transfer Test. |

|Applicants approved under the BQR are automatically exempt from the requirement to undertake pupillage/work-based learning. However, the |

|applicant may find it beneficial (and applicants are strongly encouraged) to complete some period of pupillage/work-based learning on a |

|voluntary basis, including attendance at the Advocacy and Practice Management courses. |

|From 1 September 2020, all transferring lawyers are required to complete 10 Qualifying Sessions which are organised by their Inn in |

|accordance with the Framework for the provision of Qualifying Sessions before they are Called to the Bar. Applicants should contact their Inn|

|for further details of the sessions on offer. |

|Compulsory Courses |

|1.11 All applicants will be required to undertake the New Practitioners Programme during their first three years of practice as a |

|barrister. |

1.

| |Application for registration as a Registered European Lawyer |

|Introduction |

|The expression “Registered European Lawyer” has the meaning ascribed to it in Part 6 of the Handbook. |

|“Registered European Lawyer” means a European Lawyer registered as such by the Board and by an Inn. |

|Any applicant who wishes to become a Registered European Lawyer must apply to the BSB on the prescribed application form. |

|For details of the application fee, please refer to the Bar Standards Board website: |

|.uk/qualifying-as-a-barrister/current-requirements/forms-and-guidelines/applications-authorisations,-exemptions,-wai|

|vers-and-reviews/ |

|Rules |

|The relevant rules governing applications to the BSB for registration as a Registered European Lawyer are in section 2D3 of the Handbook. |

|Details |

|Any applicant who wishes to become a Registered European Lawyer may apply to the BSB for a direction that he be registered by the Bar |

|Standards Board and by the Inn of the applicant’s choice as a Registered European Lawyer. |

|Information and Documentation |

|All applicants will be required to provide the following information and documentation: |

|2.6.1 A certificate, not more than three months old, proving the applicant’s registration with the competent authority in the applicant’s |

|home Member State as a lawyer qualified to practise under the applicant’s home country professional title |

|2.6.2 Evidence to show that the applicant is of good character and repute |

|2.6.3 Evidence that the applicant is not suspended or prohibited from practising in the applicant’s Member State by virtue of professional |

|misconduct or commission of a criminal offence |

|2.6.4 Evidence that the applicant has not been adjudicated bankrupt or been the subject of a similar order in any jurisdiction |

|2.6.5 Evidence of the professional body of which the applicant is a member in the applicant’s home Member State and of the judicial authority|

|before which the applicant is entitled to practise |

|2.6.6 Evidence that the applicant holds professional indemnity insurance equivalent to the insurance required by the Bar Code of Conduct |

|2.6.7 Certified translations of every certificate and other document on which the applicant relies which is not in the English language. |

|The application shall also contain or be accompanied by the following: |

|A certificate, not more than three months old at the date of receipt of the application by the BSB, attesting to the registration of the |

|applicant with the competent authority in the applicant’s home State as a lawyer qualified to practise in the applicant’s home State under |

|the applicant’s home professional title. |

|A declaration that: |

|(1) the applicant has not on the ground of professional misconduct or the commission of a criminal offence been prohibited from practising in|

|the applicant’s home State and is not currently suspended from so practising; |

|(2) no bankruptcy order or directors disqualification order has been made against the applicant and the applicant has not entered into an |

|individual voluntary arrangement with the applicant’s creditors; |

|(3) the applicant is not aware of any other circumstances relevant to his fitness to practise under the applicant’s home professional title |

|in England and Wales; and |

|(4) the applicant is not registered with the Law Society of England and Wales, of Scotland or of Northern Ireland. |

|Guidelines |

|On receipt of a certificate satisfying the requirements of 2.7.1 above and a declaration satisfying the requirements of 2.7.2 above, the BSB |

|shall direct that the applicant be registered by the Bar Council and by one of the Inns as a Registered European Lawyer, and the direction |

|shall be given effect by the Bar Standards Board and by such of the Inns as shall receive the applicant’s application for membership. |

|On making such direction the BSB shall inform the competent authority in the applicant’s home State by whom the certificate referred to in |

|2.7.1 above has been made. |

|A Registered European Lawyer shall be subject to the Handbook in the manner provided for in section 2D3. |

|A Registered European Lawyer applying for exemption from the requirement under section 2D3 to take out professional indemnity insurance shall|

|provide to the BSB evidence to establish that the applicant is covered by insurance taken out or a guarantee provided in accordance with the |

