NEWSLETTER Newsletter Archive: Feb 2009

December 2009

Commercial Agency Regulations

Our final seminar of the year is on Thursday 10 December 2009 on Commercial Agency Regulations and will be held at Kings Chambers, 36 Young Street, Manchester. The seminar will start at 6.00pm (with registration from 5.30pm) as usual.

Please could you re-confirm your attendance to admin@nccba.org.uk

Important Bar Council message to all NCCBA members

Please see the message below regarding changes to the rules governing Practising Certificates and administration of oaths, which has been circulated by the Bar Council.

CHANGES TO RULES GOVERNING PRACTISING CERTIFICATES AND ADMINISTRATION OF OATHS

VERY IMPORTANT INFORMATION FOR BARRISTERS

CHANGES CONSEQUENT UPON THE INTRODUCTION OF THE LEGAL SERVICES ACT (LSA) 2007

PRACTISING CERTIFICATES

Barristers should note that Section 14 of the LSA 2007 provides that any person who undertakes a reserved legal activity, such as exercising a right of audience, without being entitled to do so will be committing a criminal offence. This will come into force on 1 January 2010. A barrister is not authorised to carry out reserved legal activities unless he/she has in force a certificate issued by the Bar Council authorising him or her to do so.

It is therefore more important than ever this year, that all barristers who wish to exercise reserved legal rights have paid the Practising Certificate fee for next year prior to 1 January 2010. The Bar Council Records Office will provide, before the end of October 2009, all concerned with details of the fee owed and the methodology for payment.

ADMINISTRATION OF OATHS

Barristers will be aware that to date they have been advised that they are permitted to administer oaths and that this right does not depend on whether they have a right of audience or a practising certificate. This position is set to change on 1 January 2010.

Section 4 of Schedule 5 of The LSA 2007 also comes into force on 1 January 2010. From this date, the right to administer oaths will be restricted to authorised persons. Section 4 (4) of Schedule 5 of the Act defines “authorised persons” as individuals who have “in force a certificate issued by the General Council of the Bar authorising the person to practise as a barrister”. The practical effect of this is that from 1 January 2010, when the relevant section of the Act comes into force, barristers without a current practising certificate will be prohibited from administering an Oath.

Barristers without practising certificates who have queries about administration of oaths should contact the ethical queries helpline on 020 7611 1307 or see the Bar Council website www.barcouncil.org.uk