Part XI – Transitional Provisions

1101. In respect of anything done or omitted to be done or otherwise arising before 31 October 2004:

(a) this Code shall not apply;

(b) the Code of Conduct in force at the relevant time shall notwithstanding paragraph 101 apply as if this Code had not been adopted by the Bar Council.

1102. Any barrister called to the Bar before 1 January 2002 but who has not completed or been exempted from 12 months’ pupillage in accordance with the Consolidated Regulations in force at the relevant time may practise as a barrister notwithstanding paragraph 202(a) of this Code provided that such a barrister shall not be entitled to exercise a right of audience under paragraph 203.1 unless he:

(a) has notified the Bar Council in writing of his wish to do so; and

(b) either (i) has complied with any conditions as to further training which the Bar Council may require or (ii) has been informed by the Bar Council that he is not required to comply with any such conditions.

1103. Any barrister who on 31 July 2000 was entitled to exercise any right of audience which he had by reason of being a barrister shall notwithstanding paragraph 203 of this Code remain entitled to exercise that right of audience.

1104. Any barrister who during any period before 31 July 2000 was entitled to exercise a right of audience as an employed barrister may for the purpose of paragraph 203.2(c) of this Code count that period as if he had been entitled during that period to exercise a right of audience before every Court in relation to all proceedings provided that he:

(a) has notified the Bar Council in writing of his wish to do so; and

(b) either (i) has complied with any conditions (including any conditions as to further training) which the Bar Council may require or (ii) has been informed by the Bar Council that he is not required to comply with any such conditions.

1105. Any person who was entitled on 31 July 2000 or becomes entitled before 31 July 2002 to exercise a right of audience before every Court in relation to all proceedings shall be a qualified person without having satisfied paragraph 203.3(b)(ii) of this Code if he:

(a) has satisfied the other requirements of paragraph 203.3;

(b) has notified the Bar Council in writing of his wish to act as a qualified person; and

1106. Any barrister who before 31 July 2000 had delivered to the Bar Council the notification and information referred to in paragraph 212(b)(ii) of the Sixth Edition of the Code of Conduct or was exempted by waiver from that requirement shall until 31 July 2005 remain entitled to supply legal services to the public on condition that he complies with those requirements of paragraph 212(b)-(e) of the Sixth Edition of the Code of Conduct which on 31 July 2000 applied to him and provided that he shall not thereby be entitled to exercise any right of audience which he has by reason of being a barrister.