Employed Practice Non-Authorised Body

Employed Practice Non-Authorised Body

Employed Practice – non-authorised body

Applying for a practising certificate and authorisation to practise 2017/18

Please read the ‘Schedule of Practising Certificate Fees 2017-18 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 details
ID 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 employer’s details (Please note these details will be published)
Employer’s name
Number and Name of 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 or when your new arrangement began (DD/MM/YYYY)
Is your employer an authorised body? (If ‘yes’ please complete the ‘Employed practice: authorised (non-BSB) body’ Form or the ‘Employed practice: BSB authorised body’ Form) / Yes / No
An authorised body is a body that has been authorised by an approved regulator to undertake reserved legal activities.
Exercising Rights of Audience
Are you exercising rights of audience? If no, go to ‘Supplying legal services to the public’ / Yes / No
Are you supplying legal services only to your employer or to those listed in rS39.2 to rS39.6 of the BSB Handbook? / 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 (rights of audience)? / Yes / No
2 / Have you been entitled to exercise full Rights of Audience (during which you have made practice as a barrister or other authorised person your primary occupation) for at least one year 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’ to question 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 (rights of audience) who is readily available to provide guidance to you. Please state the name of your qualified person (rights of audience)
Qualified Person (rights of audience) in employment (if necessary)
If your qualified person (rights of audience) 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) 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
Supplying legal services to the public (please complete this section only if you have not provided details of a qualified person (rights of audience))
Are you providing legal services to the public? / Yes / No
If no, go to ‘conducting litigation’
Are you supplying legal services only to your employer or to those listed in rS39.2 to rS39.6 of the BSB Handbook? / 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 / 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 question 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 state the name of your qualified person (supplying legal services to the public)
Qualified Person (supplying legal services to the public) in employment (if necessary)
If your qualified person (supplying legal services to the public) 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? / Yes / No
(if ‘no’ please go to section 3)
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
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)
Do you provide legal services only to your employer or to those listed in rS39.2 to rS39.6 of the BSB Handbook? / 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 (litigation)? / Yes / No
2 / 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 (litigation)? / Yes / No
If ‘no’ to question 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 (litigation) who is readily available to provide guidance to you. Please state the name of your qualified person (litigation)
Please give the name of your qualified person (litigation)
In what capacity is the qualified person (litigation) 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 under Section C of the Qualification Rules in the BSB Handbook.’
(N.B. This declaration relates to your CPD requirements until 31 December 2016. The CPD requirements for barristers on the Established Practitioners Programme changed from 1 January 2017). / 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 PCF and Bar Representation Fee (BRF)
There are six rates of PCF related to income bands as outlined in the following table:
An employed barrister must declare the income band appropriate to their gross earnings for the tax year ending March 2016, as shown on P60 or similar documents.
Income Banding / Practising Certificate Fee / Bar Representation Fee / Pro Bono Donation / Total / Please tick in which banding you fall
£0 - £30,000 / £123 / £100 / £30 / £253
£30,001 - £60,000 / £246 / £100 / £30 / £376
£60,001- £90,000 / £494 / £100 / £30 / £624
£90,001 - £150,000 / £899 / £100 / £30 / £1,029
£150,001 - £240,000 / £1,365 / £100 / £30 / £1,495
£240,001 and above / £1,850 / £100 / £30 / £1,980
I enclose my payment of £
Bar Representation Fee (BRF)
Much of the Bar Council’s work as the representative body for barristers is supported by the funds raised through the Bar Representation Fee (BRF). Below is a snapshot of what the Bar Council achieved thanks to funding received through BRF payments:
  • Holding the Lord Chancellor to account for her failure to defend the independence of the judiciary in the face of attacks from the media following the Article 50 High Court ruling
  • The highly regarded Bar Wellbeing project
  • Working to protect and enhance international work opportunities during and beyond Brexit, and through the Brexit working group, identifying issues and proposing solutions to Government, and
  • Working to further the interests of and highlight the issues facing the Young Bar, and much more.
If you want to support the Bar Council’s work in these areas and in other essential matters for the profession, please pay the BRF.
In return the Bar Council ensures you have access to the following benefits:
  • Listing on the Direct Access Portal (DAP) if you accept direct access instructions. The DAP is the most comprehensive online directory of barristers accepting direct access instructions. This is an exclusive benefit only available to barristers who pay the BRF. The potential new business that the DAP can generate for you far outweighs the cost of paying the BRF.
  • Unlimited copies of Certificates of Good Standing (otherwise £100 per certificate)
  • Monthly subscription to Counsel magazine (otherwise £100 a year), and
  • Discounts on Bar Council services and products offered with preferential benefits for the Bar, including an exclusive online discount portal.
If you make use of only some of these benefits you would likely save in excess of the £100 BRF payment. If you are self-employed this is tax deductible.
You can now also pay the BRF by direct debit for £8.34 per month. Contact the Bar Council Member Services team to set up a direct debit payment or click here to get more details of the services to which your BRF payment provides access to Click here to complete a direct debit instruction.
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.
If you wish to pay the BRF please confirm the benefits you wish to receive from the details outlined below:
Your monthly copy of Counsel magazine, including access to Counsel online
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
Communications from carefully selected Service Partners detailing offers and benefits
Bar Council Remuneration Committee Newsletter
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:
  1. 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,
  2. I agree to the recipient of any enquiries providing the information requested, and
  3. 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.
I understand that I am personally responsible for the contents of my application, and any information submitted by me, or on my behalf, in support of the application.
I confirm that I have checked the information provided by myself, and others on my behalf, within, and in support of, this application and that this information is both full and accurate.
If a change in circumstances affects the accuracy of the information provided, I will inform the Bar Council as soon as reasonably practicable and, in any event, within 28 days of such change.
I understand that, if I, or anyone acting on my behalf, do not provide full and accurate information within, and in support of, this application, that this may result in my application being refused or my practising certificate being amended, or revoked on the grounds of professional misconduct. I understand that if I become authorised to practise by another approved regulator, this may result in my practising certificate being revoked.
I hereby make the declaration set out above.
Signed: / Dated:
Checklist – please ensure that you have:
  • Read the guidance notes
  • Signed and dated section 4 and 7 of this form
  • Fully answered all the questions that apply to you, and
  • Contacted the Records Office to pay via credit or debit card.

Please email this form to:
Alternatively post your form to:
Records Office
The Bar Council
289-293 High Holborn, London
WC1V 7HZ
DX 240 LDE
Or fax your form to 020 7831 9217