|rules of the applicant’s home State, and that such insurance or guarantee is equivalent in terms of conditions and extent of cover to the |

|conditions and extent of cover required pursuant to the BSB Handbook. |

|If the BSB is fully satisfied in respect of such matters, it may exempt the applicant wholly from the requirement to take out professional |

|indemnity insurance in accordance with the Handbook. |

|If the BSB is satisfied that the equivalence is only partial, it may require that additional insurance or an additional guarantee be |

|contracted by the applicant to cover the elements which are not already covered by the insurance or guarantee contracted by the applicant in |

|accordance with the rules of the applicant’s home State. |

|The insurance requirements in the BSB Handbook are set out at rC76. |

|Insurance may be provided by insurers in England and Wales, or in the applicant’s home jurisdiction. Insurance arranged by the applicant’s |

|home profession is accepted, provided it covers the applicant’s activities in England and Wales, and complies with the standards set out |

|above. |

|A Registered European Lawyer may only use the professional title or name conferred by the home jurisdiction and may not use the title |

|“barrister” or “barrister-at-law”. All professional documents must indicate that the practitioner is a Registered European Lawyer and |

|identify the professional body with whom the applicant is registered in the home state. |

|Registered European Lawyers may appear as advocates in any court or tribunal where the right of audience is unrestricted but may not appear |

|as advocates in a court where such rights are limited unless they appear together with a barrister or an advocate who does have a right of |

|audience in that court. |

| |Applications by Registered European Lawyers |

|Introduction |

|The expression “Registered European Lawyer” has the meaning ascribed to it in Part 6 of the Handbook: |

|“Registered European Lawyer” means a European Lawyer registered as such by the Board and by an Inn. |

|Applications by Registered European Lawyers must be made on the prescribed application form. |

|For details of the application fee, please refer to the Bar Standards Board website: |

|.uk/qualifying-as-a-barrister/current-requirements/forms-and-guidelines/applications-authorisations,-exemptions,-wai|

|vers-and-reviews/ |

|Rules |

|To be eligible to apply to the Bar Standards Board as a Registered European Lawyer for exemptions from the prescribed Components of training,|

|the applicant must be a Registered European Lawyer (see section 2 above). The relevant rules governing these applications are contained in |

|section B7. |

|Details |

|A Registered European Lawyer may apply for exemption from the training normally required by the BQR. To be eligible to apply to the BSB for |

|exemption, an applicant must: |

|3.5.1 Have been registered with the General Council of the Bar as a Registered European Lawyer for a period of at least three years; |

|and either |

|3.5.2 For a period of at least three years have effectively and regularly pursued in England and Wales under a Home Professional Title |

|professional activities in the law of England and Wales; |

|or |

|3.5.3 For a period of at least three years have effectively and regularly pursued in England and Wales professional activities under a Home |

|Professional Title and for a period of less than three years have effectively and regularly pursued in England and Wales under a Home |

|Professional Title professional activities in the law of England and Wales. |

|Information and documentation |

|All applicants will be required to provide the following information and documentation: |

|3.6.1 A certificate, not more than three months old, proving the applicant’s registration with the competent authority in the applicant’s |

|home Member State as a lawyer qualified to practise under the applicant’s home country professional title |

|3.6.2 Evidence to show that the applicant is of good character and repute |

|3.6.3 Evidence that the applicant is not suspended or prohibited from practising in the applicant’s Member State by virtue of professional |

|misconduct or commission of a criminal offence |

|3.6.4 Evidence that the applicant has not been adjudicated bankrupt or been the subject of a similar order in any jurisdiction |

|3.6.5 Evidence of the professional body of which the applicant is a member in the applicant’s home Member State and of the judicial authority|

|before which the applicant is entitled to practise |

|3.6.6 Evidence that the applicant holds professional indemnity insurance equivalent to the insurance required by the Handbook |

|3.6.7 Any documentary evidence to support details given in section 3 of legal activities that you have effectively and regularly pursued in |

|England and Wales since registration as a Registered European Lawyer. |

|3.6.8 (Only in the case of applicants to whom 3.5.3 above applies) any documentary evidence to support details given of knowledge and |

|professional experience of English law |

|3.6.9 Certified translations of every certificate and other document on which the applicant relies which is not in the English language. |

|Guidelines |

|The BSB will assess the applicant’s effective and regular pursuit of a professional activity in England and Wales in English law. It may |

