Part 4 C (rQ130-135) Flashcards
Part 4: Qualification Rules
Part 4 - C. The CPD Rules Rules
The mandatory continuing professional development requirements (Rules Q130-Q131) Rules
rQ130
For the purpose of this Section 4.C:
.1 “calendar year” means a period of one year starting on 1 January in the year in question;
.2 “continuing professional development” (“CPD”) means work undertaken over and above the normal commitments of a barrister and is work undertaken with a view to developing the barrister’s skills, knowledge and professional standards in areas relevant to their present or proposed area of practice in order to keep the barrister up to date and maintain the highest standards of professional practice.
.3 “CPD Guidance” means guidance issued by the Bar Standards Board from time to time which sets out the CPD structure with which an EPP barrister should have regard to.
.4 “EPP” means the Established Practitioners Programme which requires barristers, once they have completed the NPP, to undertake CPD during each calendar year in accordance with these Rules.
.5 the “mandatory requirements” are those in Rules Q131 to Q138 below.
.6 “NPP” means the New Practitioner Programme which requires barristers to complete CPD in their first three calendar years of practice in accordance with these rules.
.7 a “ pupillage year” is any calendar year in which a barrister is at any time a pupil.
.8 a “ learning objective” is a statement of what a barrister intends to achieve through their CPD activities for that calendar year with reference to a specific aim and one or more outcomes.
RQ131
Any practising barrister who, as at 1 October 2001, had started but not completed the period of three years referred to in the Continuing Education Scheme Rules at Annex Q to the Sixth Edition of the Code of Conduct must complete a minimum of 42 hours of CPD during their first three years of practice.
Guidance to Rule Q131
gQ1
Rule rQ131 is intended to apply only in those limited circumstances where a barrister started practice before 1 October 2001 but after the NPP first came into force, left practice before completing the NPP, but has since returned. Rule rQ131 requires them to finish their NPP during whatever is left of their first three years of practice. The mandatory continuing professional development requirements (Rule Q132) Rules
RQ132
Any practising NPP barrister who starts practice on or after 1 October 2001 must during the first three calendar years in which the barrister holds a practising certificate after any pupillage year complete a minimum of 45 hours of CPD.
Guidance to Rule Q132
gQ2
NPP barristers should have regard to rQ137 and the NPP guidance which will note the details of any compulsory courses the NPP barristers must complete. It also provides guidance as to the types of activities that count towards CPD.
The mandatory continuing professional development requirements (Rules Q133-Q134) Rules
rQ133
Subject to Rule Q136, any EPP barrister who holds a practising certificate or certificates during a calendar year must undertake CPD.
rQ134
An EPP barrister who is required to undertake CPD must:
1. prepare a written CPD Plan setting out the barrister’s learning objectives and the types of CPD activities they propose to undertake during the calendar year
2. keep a written record of the CPD activities the barrister has undertaken in the calendar year
3. keep a written record in the CPD Plan for each calendar year of:
a. the barrister’s reflection on the CPD they have undertaken;
b. any variation in the barrister’s planned CPD activities; and
c. the barrister’s assessment of their future learning objectives.
4. Retain a record of the CPD Plan and completed CPD activities for three years.
5. submit to the Bar Standards Board an annual declaration of completion of CPD in the form specified by the BSB.
Guidance to Rules Q133-Q134
gQ3
EPP barristers who are required by these Rules to undertake CPD should refer to the CPD Guidance. The CPD Guidance provides further detailed information which EPP barristers should have regard to when planning, undertaking and recording their CPD. The CPD Guidance is not prescriptive. Its purpose is to provide a structure that would represent good practice for most barristers when considering their CPD requirements.
gQ4
The CPD Guidance explains that these Rules do not specify a minimum number of CPD hours which an EPP barrister must undertake in a calendar year: it is the responsibility of the individual barrister to determine the CPD activities they will undertake in order meet the requirements of CPD. The Bar Standards Board will assess and monitor barristers’ compliance with CPD.
gQ5
The underlying principle behind the requirement to plan CPD and set learning objectives is that barristers consider their own circumstances and development needs when they complete CPD activities. This best ensures that activities completed contribute to the development of the barrister’s practice.
The mandatory continuing professional development requirements (Rules Q135-Q138) Rules
rQ135
Upon the request of the Bar Standards Board, a barrister must produce their CPD Plan and record of CPD activities for assessment.
rQ136
Rule Q133 does not apply:
.1 in the case of a barrister to whom Rule Q131 applies, to any calendar year forming or containing part of the period of 3 years referred to in Rule
Q131; or
.2 in the case of a barrister to whom Rule Q132 applies, during any pupillage year or during the first three calendar years in which the barrister holds a practising certificate.
RQ137
The Bar Standards Board may, by resolution, specify the nature, content and format of courses and other activities which may be undertaken by barristers (or by any category of barristers) in order to satisfy the mandatory requirements.
RQ138
The Bar Standards Board may, by resolution and after consultation with the Inns, Circuits and other providers as appropriate, vary the minimum number of hours of CPD which must be completed by an NPP barrister in order to satisfy any of the mandatory requirements.
