Applying for a Practising Certificate and Authorisation to Practise 2015/16
Dual capacity practice
Applying for a practising certificate and authorisation to practise 2015/16
Please read the ‘Schedule of Practising Certificate Fees 2015-16 policy and guidance’ before completing this form.
Barristers returning to practice part way through the practising certificate year will not be authorised to practise until such time that they have made payment for their practising certificate fee and been issued with a practising certificate. It is a breach of the BSB Handbook to practise as a barrister when not authorised to do so. It is also a criminal offence to carry out any reserved legal activity when not authorised to do so.
If you are unsure whether or not the work you are undertaking requires you to hold a practising certificate then please contact the Ethical Enquiries Service on 020 7611 1307 or email
If you would like this form in a different format, please contact the Records Office on 020 7242 0934.
Section 1 : Your personal detailsMembership number
Surname
Forenames
Title
Date of Birth (DD/MM/YYYY)
Inn of Court
Date of Call
Number and name of street
District
Town
County
Post code
Country
Mobile
Home telephone
Personal email address
Section 2 : Practising details and entitlement to exercise reserved legal activities
Your main chambers’ details
Chambers name
Number and name of street
District
Town
County
Post code
Country
DX
Telephone
Fax
Professional email address
Website
Please enter the date you wish your Practising Certificate to commence. (DD/MM/YYYY)
Are you practising solely from your own premises as a sole practitioner? / Yes / No
If ‘no’,please complete the section below in relation to your employed practice.
If ‘yes’, please ensure that you are not required to work with a qualified person in relation to your self-employed practice. If you are required to do so, you may not complete this process. Please contact the Records Office on 020 7242 0934
Do you wish your sole practitioner chambers address to be published? / Yes / No
If No, do you wish your sole practitioner chambers contact numbers, email and/or website published?
Telephone / Yes / No
Fax / Yes / No
Professional Email Address / Yes / No
Website / Yes / No
Your main employer’s details
Employer’s name
Street
District
Town
County
Post code
Country
DX
Employer’s telephone number
Employer’s fax number
Practising email address
Employer’s website
Job title
Please enter the date you wish your Practising Certificate to commence.(DD/MM/YYYY)
Is your employer an authorised body? / Yes / No
(If ‘no’ go to Dual capacity questions)
An authorised body is a body that has been authorised by an approved regulator to undertake reserved legal activities.
If ‘yes’ are you working in a licensed body (i.e. alternative business structure) under Part 5 of the Legal Services Act 2007? / Yes
No
What is your position in a recognised or licensed body? (please select one) / Manager
Employee
Who is your employer regulated by? / SRA/CLC/other please specify
Dual capacityquestions
As you will be practising in a dual capacity, have you agreed (with each employer, or authorised body with which you are involved) a protocol enabling you to avoid or resolve any conflicts of interest or duties arising from practice and/or involvement in those capacities? / Yes / No
If ‘no’ please do not proceed with this application until you have agreed this, as you will not be able to be authorised to practise in a dual capacity until this has been agreed.
Please indicate which address will be your principal place of practice (please select one) (please note this will be the address to which all postal correspondence will be sent) / Chambers / Employer
Exercising Rights of Audience
Have you been entitled to exercise full Rights of Audience for at least three years (during which you have made practice as a barrister or other authorised person your primary occupation) or have you been granted a waiver from this requirement by the Bar Standards Board in respect of a qualified person (rights of audience)? / Yes / No
If ‘no’, then:
-In relation to your self-employed practice, you must work from the same chambers as a qualified person (rights of audience);
-In relation to your employed practice, if you are exercising rights of audience, you must work from an office of an organisation of which an employee, partner, manager or director is a qualified person (rights of audience) who is readily available to provide guidance to you, unless you are employed by a non-authorised body and providing services only to your employer or to those listed in rS39.2 to rS39.6 of the BSB Handbook, in which case please answer the following question:
Have you been entitled to exercise full Rights of Audience for at least one year (during which you have made practice as a barrister or other authorised person your primary occupation) or have you been granted a waiver from this requirement by the Bar Standards Board in respect of a qualified person (rights of audience)?