|request that the applicant provide, orally or in writing, clarification of or further details of the information and documentation provided |

|in sections 3 & 4 of the application form. |

|An applicant will not usually be required to pass the Bar Transfer Test unless the BSB considers that the applicant is unfit to practise as a|

|barrister. |

|Applicants to whom 3.5.3 above applies may be interviewed by the BSB to consider whether the applicant should be required to pass the Bar |

|Transfer Test. The interview will (a) take into account the professional activities the applicant has pursued while a Registered European |

|Lawyer and any knowledge and professional experience gained of, and any training received in, the law of any part of the United Kingdom and |

|of the rules of professional conduct of the Bar; and (b) assess and verify the applicant’s effective and regular pursuit of professional |

|activities and capacity to continue the activities pursued. |

|From 1 September 2020, all transferring lawyers are required to complete 10 Qualifying Sessions which are organised by their Inn in |

|accordance with the Framework for the provision of Qualifying Sessions before they are Called to the Bar. Applicants should contact their Inn|

|for further details of the sessions on offer. |

| |Applications by Qualified Foreign Lawyers |

|Introduction |

|The expression “Qualified Foreign Lawyer” has the meaning ascribed to it in Part 6 of the Handbook: |

|“Qualified Foreign Lawyer” means a person who is a member of a legal profession regulated in a jurisdiction outside England and Wales and |

|entitled to practise as such. |

|Applications by Qualified Foreign Lawyers must be made on the prescribed application form. |

|For details of the application fee, please refer to the Bar Standards Board website: |

|.uk/qualifying-as-a-barrister/current-requirements/forms-and-guidelines/applications-authorisations,-exemptions,-wai|

|vers-and-reviews/ |

|Rules |

|The relevant rules governing applications to the BSB by Qualified Foreign Lawyers for exemptions from the prescribed Components of training |

|are contained in section B7. |

|Details |

|A Qualified Foreign Lawyer may apply to the BSB for exemption from the Academic, Vocational and/or Professional Components of training. If |

|the Qualified Foreign Lawyer has for a period of at least three years regularly exercised rights of audience in courts which administer law |

|substantially similar to the common law of England and Wales, the BSB will grant exemption from the Academic and Vocational Components, and, |

|if it thinks fit, from part, or all, of the Professional Component of training. Exemptions will usually be granted conditional on passing |

|some or all sections of the Bar Transfer Test. |

|For the purpose of 4.5 above, courts in the following jurisdictions are deemed to administer law substantially similar to the common law of |

|England and Wales: |

| |

|Anguilla |

|Antigua & Barbuda |

|Australia |

|Bahamas |

|Bangladesh |

|Barbados |

|Belize |

|Bermuda |

|Botswana |

|British Virgin Islands |

|Canada |

|Cayman Islands |

|Dominica |

|Ghana |

|Grenada |

|Guyana |

|Hong Kong India |

|Isle of Man |

|Israel |

|Jamaica |

| |

| |

|Malawi |

|Malaysia |

|Montserrat |

|Namibia |

|New Zealand |

|Nigeria |

|Northern Ireland |

|Pakistan |

|Papua New Guinea |

|Scotland |

|Singapore |

|South Africa |

|Sri Lanka |

|St Kitts & Nevis |

|St Lucia |

|St Vincent & the Grenadines |

|Sri Lanka |

|Trinidad & Tobago |

|Turks & Caicos |

|United States of America |

|Zambia |

|Zimbabwe |

| |

| |

|Other Qualified Foreign Lawyers may be granted exemptions from the Academic, Vocational and/or Professional Components of training. Any |

|exemptions granted would normally be subject to passing some, or all, of the Bar Transfer Test. |

|Information and documentation |

|The application must include: |

|4.6.1 Particulars of the educational and professional qualifications relied on; |

|4.6.2 The originals of the documents relied on to prove those qualifications; |

|4.6.3 Evidence to establish that the applicant is of good character and repute; |

|4.6.4 A certificate no more than three months old at the date of receipt of the application by the BSB attesting that the applicant has not |

|been prohibited from practising in the jurisdiction in which the applicant is qualified on the ground of commission of a criminal offence or |

|professional misconduct and is not currently suspended from practising on such grounds. |

|The following certificates will be accepted as evidence of the relevant matters: |

|Applicant |As to Qualification |As to Good Standing |

|Northern Ireland |Certificate of Call to the Bar, stating the date |Certificate of the Attorney-General of Northern |

