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Guidance to Rule C64
gC92 Your obligations under Rule rC64 include, for example, responding promptly to any request from the Bar Standards Board for comments or information relating to any matter whether or not the matter relates to you, or to another BSB regulated person or unregistered barrister . gC92A A notice under rC64.4 refers to a notice under any part of the Legal Services Act 2007, or the Legal Services Act 2007 (General Council of the Bar) (Modification of Functions) Order 2018. gC93 Removed from 15 June 2026.
Rule C65 - Duty to report certain matters to the Bar Standards Board
rC65 You must report promptly to the Bar Standards Board if: .1 you are charged with an indictable offence; in the jurisdiction of England and Wales or with a criminal offence of comparable seriousness in any other jurisdiction; .2 subject to the Rehabilitation of Offenders Act 1974 (as amended) you are convicted of, or accept a caution, for any criminal offence , in any jurisdiction, other than a minor criminal offence ; .3 you (or an entity of which you are a manager ) to your knowledge are the subject of any disciplinary or other regulatory or enforcement action by another Approved Regulator or other regulator, including being the subject of disciplinary proceedings; .4 you are a manager of a ...
Regulations E203-E219 - The sanction
rE203 If the Disciplinary Tribunal finds any of the charges or applications proved against a respondent , it may hear evidence of any previous: .1 finding of professional misconduct by a Disciplinary Tribunal or under the determination by consent procedure ; or .2 disqualification order; or .3 finding of a breach of proper professional standards by the Bar Standards Board or any other regulator .4 adverse finding on a charge consisting of a legal aid complaint; made in respect of the respondent , or, where the proved charge(s) concerns a BSB entity , in respect of that body or any person employed in the BSB entity directly implicated by the charges rE204 After hearing any representations by or on behalf of the respondent(s) , ...
Part 5 - A5. Appeals
rE54 An applicable person has a right to appeal from a decision to impose an administrative sanction . That appeal is to an appeal panel nominated by the President in the same composition as a three-person panel constituted under rE141 of the Disciplinary Tribunal Regulations . rE55 An appeal, if made, shall be made by the applicable person sending to the Commissioner, within 28 days of the imposition of the administrative sanction , a notice identifying the decision appealed against, the decision the applicable person contends for, the grounds of such appeal and a statement whether the applicable person requires their appeal to be disposed of at an oral hearing. If the applicable person does not expressly request an oral ...
C. Commencement and Transitional Provisions
rI12 This version (5.0) of the Handbook came into force on 15 June 2026 and replaced version 4.9 of the Handbook (which came into effect from 5 May 2026). rI13 Subject to rI14 below, in respect of anything done or omitted to be done or otherwise arising before 6 January 2014: .1 Parts 2 and 3 of this Handbook shall not apply; .2 the edition of the Code of Conduct or relevant Annexe in force at the relevant time shall apply; and .3 any reference to Part 2, Part 3 or Part 5 of this Handbook shall include reference to the corresponding Part of the edition of the Code of Conduct or relevant Annexe which was in force at the ...
Rules C99-C109 - Complaints rules
Complaints handling procedures rC99A .1 You must have a first-tier complaints handling procedure which: .a enables clients to make a complaint free of charge; .b is prominent and accessible; .c sets out the steps that will be taken in resolving a complaint ; .d explains how a complaint will be handled; .e provides information on the possible outcomes of a complaint ; .f is effectively communicated to each client in a format or formats reasonably tailored for the client’s circumstances, having due regard to their information needs; and .g makes provision for a client to be able to make a complaint in a way that is reasonable and accessible to the client . .2 You must ensure your first-tier complaints ...
Regulations E251-E253 - Delegation
rE251 The powers and functions conferred by these Regulations on a Directions Judge may be exercised by any other Judge or King's Counsel nominated by the President , including the Judge or King’s Counsel designated in the Convening Order as Chair of the Disciplinary Tribunal appointed to hear and determine the charge or charges against the respondent , if the Directions Judge is unable to act due to absence, or for any other reason. rE252 Any duty or function or step which, under these regulations, is to be discharged or carried out by the President may, if they are unable to act due to absence or to any other reason, be discharged or carried out by the Registrar of BTAS, ...
