Introduction

Question 1

what is the BSB?

Answer 1

a specialist regulator focussing primarily on the regulation of advocacy, litigation and legal advisory services

Question 2

What is our society based on?

Answer 2

the rules of law

Question 3

what are the regulatory objectives of the BSB?

Answer 3

1. Protecting and promoting the public interest;
2. supporting the constitutional principles of the rule of law;
3. improving access to justice;
4. protecting and promoting the interests of consumers;
5. promoting competition in the provision of the services;
6. encouraging an independent, strong, diverse and effective legal profession;
7. increasing public understanding of the citizen’s legal rights and duties; and
8. promoting and maintaining adherence to the following professional principles

Question 4

what are the professional principles?

Answer 4

1. that authorised persons act with independence and integrity
2. that authorised persons maintain proper standards of work
3. that authorised persons act in the best interests of their clients
4. that authorised persons comply with their duty to the court to act with independence in the interests of justice; and
5. that the affairs of clients are kept confidential

Question 5

what does the BSB Handbook do?

Answer 5

it sets out the standards the BSB requires the persons it regulates to comply with in order to meet its regulatory objectives

Question 6

What are the core duties for?

Answer 6

they underpin the entire regulatory framework and set the mandatory standards that all BSB regulated persons are required to meet.

Question 7

What are the outcomes?

Answer 7

these explain the reasons for the regulatory scheme and what it is designed to achieve

Question 8

where are the outcomes derived from?

Answer 8

from the regulatory objectives ad defined in the LSA and the risks which must be managed if those objectives are to be achieved.

Question 9

What are the three purposes of the rules?

Answer 9

1. the conduct rules supplement the core duties and are mandatory
2. the rules contained within scope of practice set out the requirements for authorisation and different practice regulated by the BSB.
3. Part 3 and 4 deal with the requirements which must be met by a person before they can undertake a role regulated by the BSB.

Question 10

Can the BSB make amendments to the handbook?

Answer 10

Subject to Rules r1 and r2, they can make any such amendments as they see fit.

Question 11

What can the BSB not do without the unanimous consent of the Inns?

Answer 11

amend or waive any rule so as to permit a person who has not been called to the Bar by an Inn to practise as a barrister

Question 12

What does the BSB have the power to waiver?

Answer 12

1. the duty imposed on a BSB regulated person or unregistered barrister to comply with the provisions of the Handbook
2. any other requirement of this Handbook
3. in such circumstances and to the extent as the BSB may think fit and either conditionally or unconditionally

Question 13

Who does the Handbook apply to?

Answer 13

1. All barristers:
   a. barristers who hold a practising certificate
   b. barristers who are undertaking pupillage
   c. all unregistered barristers