| |when practice commenced |Ireland that the applicant is a fit and proper |

| | |person to be Called to the Bar |

|Scottish Advocate |Certificate of the Dean of the Faculty of |Certificate of the Dean of the Faculty of Advocates |

| |Advocates, stating that the applicant is a member|that the applicant is a fit and proper person to be |

| |of the Faculty and the date when practice |Called to the Bar |

| |commenced | |

|All Other Applicants |Evidence of academic and professional |A Certificate of Good Standing not more than three |

| |qualifications (original certificates or |months old at the date of receipt of the application|

| |certified copies) |to the BSB, supplied in a sealed envelope from |

| | |applicant’s regulating body showing that: |

| | | |

| | |The applicant has been admitted to practise as a |

| | |lawyer |

| | | |

| | |The applicant is a fit and proper person to the |

| | |called to the Bar |

| | | |

| | |The applicant has not been prohibited from |

| | |practising in the jurisdiction in which applicant is|

| | |qualified on the ground of commission of a criminal |

| | |offence or professional misconduct and is not |

| | |currently suspended from practising on such grounds.|

|4.7.1 All certificates must be supplied in a sealed envelope over-stamped with the official stamp or seal of the awarding institution. |

|Guidelines |

|Bar Transfer Test |

|A barrister of the Northern Ireland Bar who has been practising as such for not less than three years immediately before the date of the |

|application will be granted unconditional exemption from the Academic and Vocational components of training. |

|The BSB will normally exempt all other applicants from the Academic and Vocational components of training, but this will usually be |

|conditional upon passing the Bar Transfer Test or some part or parts of it. |

|The BSB will not require an applicant to pass a section of the Bar Transfer Test, where the applicant can demonstrate that he has already |

|acquired the relevant knowledge and/or skills through education, training and/or experience. The BSB will require an applicant to pass all |

|other sections of the Test. Examples are as follows: |

|An applicant who holds a law degree from a common law jurisdiction will usually not be required to pass the Academic Component sections of |

|the Bar Transfer Test. |

|All applicants will normally be required to pass the sections of the Bar Transfer Test relating to Civil and Criminal procedure, unless they |

|have significant experience of practice in England and Wales. |

|All applicants will normally be required to pass the Advocacy and Professional Ethics sections of the Bar Transfer Test, unless there are |

|exceptional circumstances justifying an exemption. |

|The relevant sections of the Bar Transfer Test should be completed within two years from receipt of decision letter. Applicants who fail to |

|meet this deadline will be required to apply for an extension of time to the BSB in good time, with evidence as to why an extension of time |

|is required. |

|Pupillage/work-based Learning |

|A Northern Ireland barrister who has completed pupillage (devilling) in Northern Ireland will be granted full exemption from further |

|pupillage/work-based learning in England and Wales. |

|An applicant who does not have any experience of practice in a jurisdiction whose law is substantially similar to the common law of England |

|and Wales (see para 4.5 above) will normally be required to undertake six months’ non-practising pupillage/work-based learning and six |

|months’ practising pupillage/work-based learning. |

|An applicant with less than five years’ experience of practice in a common law jurisdiction will normally be required to undertake three |

|months’ non-practising pupillage/work-based learning and six months’ practising pupillage/work-based learning. |

|An applicant with more than five years’ experience of practice in a common law jurisdiction will normally be required to undertake three |

|months’ non-practising pupillage/work-based learning and three months’ practising pupillage/work-based learning. |

|4.16 Applicants with more than 10 years’ experience in a common law jurisdiction may be granted exemption from the non-practising period of |

|pupillage/work-based learning but will normally be required to undertake three months’ practising pupillage/work-based learning. In |

|exceptional circumstances, a full exemption from pupillage/work-based learning may be granted. Applicants who have been appointed Senior |

|Counsel (or equivalent) are not automatically exempt from a requirement to undertake pupillage/work-based learning, but this will be one of |

|the factors taken into account. Other relevant considerations in this respect may include, in addition to the applicant’s seniority, the |

|nature of the applicant’s practice, and the experience and familiarity of the applicant with practice in England and Wales. |

|Qualifying Sessions |

|4.17 From 1 September 2020, all transferring lawyers are required to complete 10 Qualifying Sessions which are organised by their Inn in |

|accordance with the Framework for the provision of Qualifying Sessions before they are Called to the Bar. Applicants should contact their Inn|