Rules C8-C9 - Honesty, integrity and independence
rC8 You must not do anything which could reasonably be seen by the public to undermine your honesty, integrity (CD3) or independence (CD4). rC9 Your duty to act with honesty and with integrity under CD3 includes the following requirements: .1 you must not knowingly or recklessly mislead or attempt to mislead anyone; .2 you must not draft any statement of case, witness statement, affidavit or other document containing: .a any statement of fact or contention which is not supported by your client or by your instructions ; .b any contention which you do not consider to be properly arguable; .c any allegation of fraud, unless you have clear instructions to allege fraud and you have reasonably credible material which establishes ...
Guidance to Rules C65.7-C68
gC95 It is in the public interest that the Bar Standards Board , as an Approved Regulator , is made aware of, and is able to investigate, potential instances of serious misconduct. The purpose of Rules rC65.7 to rC69, therefore, is to assist the Bar Standards Board in undertaking this regulatory function. gC96 Serious misconduct includes, without being limited to: .1 dishonesty (CD3); .2 assault or harassment (CD3 and/or CD5 and/or CD8); It may also include serious instances of bullying (persistent, unwanted behaviour from a person or group that is either intimidating, malicious or insulting, or an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone.) .3 seeking to gain access without consent ...
Regulations E249-E250 - Service of documents
rE249 Any documents required to be served on a respondent in connection with proceedings under these Regulations shall be deemed to have been validly served: .1 If sent by guaranteed delivery post, or other guaranteed or acknowledged delivery, or receipted hand delivery to: .a in the case of a BSB authorised individual , the address notified by them pursuant to the requirements of Part 2 of this Handbook (or any provisions amending or replacing it) as their practising address ; or .b in the case of a BSB entity , its registered office address or its principal office; or .c in the case of a BSB regulated person or non- authorised individual acting as a manager or employee of a BSB entity , the ...
Regulations E254-E258 - Exclusion from providing representation funded by the Legal Aid Agency (Application for termination)
rE254 A respondent who has been excluded from legal aid work under Section 42 of the Administration of Justice Act 1985 may apply for an order ending their exclusion from providing representation funded by the Legal Aid Agency as part of the Community Legal Service or Criminal Defence Service in accordance with rE256 below. rE255 Any such application must be in writing and addressed to the Chair of the Disciplinary Tribunal that made the original order. rE256 The President may dismiss the application, or may decide that the respondent’s exclusion from providing representation funded by the Legal Aid Agency as part of the Criminal Legal Aid or Civil Legal Aid be ended forthwith, or on a specified future date . ...
Regulations E225-E233 - Suspension/withdrawal of practising rights pending the hearing of any appeal
rE225 rE226 to rE233 below apply to any respondent who: .1 is a barrister, who has been sanctioned to be disbarred or to be suspended or to be prohibited from accepting or carrying out any public access work or instructions for more than twelve months; .2 is a BSB authorised individual, who has been sanctioned to be disqualified or to be suspended for more than twelve months; .3 is a BSB entity, which has been sanctioned to have its authorisation or licence revoked or suspended for more than twelve months; or .4 is a BSB authorised person, who has been sanctioned to have conditions placed on their practising certificate , authorisation or licence (as appropriate) prohibiting them from accepting any public access instructions ...
Regulations E166-E168 - Evidence
rE166 The Disciplinary Tribunal may: .1 (subject to rE167 below) admit any evidence, whether oral or written, whether given in person, or over the telephone, or by video link, or by such other means as the Disciplinary Tribunal may deem appropriate, whether direct or hearsay, and whether or not it would be admissible in a court of law; .2 give such directions with regard to the admission of evidence at the hearing as it considers appropriate, ensuring that a respondent has a proper opportunity of answering the charge(s) and/or application(s) made against them; .3 exclude any hearsay evidence if it is not satisfied that reasonable steps have been taken to obtain direct evidence of the facts sought to be proved by the hearsay ...
