21 September 2019

Revisions to the BSB Handbook January 2019

We have published a new version of the BSB Handbook making a number of changes which are designed to clarify existing policy and practice. The amendments are as follows:

  • We have amended the wording of Core Duty 3 and some consequential Rules and guidance to read that "you must act with honesty, and with integrity" to make clear that a failure to act without either honesty or integrity is a breach of the Code.  This is in line with our existing approach.
  • We have amended Rule C73 concerning the holding of client money to make clear the position of  barristers who are employed by authorised non-BSB bodies so that the Rule now reads "Except where you are acting in your capacity as a manager or employeeof an authorised (non-BSB) body, you must not receive, control or handle client money apart from what the client pays you for your services."
  • We have amended Rule C94.7 to make clear that unregistered barristers are not to be regarded as "BSB authorised individuals"
  • We have amended Rule C131.1 to remove reference to the "permanent" retention of copies of all documents received from their lay clients by Public Access barristers to ensure this requirement is consistent with the General Data Protection Regulation.

We have amended the definition of a "lay person" in the Handbook to ensure that it is aligned with that in the Legal Services Act 2007 (Schedule 1 paragraph 2(4) and (5)).