|for further details of the sessions on offer. |

|Compulsory Courses |

|4.18 Applicants required to undertake a period of non-practising period of pupillage/work-based learning will usually be required to |

|undertake the pupillage/work-based learning advocacy course. Applicants required to undertake any period of pupillage/work-based learning |

|will usually be required to undertake the practice management course. |

|4.19 All applicants will be required to undertake the New Practitioners Programme during their first three years of practice as a barrister. |

| |Applications for admission to the Bar as a Law Teacher |

|Introduction |

|Any applicant who wishes to be admitted to the Bar as a Law Teacher must apply to the BSB on the prescribed application form. |

|For details of the application fee, please refer to the Bar Standards Board website: |

|.uk/qualifying-as-a-barrister/current-requirements/forms-and-guidelines/applications-authorisations,-exemptions,-wai|

|vers-and-reviews/ |

|Rules |

|The relevant rules governing applications to the BSB by Law Teachers for exemptions from the prescribed Components of training are contained |

|in section B7. |

|Details |

|A teacher of the law of England and Wales may apply to the BSB for exemption from the Academic, Vocational and/or Professional Components of |

|training. |

|Information and Documentation |

|The following should be attached to the application form: |

|References from at least one senior legal academic, such as a Head of Department or Vice Chancellor; |

|Any other supporting evidence that the applicant wishes to submit. |

|Guidelines |

|If the applicant satisfies the BSB that the applicant is of sufficient experience and academic distinction, it will grant exemption from the |

|Academic and Vocational components of training and, if it thinks fit, from part, or all, of the Professional Component of training. |

|The following are particularly relevant matters for applications, and must be addressed in the application form: |

|The academic achievements of the applicant |

|An applicant would normally be expected to have gained a national and/or international reputation in their area of research |

|The seniority standing and distinction of the applicant as a teacher of law |

|An applicant would normally be expected to have reached at least the level of Senior Lecturer within a university |

|If the applicant is exempted from the Academic and Vocational components of training, this is likely to be subject to passing Part B of the |

|Bar Transfer Test. The applicant is likely to be required to undertake a period of pupillage/work-based learning, usually three months |

|non-practising and six months practising. |

|The BSB may consider allowing an applicant to divide his or her pupillage/work-based learning into blocks of non-continuous periods, for |

|example to accommodate university teaching obligations. |

|From 1 September 2020, all applicants are required to complete 10 Qualifying Sessions which are organised by their Inn in accordance with the|

|Framework for the provision of Qualifying Sessions before they are Called to the Bar. Applicants should contact their Inn for further details|

|of the sessions on offer. |

|Compulsory Courses |

|5.11 Applicants required to undertake a period of non-practising period of pupillage/work-based learning will usually be required to |

|undertake the pupillage/work-based learning advocacy course. Applicants required to undertake any period of pupillage/work-based learning |

|will usually be required to undertake the practice management course. |

|5.12 All applicants will be required to undertake the New Practitioners Programme during their first three years of practice as a |

|barrister. |

| |Application for Temporary Call to the Bar of Qualified Foreign Lawyers |

|Introduction |

|The expression “Qualified Foreign Lawyer” has the meaning ascribed to it in Part 6 of the Handbook: |

|“Qualified Foreign Lawyer” means a person who is a member of a legal profession regulated in a jurisdiction outside England and Wales and |

|entitled to practise as such. |

|Any applicant who is seeking Temporary Call to the Bar as a Qualified Foreign Lawyer must apply to the BSB on the prescribed application |

|form. |

|For details of the application fee, please refer to the Bar Standards Board website: |

|.uk/qualifying-as-a-barrister/current-requirements/forms-and-guidelines/applications-authorisations,-exemptions,-wai|

|vers-and-reviews/ |

|Rules |

|The relevant rules governing applications to the BSB by Qualified Foreign Lawyers for Temporary Call to the Bar are Rules Q98-100. |

|Details |

|The applicant must be a Qualified Foreign Lawyer who has for a period of at least three years regularly exercised full rights of audience in |

|courts which administer law substantially similar to the common law of England and Wales. |

|Information and Documentation |

|To obtain a Temporary Qualification Certificate, the applicant must provide |

|Evidence that the applicant is a Qualified Foreign Lawyer who has for a period of at least three years regularly exercised full rights of |

|audience in courts which administer law substantially similar to the common law of England and Wales. |

