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UK Bar Council Consults On Separation Of Regulation And Representation

by Robin Pilgrim, LawAndTax-Bews.com, London

01 March 2005

The UK's Bar Council on Monday unveiled for consultation plans to split its regulatory and representative functions, in response to proposals put forward by Sir David Clementi in his review of the legal services sector.

Under the proposals put forward by the Bar Council, a future Legal Services Board would treat the Bar Council as a 'front-line body' for the purposes of self-regulation.

A wholly new regulatory arm would be created, under a Bar Standards Board containing a substantial number of lay people.

The Bar Standards Board would provide independent supervision of all regulatory matters relating to barristers in England and Wales, including rule-making, discipline, casework, standards and quality, and the members of the Bar Standards Board would be selected by an Appointments Body working on Nolan principles.

Speaking with regard to the new proposals, Guy Mansfield QC, Chairman of the Bar Council, explained that:

"Our proposal is for a totally reformed constitution for the Bar Council. The purpose of this model is to provide for the regulation of the Bar in the public and consumer interest and to make the Bar Council a wholly transparent and accountable body."

He continued:

"The model puts beyond doubt the fact that the public interest and that of consumers come first. At the same time, it seeks to protect the existing high standards and ethos of the profession," and concluded that:

"We foresee an easily accessible, consumer-friendly body, able to take forward best practice in regulation, while retaining the significant public interest benefits to be achieved by a profession having a clear stake in the maintenance of standards."

The consultation is set to end on April 25, and a formal decision on how to proceed will be taken by the Bar Council on May 7. However, the Bar Council pledged to consult further on the matter once a detailed model has been created.

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