Application to the Qualifications Committee for a Review CRITERIA AND GUIDELINES Guidance Notes – General Procedure for applications and appeals 1 General 1.1 In these Notes, the BSB Handbook is referred to as “The Handbook”. The Bar Training Rules, which constitute Section 4B of the Handbook, are referred to as “BTR”. 1.2 These Notes set out the criteria and guidelines which the Qualifications Committee applies in considering applications, and should be read carefully and in conjunction with the BTR and the Application Form. 1.3 The Qualifications Committee is not empowered to review the Handbook or the BTR. 2 Reviews and Appeals 2.1 The BTR provides for a review by the Bar Standards Board of the following: i) A decision of the Inns’ Conduct Committee on the admission and or conduct of a student (Rules rQ19 and rQ110) ii) A decision by the Bar Standards Board on approval or withdrawal of approval of a Pupillage Training Organisation (rQ42) iii) A refusal by the Bar Standards Board to register a pupillage or to issue a provisional or full qualification certificate (rQ66) iv) A decision by the Qualifications Committee on exemptions from training requirements (rQ85) v) A decision by an Inn that a student is not entitled to be called to the Bar (rQ115) amended 18 March 2014 1 vi) A decision by the Bar Standards Board on approval or removal from the register of a pupil supervisor (rQ59) The Bar Standards Board has delegated this review power to the Qualifications Committee. 2.2 In addition, the Qualifications Committee will, on request, review any decision of any of its Panels, even where this is not provided for by the BTR. This includes: i) A decision by the Bar Standards Board as to whether to waive any of the Practising Requirements of the Code of Conduct (Part 3 of the Handbook) ii) A decision by the Bar Standards Board as to whether to waive or grant an extension of time for completion of a barrister’s CPD Requirements (Section 4C of the Handbook) iii) A decision by the Bar Standards Board on an application for approval as a licensed access client (Section 2D2 of the Handbook) iv) A decision by the Bar Standards Board as to whether to waive the Pupillage Funding and Advertising Requirements (Section 4D1.3 of the Handbook) v) A decision by the Bar Standards Board on an application for authorisation to conduct litigation 2.3 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. All requests will be acknowledged in writing within 7 days of receipt. 2.4 All reviews are dealt with on paper only. 2.5 The Qualifications Committee deals with reviews of decisions as if the application was being dealt with afresh by the Qualifications Committee. The Qualifications Committee 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. 2.6 The Qualifications Committee normally deals with all review requests within 10 weeks of receipt and notifies applicants of its determination within 10 days of a decision. Should it not be possible to deal with a review within this timescale, the applicant will be notified. amended 18 March 2014 2 2.7 All enquiries about reviews whether proposed or pending should be addressed to the secretary to the Qualifications Committee (see below). 2.8 Where the full Qualifications Committee has determined a review of a decision, there is no procedure under the BTR for an appeal to the Qualifications Committee or the Bar Standards Board from such determination. However, the Qualifications Committee may review its own decisions under section B10 of the Handbook but is not obliged to carry out such a further review. Any person dissatisfied with a determination of the full Qualifications Committee is advised to take independent legal or other appropriate advice. 2.9 Where the BTR provide for a review, Rule rQ124 provides that subject to Rule rQ123, a person or organisation who is adversely affected by a decision of the BSB may appeal to the Visitors of the Inns of Court in accordance with the Hearings before the Visitors Rules. 2.10 Rule rQ123 provides that where the BTRs provide for a review by the BSB of a decision, no appeal may be made to the Visitors to the Inns of Court unless such a review has taken place. There is generally no appeal to the Visitors to the Inns of Court against decisions where the BTR does not provide for a review. However, the Visitors to the Inns of Court have indicated that they will hear appeals against decisions on review on applications for waiver from the Pupillage Funding and Advertising Requirements. 2.11 3 From 7 January 2014, the jurisdiction of the Visitors to the Inns of Court will be replaced by the High Court. How applications are dealt with 3.1 Applications must be made in writing on the appropriate and current Application Form, accompanied by any supporting documentation and the requisite fee, for which the preferred method of payment is bank transfer (BACS), the details for which are: Bank: Messrs. Child & Co Address: 1 Fleet Street London EC4Y 1BD Sort Code: 15.80.00 Account: The General Council of The Bar Account No: 66050206 Swift Code: RBOSGB2L Child Bank Identifier Code (BIC): RBOS GB 2L amended 18 March 2014 3 International Bank Account Number (IBAN): GB98 RBOS 1580 0066 0502 06 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 both your bank and agents charges, including those of the BSB: ie, the handling charge levied by RBS if the issuing bank does not pay all bank charges. PLEASE ALSO ENSURE YOU PUT A REFERENCE OF “QUALS” AGAINST YOUR NAME ON THE TRANSACTION TO IDENTIFY THE PAYMENT. If you are unable to pay by this method, please contact the Training Regulations Office for further advice. The application form and details of the Committee’s Fee Waiver Policy are available from the BSB (contact details below) or online (see below). Please note that applications will only be processed if made using the version of the appropriate Application Form current at the time the application is made. 3.2 Applicants who may have particular difficulties in following the standard application procedure or need reasonable adjustments related to a disability may contact the Secretary to the Qualifications Committee to discuss how these needs can be met. 3.3 All applications contain a declaration that the applicant has read, understood and complied with these Criteria and Guidelines. 3.4 All applications are dealt with on paper only. 3.5 An applicant must ensure that all supporting evidence is sent with the Application Form, and any failure to do so may result in delays in dealing with the application. In every case, the Qualifications Committee has the power to 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 rather than the task of the Qualifications Committee to ask for it. 3.6 However, 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. In particular, it is usually not appropriate to supply examples of work. 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. amended 18 March 2014 4 3.7 The Qualifications Committee will take into account all the circumstances of the particular application and will apply the guidelines set out in these Notes and the general outcome of the BTR set out at oQ1 4 3.8 The Qualifications Committee will treat all applications and any supporting documentation provided in the strictest confidence. 3.9 All enquiries about applications whether proposed or pending should be addressed to the Secretary to the Qualifications Committee (details below). Application Fees All Review applications have a fee of £200, except for applications for review of a decision not to grant a fee waiver, for which there is no application fee payable. Cheques should be made payable to “The General Council of the Bar”. 5 Online Resources www.barstandardsboard.org.uk Contact details Bar Standards Board 289-293 High Holborn London WC1V 7HZ DX: 240 LDE Tel: 020 7611 1444 Fax: 020 7831 9217 Chair: Rob Behrens Secretary to the Qualifications Committee: Joanne Dixon Please note that the Chair is unable to enter into correspondence with any applicant and so all correspondence and enquiries should be addressed to the Secretary to the Qualifications Committee. amended 18 March 2014 5