|A Certificate of Good Standing |

|Evidence that a professional client wishes to instruct the applicant to appear as counsel in the case or cases in respect of which the |

|applicant seeks temporary call. A letter from the professional client concerned is usually sufficient. |

|Guidelines |

|The applicant must be able to identify the cases in which the solicitors wish to instruct the applicant, and it is therefore helpful if the |

|solicitors give that information. |

|Temporary Call to an Inn of Court and of the Bar ends automatically on conclusion of the case or cases for which the applicant was |

|temporarily called. |

| |Application for Admission to the Bar as a Solicitor |

|Introduction |

|7.1 A solicitor may apply to the BSB for exemption from the Academic, Vocational and/or Professional Components of training. |

|7.2 Any applicant who is seeking admission to the Bar as a Solicitor must apply to the BSB on the prescribed application form. |

|7.3 For details of the application fee, please refer to the Bar Standards Board website: |

|.uk/qualifying-as-a-barrister/current-requirements/forms-and-guidelines/applications-authorisations,-exemptions,-wai|

|vers-and-reviews/ |

|Rules |

|7.4 The relevant rules governing these applications are contained in section B7. |

|Information and Documentation |

|7.5 The information and documentation which must be provided with the completed application form is as follows: |

|7.5.1 Particulars (1) of the educational or professional qualifications which entitled the solicitor to be admitted as a solicitor; (2) his |

|or her admission; and (3) any period of practice as a solicitor |

|7.5.2 A certificate of good standing issued by the Law Society of England & Wales or the Law Society of Northern Ireland not more than three |

|months old at the date of receipt of the application to the BSB. |

|7.5.3 A declaration in the form set out in the application form |

|7.5.4 Evidence (where applicable) that the solicitor is or has been entitled to exercise rights of audience as a solicitor, specifying the |

|rights concerned and the manner in which the solicitor has or had become entitled to exercise such rights |

|7.5.5 Any other representation or evidence on which the solicitor may wish to rely in support of any application to be wholly or partially |

|exempted from any Component of training prescribed by the BQR. |

|Guidelines |

|7.6 Any solicitor unable to provide the certificate or give the declaration referred to above may still make an application, and the BSB will|

|approve the application if it is satisfied that the circumstances (including those resulting in the solicitor’s inability to provide the |

|certificate or give the declaration) are not such as to make it undesirable for the solicitor to be called to the Bar and to practise as a |

|Barrister |

|Solicitors with higher rights of audience in both civil and criminal proceedings |

|7.7 Solicitors with higher rights of audience in both civil and criminal proceedings: |

|7.7.1 Shall be wholly exempt from the Academic, Vocational and Professional Components of training |

|7.7.2 Rule Q10 applies: “In the case of an applicant who is authorised to practise by another Approved Regulator or who is a Qualified |

|European Lawyer, a Certificate of Good Standing is to be treated as conclusive evidence that the applicant is a fit and proper person to |

|become a practising barrister.” |

|Solicitors with higher rights of audience in either civil or criminal proceedings |

|7.8 Solicitors with higher rights of audience in either civil or criminal proceedings: |

|7.8.1 Shall be wholly exempt from the Academic and Vocational components of training |

|7.8.2 Shall be exempt from the Professional component of training unless the BSB determines (having regard in particular to the experience, |

|previous practice and intended future practice of the solicitor) that there are exceptional circumstances applying to the solicitor, in which|

|case the BSB may require the solicitor to undertake part, or all, of the practising period of pupillage/work-based learning. |

|7.8.3 Rule Q10 applies: “In the case of an applicant who is authorised to practise by another Approved Regulator or who is a Qualified |

|European Lawyer, a Certificate of Good Standing is to be treated as conclusive evidence that the applicant is a fit and proper person to |

|become a practising barrister.” |

|Solicitors without higher court rights of audience |

|7.9 Solicitors without higher court rights of audience: |

|7.9.1 Shall be exempt from the Academic and Vocational components of training, but this may be conditional upon passing the Advocacy and |

|Professional Ethics parts of the Bar Transfer Test |

|7.9.2 The BSB will usually require solicitors to take the Advocacy part of the Bar Transfer Test, unless they have significant advocacy |

|experience. All will be required to take the Professional Ethics part of the Test, unless they are able to demonstrate knowledge of and |

|experience of applying the BSB Handbook. |

|7.9.3 Solicitors without higher court rights of audience will almost always be required to undertake at least some period of |

