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Bar Council

Role of the Bar Council

The General Council of the Bar of England and Wales, or 'Bar Council' as it is more commonly called, is the barristers' governing body.

Its functions include:

  • considering, laying down and implementing general policy with regard to all matters affecting the Bar;
  • maintaining the standards, honour and independence of the Bar;
  • promoting, preserving and improving the services and functions of the Bar; and
  • representing and acting for the Bar generally, as well as in its relations with others and also in matters affecting the administration of justice.

The Bar Council is an authorised body under the Courts and Legal Services Act 1990 (as amended) for the grant of rights of audience and the right to conduct litigation. It is therefore responsible for determining the education and training to be undertaken in order to exercise those rights and the rules of conduct required when exercising those rights.

To fulfil its functions, the Bar Council seeks to represent the Bar as a modern and forward-looking profession, which seeks to maintain and improve the quality and standard of its service to all consumers of its services, while acting at all times in the interests of justice.

In the light of Sir David Clementi's Report, the Bar Council has decided that it is appropriate to separate its regulatory and representative functions.

Representation
In respect of its representative functions and other matters, the Bar Council will:

  • develop and promote the work of the Bar;
  • conduct research and promote the Bar's views on matters affecting the administration of justice, including substantive law reform;
  • provide services for members of the Bar (eg, fees collection, publications and conferences);
  • provide guidance on practice management, and the development and use of information technology; and
  • promote the Bar's views with government, the European Union, the Law Society, international Bars and other organisations with common interests.

Regulation
Discharge of the regulatory function is achieved through the Bar Standards Board (BSB). The BSB has wide-ranging responsibilities, including but not limited to:

  • all regulatory functions of the Bar Council, for example: qualifications and conditions for entry; all aspects of training, including continuing professional development; setting of standards for those practising at the Bar; all aspects of the rules of professional conduct, including disciplinary rules; and investigation and prosecution of complaints against barristers and students, where appropriate;
  • monitoring the work of the regulatory committees and disciplinary hearing panels;
  • discharging the functions assigned to the Bar Council by the Consolidated Regulations;
  • ensuring that equal opportunity and diversity issues are taken into account in respect of regulatory matters;
  • ensuring that the Bar Council's functions are appropriately regulated; and
  • liaising with specified bodies/committees on regulatory matters.

Further information can be found on the Bar Council's website (www.barcouncil.org.uk). Information on qualification may be found at www.legaleducation.org.uk.