The new BSB Handbook: New opportunities and ways of working 22 June 2013 By Dr Vanessa Davies Director, BSB

BSB colleagues present Our regulatory approach Update on the new BSB Handbook Introduce key changes to be considered further in Workshop C Introduction

Strategic aims

Although one document, we plan to make three applications to LSB: – Handbook as relates to individuals – Handbook as relates to non-ABS entities – Handbook as relates to ABS entities The anticipated timeline is as follows: – implement Handbook for individuals and non-ABS entities from January 2014 – become an ABS licensing authority later in 2014 BSB Handbook timeline

The BSB Handbook Purpose of the new Handbook – ensure our regulatory regime is fit for purpose – the coherent presentation of standards – place greater focus on risk and outcomes – introduce entity regulation

Key changes: new terms 10 Core Duties – Core elements of professional conduct that apply to all barristers (and others) Outcomes – Descriptive, rationale for rules and aid understanding of rules and guidance; not mandatory but will be taken into account when considering breaches of the rules Rules – Supplement core duties where specific rules are required Guidance – Assists in the interpretation of rules, egs of expected behaviour etc (not mandatory)

Risk-based supervision A new approach to ensuring compliance – Developing a risk framework Recent consultation closed on 14 June Objectives – prevent non-compliance materialising – identify non-compliance – provide the opportunity and signposting support to address and prevent recurrence – identify the most serious offenders who merit enforcement action

Implementing supervision September 2013 – consultation response and revised supervision strategy published January 2014 – New BSB Handbook comes into force; Chambers regulatory checklist and guidance published April 2014 – Full round of monitoring to begin risk- based supervision

Conducting litigation A new opportunity for self-employed barristers to conduct litigation – Need to apply for a practising certificate extension – A new authorisation process public access training will be a requirement additional requirements eg knowledge and experience and whether they have appropriate systems in place pupils will not be authorised – BSB entities will be able apply for authorisation to conduct litigation

Entity regulation New business opportunities and a new community to regulate (non-barristers) – allow barristers to work with other lawyers – allow barristers to work with non-lawyers (ABS) – allow non-barristers to be owners, managers and employees of entities – Entities and individuals subject to enforcement

Ways of working Other key features – prohibition on handling money retained – possibility of using a third party payment service – working in association with others – administration of Chambers

Handbook workshop Workshop C –Regulatory changes and new opportunities. What the new BSB handbook will mean for barristers and clerks. Led by Ewen MacLeod, Head of Professional Practice, BSB