|pupillage/work-based learning. |

|7.9.4 A newly qualified solicitor will usually be required to undertake six months of non-practising pupillage/work-based learning and six |

|months of practising pupillage/work-based learning. |

|7.9.5 A solicitor of less than five years’ experience will usually be required to undertake three to six months of non-practising |

|pupillage/work-based learning and six months of practising pupillage/work-based learning. |

|7.9.6 A solicitor of more than five years’ experience may be exempted from the whole of the non-practising period of pupillage/work-based |

|learning or required to undertake up to three months of such period and will usually also be required to undertake three months of practising|

|pupillage/work-based learning. |

|7.9.7 In determining the precise period of pupillage/work-based learning to be required in any case the BSB will take into account the nature|

|and extent of the solicitor’s experience, including in particular the amount of advocacy experience. |

|7.9.8 If a solicitor has been out of practice for a significant period the BSB will take that fact into account when determining whether to |

|require either, or both, of the Advocacy and Professional Ethics parts of the test to be passed and the precise period of |

|pupillage/work-based learning to be undertaken. |

|7.9.9 Rule Q10 applies: “In the case of an applicant who is authorised to practise by another Approved Regulator or who is a Qualified |

|European Lawyer, a Certificate of Good Standing is to be treated as conclusive evidence that the applicant is a fit and proper person to |

|become a practising barrister.” |

|All Solicitor applicants |

|7.10 From 1 September 2020, all transferring lawyers are required to complete 10 Qualifying Sessions which are organised by their Inn in |

|accordance with the Framework for the provision of Qualifying Sessions before they are Called to the Bar. Applicants should contact their Inn|

|for further details of the sessions on offer. |

| Compulsory Courses |

|7.11 Applicants required to undertake any period of non-practising period of pupillage/work-based learning will usually be required to |

|undertake the pupillage/work-based learning advocacy course. Applicants required to undertake any period of pupillage/work-based learning |

|will usually be required to undertake the practice management course. |

|7.12 All applicants will usually be required to undertake all other components of the New Practitioners Programme during their first three|

|years of practice as a barrister, including the Advocacy and Ethics sections. |

|8. |Application for Reduction in Pupillage/work-based learning for a Barrister who has also qualified as a Solicitor |

|8.1 An individual who was called to the Bar and then qualified as a solicitor may apply for a reduction in pupillage/work-based |

|learning. Similar criteria will apply to those for transferring solicitors (see 7 above). |

|9. |Application for Admission to the Bar from a person who has been granted rights of audience by another Approved Regulator |

| |other than the SRA |

|Introduction |

|9.1. Any applicant who wishes to be admitted to the Bar as a person who has been granted rights of audience by another Approved Regulator |

|other than the SRA must apply to the BSB on the prescribed application form. |

|For details of the application fee, please refer to the Bar Standards Board website: |

|.uk/qualifying-as-a-barrister/current-requirements/forms-and-guidelines/applications-authorisations,-exemptions,-wai|

|vers-and-reviews/ |

|Rules |

| The relevant rules governing applications from applicants who have been granted rights of audience by another approved regulator, are |

|contained in section B7, rQ96 and rQ97.1 of the Bar Qualification Rules. |

|Rule Q96.1 - If the Bar Standards Board is satisfied that an applicant falls within Rule Q96, the Bar Standards Board will: |

|.1 exempt the applicant from the Academic Component and the Vocational Component, and, if the Bar Standards Board thinks fit, from part, or |

|all, of the Professional Component of Training |

|.2 if the applicant is exempted from the whole of the non-practising six months of pupillage/work-based learning, issue the applicant with a |

|provisional qualifications certificate. |

|Rule Q97.1 - The following categories of person fall within this Rule: |

|.1 a person who has been granted rights of audience by another Approved Regulator and is entitled to exercise those rights in relation to any|

|class of proceedings in any of the Senior Courts or all proceedings in county courts or magistrates’ courts in England and Wales; |

|Details |

|A person who has been granted rights of audience by another Approved Regulator and is entitled to exercise those rights in relation to any |

|class of proceedings in any of the Senior Courts or all proceedings in county courts or magistrates’ courts in England and Wales may apply to|

|the BSB for exemption from the Academic, Vocational and/or Professional Components of training. |