(If no, you must work from an office of an organisation of which an employee, partner, manager or director is a qualified person (rights of audience) who is readily available to provide guidance to you.) / Yes / No
Please provide the name of qualified person (Rights of Audience) in chambers (if necessary)
If your qualified person has changed since your last practising certificate was obtained please indicate the date of this change (DD/MM/YYYY)
In what capacity is the qualified person (rights of audience) in chambers authorised to practise? (for example, ‘barrister’ or ‘solicitor’)
Has the qualified person (rights of audience) practised as a barrister or other authorised person for at least six years in the previous eight years? / Yes / No
Has the qualified person (rights of audience) for the previous two years:
a) Made such practice their primary occupation? / Yes / No
b) Been entitled to exercise a right of audience before every court in relation to all proceedings? / Yes / No
Is the qualified person (Rights of Audience) intending to act as a qualified person in relation to more than two other people? / Yes / No
Please provide the name of the qualified Person (Rights of Audience) in employment (if necessary – if you are not exercising Rights of Audience in your employed capacity, please go to ‘supplying legal services to the public’)
If your qualified person has changed since your last practising certificate was obtained please indicate the date of this change (DD/MM/YYYY)
In what capacity is the qualified person (Rights of Audience) in employment authorised to practise? (for example, ‘barrister’ or ‘solicitor’)
Has the qualified person (Rights of Audience) practised as a barrister or other authorised person for at least six years in the previous eight years? / Yes / No
Has the qualified person (Rights of Audience) for the previous two years: / Yes / No
a)Made such practice their primary occupation? / Yes / No
b)Been entitled to exercise a right of audience before every court in relation to all proceedings? / Yes / No
Is the qualified person (Rights of Audience) intending to act as a qualified person in relation to more than two other people? / Yes / No
Supplying legal services to the public
(please complete this section only in respect of your employed practice – if you have already supplied details of a qualified person (Rights of Audience) for your employed practice, go to ‘conducting litigation’)
Are you providing legal services to the public? / Yes / No
If no, go to ‘conducting litigation’
Are you employed by a non-authorised body and supplying legal services only to your employer or to those listed in rS39.2 to rS39.6 of the BSB Handbook?
(i.e. not to members of the public, whether your own clients or clients of your employer) / Yes / No
If no, go to 1 below, if yes go to 2 below
1 / Have you been entitled to exercise full Rights of Audience for at least three years (during which you have made practice as a barrister or other authorised person your primary occupation) or have you been granted a waiver from this requirement by the Bar Standards Board in respect of a qualified person (supplying legal services to the public)? / Yes / No
2 / [If yes to second question above] Have you been entitled to exercise full Rights of Audience for at least one year (during which you have made practice as a barrister or other authorised person your primary occupation) or have you been granted a waiver from this requirement by the Bar Standards Board in respect of a qualified person (supplying legal services to the public)? / Yes / No
If ‘no’ to questions 1 or 2 above, you must work from an office of an organisation of which an employee, partner, manager or director is a qualified person (supplying legal services to the public) who is readily available to provide guidance to you
Please provide the name of the qualified Person (supplying legal services to the public) in employment (if necessary)
If your qualified person has changed since your last practising certificate was obtained please indicate the date of this change (DD/MM/YYYY)
In what capacity is the qualified person (supplying legal services to the public) authorised to practise? (for example ‘barrister’ or ‘solicitor’)
Has the qualified person (supplying legal services to the public) practised as a barrister or other authorised person for at least six years in the previous eight years? / Yes / No
Has the qualified person (supplying legal services to the public) for the previous two years made such practice their primary occupation? / Yes / No
Is the qualified person (supplying legal services to the public) intending to act as a qualified person in relation to more than two other people? / Yes / No
Conducting litigation
Have you been authorised to conduct litigation? (if ‘no’ please go to section 3) / Yes / No
Please indicate how you obtained authorisation (please select one)
As an employed barrister under the Employed Barristers (Conduct of Litigation) Rules that were in force prior to 6 January 2014 (PLEASE NOTE: You will not be able to conduct litigation in a self-employed capacity until you have applied for a litigation extension under the new process in operation since 22 January 2014)
By applying for a litigation extension since 22 January 2014
Please give the date on which your authorisation to conduct litigation was confirmed (DD/MM/YYYY)
Have you been entitled to exercise full Rights of Audience for at least three years (during which you have made practice as a barrister or other authorised person your primary occupation) or have you been granted a waiver from this requirement by the Bar Standards Board in respect of a qualified person (litigation)? / Yes / No
If ‘no’, then:
-In relation to your self-employed practice (if you are entitled to conduct litigation in that capacity), you must work from the same chambers as a qualified person (litigation);
-In relation to your employed practice you must work from an office of an organisation of which an employee, partner, manager or director is a qualified person (litigation) who is readily available to provide guidance to you, unless you are employed by a non-authorised body and providing services only to your employeror to those listed in rS39.2 to rS39.6 of the BSB Handbook, in which case please answer the following question:
Have you been entitled to exercise full Rights of Audience for at least one year (during which you have made practice as a barrister or other authorised person your primary occupation) or have you been granted a waiver from this requirement by the Bar Standards Board in respect of a qualified person (Rights of Audience)?
(If no, you must work from an office of an organisation of which an employee, partner, manager or director is a qualified person (litigation) who is readily available to provide guidance to you). / Yes / No
Please provide the name of the qualified person (litigation) in chambers (if necessary)
If your qualified person has changed since your last practising certificate was obtained please indicate the date of this change (DD/MM/YYYY)
In what capacity is the qualified person (litigation) in chambers authorised to practise? (for example, ‘barrister’ or ‘solicitor’)
Has the qualified person (litigation) practised as a barrister or other authorised person for at least six years in the previous eight years? / Yes / No
Has the qualified person (litigation) for the previous two years made such practice their primary occupation? / Yes / No
Is the qualified person (litigation) entitled to conduct litigation before every court in relation to all proceedings? / Yes / No
Is the qualified person (litigation) intending to act as a qualified person in relation to more than two other people? / Yes / No
Please provide the name of the qualified person (litigation) in employment (if necessary)
If your qualified person has changed since your last practising certificate was obtained please indicate the date of this change (DD/MM/YYYY)
In what capacity is the qualified person (litigation) in employment authorised to practise? (for example, ‘barrister’ or ‘solicitor’)
Has the qualified person (litigation) practised as a barrister or other authorised person for at least six years in the previous eight years? / Yes / No
Has the qualified person (litigation) for the previous two years made such practice their primary occupation? / Yes / No
Is the qualified person (litigation) entitled to conduct litigation before every court in relation to all proceedings? / Yes / No
Is the qualified person (litigation) intending to act as a qualified person in relation to more than two other people? / Yes / No
Please note: completion of sections 3, 4,5 and 7 is mandatory for all barristers.