Regulations E139-E150 - The Disciplinary Tribunal - Composition of Disciplinary Tribunals
rE139 A Disciplinary Tribunal must consist of either three persons or five persons. rE140 A five-person panel must include the following persons nominated by the President : .1 as Chair, a Judge; and .2 two lay members ; and .3 two practising barristers of not less than seven years’ standing. rE141 A three-person panel shall include the following persons nominated by the President : .1 as Chair, a King’s Counsel or a Judge; and .2 one lay member ; and .3 one practising barrister of not less than seven years’ standing . rE142 With the exception of judicial Chairs, the persons nominated by the President to sit on a Disciplinary Tribunal must be selected from the pool appointed by the Tribunal ...
Outcomes C10-C20
oC10 Clients receive a competent standard of work and service. oC11 Clients’ best interests are protected and promoted by those acting for them. oC12 BSB authorised persons do not accept instructions from clients where there is a conflict between their own interests and the clients’ or where there is a conflict between one or more clients except when permitted in this Handbook . oC13 Clients know what to expect and understand the advice they are given. oC14 Care is given to ensure that the interests of vulnerable clients are taken into account and their needs are met. oC15 Clients have confidence in those who are instructed to act on their behalf. oC16 Instructions are not accepted, refused, or returned in ...
Regulations E276-E278 - Procedure and powers of interim panels
rE276 At any hearing of an interim panel the proceedings shall be governed by the rules of natural justice, subject to which: .1 the procedure shall be informal, the details being at the discretion of the Chair of the interim panel ; .2 the respondent shall be entitled to make representations in writing or orally, by themselves or by another on their behalf, as to; .a why a period of interim suspension or interim disqualification should not be imposed; or .b why the interim panel should not direct the respondent to notify their professional clients and/or lay clients about any convictions , charges or other matters leading to a referral; or .c any further or alternative direction which the interim panel is empowered to make ...
Rule C98 - New managers, HOLPs and HOFAs
rC98 A BSB entity must not take on a new manager , HOLP or HOFA without first submitting an application to the Bar Standards Board for approval in accordance with the requirements of Section 3E.
Regulations E236-E238 - Appeals
rE236 In cases where one or more charges of professional misconduct have been proved, and/or a disqualification order has been made, an appeal may be lodged with the High Court in accordance with the Civil Procedure Rules: .1 by the respondent against finding and/or sanction; .2 with the consent of the Commissioner , by the Bar Standards Board against sanction. rE237 In any case where any charge of professional misconduct or application to disqualify has been dismissed, the Bar Standards Board may (with the consent of the Commissioner ) lodge an appeal with the High Court in accordance with the Civil Procedure Rules. rE238 Where a respondent lodges an appeal against a disbarment or disqualification order or the revocation of a licence ...
Regulations E265-E267 - Composition of panels
rE265 An interim panel shall consist of three members nominated by the President being a Chair (who shall be a King’s Counsel) and two others, of whom at least one must be a lay member . Provided that: .1 the proceedings of an interim panel shall be valid notwithstanding that one of the members becomes unable to act or is disqualified from acting, so long as the number of members present throughout the substantive hearing is not reduced below two and continues to include the Chair and one lay member ; .2 no person shall be appointed to serve on a panel if they: .a are a member of the Bar Council or of any of its committees; or .b are a member of ...
Guidance to Rules C22-C24
gC75 Compliance with the requirement in Rule rC22 to set out the terms and/or basis upon which you will be acting may be achieved by including a reference or link to the relevant terms in your written communication of acceptance. You may, for example, refer the client or professional client (as the case may be) to the terms of service set out on your website or to standard terms of service set out on the Bar Council’s website (in which regard, please also refer to the guidance on the use of the standard terms of service). Where you agree to do your work on terms and conditions that have been proposed to you by the client or by the professional ...
