Practising Certificate Rules

Question 1

Rules on Eligibility for a practicing certificate?

Answer 1

rS45

Eligibility for a Practising Certificate

(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
(b) You meet the requirements in rS46 (below) and you have EITHER:
(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 2

When are you eligible for a full practising certificate?

Answer 2

rS46.1

Full Practising Certificates

(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 3

When are you eligible for a provisional practising certificate?

Answer 3

rS46.2

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 4

When are you eligible for Litigation extensions?

Answer 4

rS47

(a) You are eligible for a LITIGATION EXTENSION:
(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
(ii) Less than 3 years standing but you can be supervised by a Relevant Qualified Person (3(c)(iii) above);

(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 5

What happens at the end of the completing the non-practising period of pupillage?

Answer 5

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 PROVISIONAL PRACTISING CERTIFICATE. This includes exercising rights of audience.
(ii) To obtain a PROVISIONAL PRACTISING CERTIFICATE you must:
(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
(iii) Once the BSB has received these 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.
(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 6

What happens at the completion of the practising period of pupillage?

Answer 6

On Completing a Practising Period of Pupillage

(i) A Provisional Practising Certificate is valid for 30 days beyond the completion of your Practising Period.
(ii) You can apply for an extension of your Provisional Practising Certificate if necessary.
(iii) Your Provisional Practising Certificate only allows you to carry out reserved legal activities with the PERMISSION 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.

NOTE - 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 7

What about Third Six?

Answer 7

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 8

How do you obtain a FULL PRACTISING CERTIFICATE?

Answer 8

To obtain a FULL PRACTISING CERTIFICATE you must:

(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 9

How do you make the application for a practising certificate?

Answer 9

rS48

Application for a Practising Certificate

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

Question 10

How do you make an application for a Litigation extension?

Answer 10

rS49

Application for a Litigation Extension

(i) You may apply for a litigation extension to a practising certificate by:
(1) Completing the application form and sending it to the BSB;
(2) Confirming that you have or are due to be granted a practising certificate;
(3) Paying the application fee and the litigation extension fee;
(4) Confirming in such form as the BSB may require from time to time that you meet the requirements for administrative systems and procedural knowledge.

Question 11

What are the relevant miscellaneous rules about the application process you need to know?

Answer 11

rS50 and 51

(a) The BSB may require from the applicant or a 3rd party such additional information, documents or references as it considers appropriate.

rS52

(b) You are PERSONALLY RESPONSIBLE for the application and any accompanying information submitted to the Bar Council. You must not submit information which you do not believe is FULL and ACCURATE.
(c) You may apply for a reduction in the fee for your practising certificate if your gross fee income is less than the amount determined by the Bar Council.