- Site Tools
- Print page
- Email page
- Page alert
Application of the Practising Certificate Rules
The compulsory practising certificate fee is based on planned regulatory expenditure for purposes approved by the Lord Chancellor under s46 of the AJA 1999, less any subventions from the Inns of Court. A separate voluntary subscription covers representational ("trade union") activities – about 20% of Council work. The way in which the Council calculates and applies income from practising certificate fees is subject to audit by DCA officials (assisted if necessary the Legal Services Consultative Panel) every three years.
At least four weeks written notice is given by the Bar Council of the practising certificate fee and voluntary subscription and the date by which they are due i.e. 1st January for self-employed barristers and 6th April for employed barristers. Payment of the practising certificate fee into the Council's bank account will be acknowledged by the issue of a practising certificate.
Newly qualified barristers are awarded a provisional qualification certificate on completion of the first six months pupillage and a full qualification certificate on completion of the second six months. The first practising certificate fee will become due on 1 January of the year following that in which a barrister is awarded a full qualification certificate. Thereafter, the practising certificate fee will be based upon the year of Call at 1 January or 6 April as applicable.
Failure to Pay the Practising Certificate Fee
If the practising certificate fee is not paid by the due date, the barrister will be advised in writing that failure to pay by 31 January or 5 May, as applicable, will result in a surcharge of 15% of the fee, and that failure to pay by 28 February or 5 June, as applicable, will result in a surcharge of a total of 30% of the fee. A practising certificate will not be issued unless any surcharge arising from late payment is paid to the Bar Council.
A complaint against a barrister will be made to the Professional Conduct Committee if the practising certificate fee has not been paid within 3 months of the due date of 1 January or 6 April as applicable, and if any surcharge arising from late payment has not been paid (in which circumstances a practising certificate will not have been issued). Barristers incurring a surcharge for late payment in more than 2 years out of 5 may be referred to the Conduct Committee.
Reduced Practising Certificate Fees/Voluntary Subscriptions for Relatively Low Income or Prolonged Absence from Practice
Based on the premise that all practising barristers should pay a practising certificate fee, however much reduced in certain cases, the following reductions are available:
a) A flat rate fee of £120 for those in self-employed practice above 4 years Call having fee income from practice in the preceding year of less than £40,000 pa, or of £90 for those in employment above 4 years' Call having a gross salary in the preceding year of less than £30,000 p.a. In these circumstances, the corresponding voluntary subscriptions will be £30 or £20 respectively.
or
b) Pro rata reductions can be obtained for absence from practice exceeding 3 continuous months, provided the Bar Council has received written notification of a change of status to non-practising. Status cannot be changed retrospectively. Such reductions will be given on return to practice. Where a period of prolonged absence takes place over the turn of a year, the prior notification of change of status will delay the requirement to renew the practising certificate until return to practice, when any refund/reduction will be given. Otherwise, the rules above relating to relatively low income will apply.
Application for reductions on grounds of relatively low income or prolonged absence should be made in writing to the Records Officer at 289-293 High Holborn, London, WC1V 7HZ signed personally by the applicant and must state clearly gross income per annum or the dates on which the applicant will be non-practising. (A form for this purpose is enclosed with the individual letters of notification).
Reductions for Block Payment or Payment by Direct Debit
The practising certificate fee will be reduced by 2.5% where an individual practitioner pays by direct debit, or by 5% where Chambers (but not sole practitioners) make a single block payment on behalf of all members. Similar arrangements exist whereby employed barristers' fees/subscriptions can be reduced if their employer elects to make a block payment for two or more members.
Where the voluntary subscription is paid by direct debit or by single block payment as above, a percentage reduction equal to that for the practising certificate will apply. However, in cases of reductions in the light of relatively low income or absence from practice, a further reduction will not be made for block payment or payment by direct debit.
