Chapter 8: Practising Certificate Rules

Question 1

1 Eligibility for a Practising Certificate

Answer 1

(a) You are eligible for a PRACTISING CERTIFICATE if you are a BARRISTER and you are not currently SUSPENDED from practice and have NOT been DISBARRED; and

Question 2

(b) You meet the requirements in rS46 (below) and you have EITHER:

Answer 2

(i) held a practising certificate within the last 5 years; or,

(ii) satisfactorily completed (or been exempted from) 12 months of pupillage within the last five years; or

(iii) satisfactorily completed the non-practising period of 6 months pupillage (first-six) ; or;

(1) In this case you would only be eligible for a Provision Practising Certificate

(iv) If none of the above, you have complied with such training as may be required by the BSB.

Question 3

2 Full Practising Certificates

Answer 3

(a) You are eligible for a FULL PRACTISING CERTIFCATE if either:

(i) You have satisfactorily completed 12 months pupillage; or

(ii) You have been exempted from completing 12 months pupillage;

Question 4

3 Provisional Practising Certificates

Answer 4

(a) You are eligible for a PROVISIONAL PRACTISING CERTIFICATE if you have completed or been exempted from first 6 pupillage and at the time you apply for a provisional practising certificate you are registered as a pupil.

Question 5

4 Litigation Extensions

(a) You are eligible for a LITIGATION EXTENSION:

Answer 5

(b) Where you have been or are due to be granted a FULL practising certificate: and
(c) Where you are:

(i) More than 3 years standing; or

Question 6

4 Litigation Extensions

(a) You are eligible for a LITIGATION EXTENSION:

(b) Where you have been or are due to be granted a FULL practising certificate: and

(ii) Less than 3 years standing but you can be supervised by a Relevant Qualified Person (3(c)(iii) above);

Answer 6

(d) You have the relevant ADMINISTRATIVE SYSTEMS in place to be able to provide legal services direct to clients and to administer the conduct of litigation; and

(e) You have the PROCEDURAL KNOWLEDGE to enable you to conduct litigation competently.

(f) You do not require a Litigation Extension before conducting litigation if you are a barrister employed by the CPS or a Government barrister employed by the Treasury Solicitors. However, you will not be authorised to conduct litigation outside your employment by one of these bodies (e.g. if you undertake work in a Legal Advice Centre), without obtaining a litigation extension.

Question 7

5 Guidance on Practising Certificates for Pupils and Newly Qualified Barristers

(a) BSB Guidance on Practising Certificates for Pupils and Newly Qualified Barristers was reissued in January 2019.

Answer 7

e a PROVISIONAL PRACTISING CERTIFICATE. This includes exercising rights of audience.

Question 8

(b) On Completing a Non-Practising Period of pupillage

(i) You cannot conduct or undertake reserved legal activities in your second six until you have a…

Answer 8

PROVISIONAL PRACTISING CERTIFICATE. This includes exercising rights of audience

Question 9

(ii) To obtain a PROVISIONAL PRACTISING CERTIFICATE you must:

Answer 9

(1) Complete the Non-Practising period;

(2) Submit a certificate of completion of the non-practising period to the BSB;

[a] This should be signed by the Pupil Supervisor

[b] If the Pupil Supervisor is unavailable it may be signed by the Head of Chambers or Director of Pupil Training instead

[c] If the Pupil Supervisor is happy to sign the certificate early, it should be submitted a week in advance

(3) Register a Practising Period of Pupillage with the BSB

Question 10

Guidance on Practising Certificates for Pupils and Newly Qualified Barristers

(iii) Once the BSB has received the required forms you will be sent an email confirming that you are authorised to perform reserved legal activities and the effective date of that authorisation. You will then be issued with a Provisional Practising Certificate.

Question 11

Guidance on Practising Certificates for Pupils and Newly Qualified Barristers

do you need TO wait until you have received a physical Provisional Practising Certificate?

Answer 11

NO!

(iv) You do not need to wait until you have received a physical Provisional Practising Certificate provided you have received the email from the BSB and you do not perform any reserved legal activity before the effective date of authorisation.

Question 12

(c) On Completing a Practising Period of Pupillage

HOW LONG IS A (A Provisional Practising Certificate valid for beyond the completion of your Practising Period?

Answer 12

30 DAYS!

Question 13

(c) On Completing a Practising Period of Pupillage

(ii) You can apply for an extension of your Provisional Practising Certificate if necessary.

Question 14

(iii) Your Provisional Practising Certificate only allows you to carry out reserved legal activities with the PERMISSION OF….

Answer 14

of your pupil- supervisor or head of chambers. If such permission is withdrawn at any time your Provisional Practising Certificate will cease to be valid.

Question 15

(d) “Third Six”

is a “third six” covered by a Provisional Practising Certificate?

Answer 15

NO!

(i) A “third six” is not covered by a Provisional Practising Certificate. You will need a Full Practising Certificate to commence a third six period.

Question 16

(e) To obtain a FULL PRACTISING CERTIFICATE you must:

Answer 16

(i) Complete a Practising Period;
(ii) Submit a certificate of completion the BSB;
(iii) Submit your pupillage checklist and a completed Records form.
(iv) If satisfied, the BSB will issue a Full Qualification Certificate

Question 17

(f) Application for a Practising Certificate

(i) You may apply for a practising certificate by:

Answer 17

(1) Completing the relevant application form

[a] This is now an online application using the ‘MyBar’ system;

(2) Submitting such information in support of the application as the BSB may require;

(3) Paying the appropriate practising certificate fee.