Review - Guidelines - Bar Standards Board

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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.
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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)
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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.
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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
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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
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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.
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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
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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”.
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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.
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