|Approved regulators: |

|Chartered Institute of Legal Executives (CILEX) |

|Council for Licensed Conveyancers |

|Chartered Institute of Patent Attorneys (CIPA) |

|Institute of Trade Mark Attorneys |

|Association of Costs Lawyers |

|Masters of the Faculties |

|Institute of Chartered Accountants in England and Wales |

|Information and Documentation |

|The information and documentation which must be provided with the completed application form is as follows: |

|Details of the applicant’s educational and professional qualifications and experience. |

|Evidence (where applicable) that the applicant is or has been entitled to exercise rights of audience before any court, specifying the rights|

|concerned and the basis of the applicant’s entitlement to exercise such rights. |

|Any other representation or evidence on which the applicant wishes to rely in support of the application. |

|Guidelines |

|An exemption from part, or all, of any component of training may be granted unconditional to or subject to: |

|a requirement to undertake training in substitution for training prescribed by these regulations; and/or |

|a condition that the applicant must pass all or part of the Bar Transfer Test. |

|When considering what conditions to impose, the BSB will have regard to all relevant circumstances of the particular applicant. |

|9.7 From 1 September 2020, all transferring lawyers are required to complete 10 Qualifying Sessions which are organised by their Inn in |

|accordance with the Framework for the provision of Qualifying Sessions before they are Called to the Bar. Applicants should contact their Inn|

|for further details of the sessions on offer. |

|9.8 In exercising any discretion whether to grant an exemption, the BSB will determine whether the relevant knowledge and experience of the |

|applicant make it unnecessary for the applicant to undertake such training. The BSB will take into consideration all particular |

|circumstances of the case in coming to a decision. |

|10. |Application for Exemption from those not falling into any of the above categories |

|Introduction |

| |

| |

| |

| |

| |

| |

| |

|10.1 Rule Q79 provides that the Board may grant exemptions from part, or all, of: |

|(a) the Academic Component |

|(b) the Vocational Component, and/or |

|(c) the Professional Component, |

|of training. |

|10.2 Any applicant who is seeking admission to the Bar as a Solicitor must apply to the BSB on the prescribed application form. |

|10.3 For details of the application fee, please refer to the Bar Standards Board website: |

|.uk/qualifying-as-a-barrister/current-requirements/forms-and-guidelines/applications-authorisations,-exemptions,-wa|

|ivers-and-reviews/ |

|Details |

|10.4 An exemption from part, or all, of any Component of training may be granted unconditionally or subject to conditions, which may include|

|in an appropriate case: |

|(a) a requirement to undertake training in substitution for training prescribed by these regulations; and/or |

|(b) a condition that the applicant must pass a Bar Transfer Test. |

|When considering what conditions to impose, the BSB will have regard to all relevant circumstances of the particular applicant. |

|Information and Documentation |

|10.5 The application must contain or be accompanied by the following: |

|10.5.1 Details of the applicant’s educational and professional qualifications and experience |

|10.5.2 Evidence (where applicable) that the applicant is or has been entitled to exercise rights of audience before any court, specifying |

|the rights concerned and the basis of the applicant’s entitlement to exercise such rights |

|10.5.3 Any other representations or evidence on which the applicant wishes to rely in support of the application |

|10.5.4 Verified English translations of every document relied on which is not in the English language |

|Guidelines |

|10.6 From 1 September 2020, all transferring lawyers are required to complete 10 Qualifying Sessions which are organised by their Inn in |

|accordance with the Framework for the provision of Qualifying Sessions before they are Called to the Bar. Applicants should contact their |

|Inn for further details of the sessions on offer. |

|10.7 The BSB will have principal regard to the following: |

|10.7.1 The grant of an exemption from part, or all, of any one of the three Components of training is a discretionary and exceptional |

|course, because the BQR provide that the Components must be completed in full. |

|10.7.2 In exercising any discretion whether to grant an exemption, the BSB will determine whether the relevant knowledge and experience of |

|the applicant make it unnecessary for the applicant to undertake such training. |

|10.7.3 The BSB will have particular regard to the extent to which an applicant demonstrates satisfaction of the Threshold Standard described|

|for each of the competencies of the BSB’s Professional Statement. Further details can be found on this page of the BSB’s website: |

| |

|10.8 Because of the wide-ranging nature of potential circumstances which might suggest that an application is exceptional, it is not |

|possible to set out any definitive guidance as to particular instances when the BSB would be prepared to exercise its discretion and grant |

|an exemption. The BSB will take into account all the particular circumstances of the case in coming to a decision. |

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download