Section 3 – Continuing Professional Development (CPD)
‘I confirm that I am up to date with my CPD as required underSection C of the Qualification Rules in the BSB Handbook.’ / Yes / No
If ‘no’ please indicate why you are not up to date with your CPD requirements:
(please select one option)
Granted an extension of time
Applied for an extension of time/waiver of hours, but decision not yet made
Application for retrospective one-off accreditation pending
I am completing the New Practitioners Programme and intend to complete my CPD requirements by my NPP completion date
I am applying for a practising certificate for the first time
CPD outstanding – no action taken or application for extension/waiver refused (please indicate below the action you intend to take)
Section 4 – Insurance declaration
‘I confirm that I have and will maintain insurance if and in so far as I am required to under the Code of Conduct in the BSB Handbook.’
Signed: / Dated:
Section 5 – Payment of the Practising Certificate Fee (PCF) and Bar Representation Fee (BRF)
There will be six rates of PCF related to income bands as outlined in the following table:
Gross Fee Earnings/Salary received during 2013/14 (applicable to both self-employed Bar and employed Bar)
Income Banding / Practising Certificate Fee / LSB/LeO Levy / Bar Representation Fee / Pro Bono Donation / Total / Please tick in which banding you fall
£0 - £30,000 / £100 / £9 / £100 / £30 / £239
£30,001 - £60,000 / £200 / £18 / £100 / £30 / £348
£60,001- £90,000 / £400 / £36 / £100 / £30 / £566
£90,001 - £150,000 / £725 / £69 / £100 / £30 / £924
£150,001 - £240,000 / £1,100 / £105 / £100 / £30 / £1335
£240,001 and above / £1,500 / £133 / £100 / £30 / £1763
Please contact the Records Office on 020 7242 0934, who will be able to advise you of the Practising Certificate Fee which is due from the date you recommence practice.
I enclose my payment of £
From this year the Members’ Services Fee becomes the Bar Representation Fee (BRF) in order more accurately to reflect the vital activities of the Bar Council that it supports, all of which are necessary to represent you and act as an effective professional body.
The voluntary BRF funds work which promotes the interests of the Bar to support your practices and promotes effective access to justice. The BRF helps to fund our lobbying and media activities, the issuing of remuneration guidance and representing the Bar domestically and internationally among other essential activities. We need your support to continue this important work, and to rise to the challenges ahead for the profession.
By paying the fee, you will also have access to a range of high quality goods and services that should, if used regularly over the course of the year, save you considerably more than the fee itself.
Method of payment:
/ Debit/credit card
(please contact the Records Office on 020 7242 0934 to arrange payment)
Section 6 – Communication preferences
Completion of the authorisation to practise process will mean that your details appear in the publicly available Barristers’ Register published by the Bar Standards Board. The Bar Standards Board may contact you in relation to regulatory matters.
In addition, payment of the compulsory Practising Certificate Fee (PCF) will automatically opt you in to having your practising details in the Bar Directory/ Legal Hub published by the Bar Council.
Payment of the BRF will automatically opt you in to receiving the details outlined below.
If you do not wish to receive these details, please opt-out by ticking the boxes below:
Your Bar Membership Card which shows your bar membership number
Your monthly copy of Counsel magazine, including access to Counsel online
An Entry in the Bar Directory including the Legal Hub
Communications from the Bar Council informing you of the benefits you are entitled to
Communications from the Bar Council about events and training opportunities
Access to the online discounts and benefits portal, Xexec
Occasional communications from carefully selected Service Partners detailing offers and benefits
Remuneration Guidance
Occasional surveys of the profession for policy development and to fulfil the Bar Council’s statutory requirements’
If you do not pay the BRF but still want to hear about our offers and benefits, please opt-in to receiving communications sent directly from the Bar Council’s Member Services Team
Section 7 : Declaration of truth
In making this application for a practising certificate:
- I agree to the Bar Council (acting by the Bar Standards Board) making any enquiries that it considers appropriate for the consideration of my application,
- I agree to enquiries being made before and whilst I am registered, including enquiries overseas which may involve the transfer of personal data outside the European Economic Area,
- I agree to the recipient of any enquiries providing the information requested, and
- I confirm that I have read the Privacy policy and I agree to my personal data (including sensitive personal data) being processed in accordance with the policy.