BSB CPD Provider Accreditation Scheme POLICY AND GUIDANCE

Transcription

1 BSB CPD Provider Accreditation Scheme POLICY AND GUIDANCE JANUARY 2015

2 B BSB CPD PROVIDER ACCREDITATION SCHEME

3 POLICY AND GUIDELINES Contents What we do 2 CPD and categories of CPD Provider 3 About the accreditation scheme 4 Process of application for accreditation as a CPD Provider 5 Criteria for accreditation as a CPD Provider 6 Application and annual fees 7 Self-accreditation of CPD activities 9 Record keeping 10 Monitoring of CPD provision 11 Appeals 13 Invoicing and payments 14 Annex 1: BSB CPD Provider Accreditation Scheme 15 1

4 BSB CPD PROVIDER ACCREDITATION SCHEME What we do We regulate barristers called to the Bar in England and Wales in the public interest. Our mission Our mission is to regulate the Bar so as to promote high standards of practice and safeguard clients and the public interest. Our vision By the end of 2016: Our vision is to become a more modern and efficient regulator operating to externally agreed high standards, fulfilling our mission and upholding and promoting the regulatory objectives and professional principles. The regulatory objectives Protecting and promoting the public interest; Supporting the constitutional principle of the rule of law; Improving access to justice; Protecting and promoting the interests of consumers; Promoting competition in the provision of services; Encouraging an independent, strong, diverse and effective legal profession; Increasing public understanding of citizens legal rights and duties; and Promoting and maintaining adherence to the professional principles. Our regulatory approach We adopt an outcomes-focused, risk-and evidence-based approach to what we do. We act in the public interest, promoting high standards of practice and safeguarding clients. We strive to embody the same high standards and expectations that we require of the profession. Continuing Professional Development The BSB regulates Continuing Professional Development (CPD) for the Bar of England & Wales. The BSB monitors barristers compliance of CPD, as well as accrediting and monitoring a range of CPD Providers to deliver accredited CPD activities to barristers. CPD Accreditation staff contact CPD Accreditation Quality Assurance Officer CPDAccreditation@BarStandardsBoard.org.uk

5 POLICY AND GUIDELINES CPD and categories of CPD provider CPD All practising members of the Bar are subject to the Continuing Professional Development (CPD) regulations. Compliance is an obligation of the BSB Handbook (Part 4, section C). An electronic copy of the BSB Handbook can be found at: bsb-handbook/the-handbook-publication/ In the first three years of practice, newly qualified practitioners are required to complete 45 hours of CPD, including at least nine hours of advocacy training and three hours of ethics training the New Practitioners Programme (NPP). All hours must be accredited by the BSB. Following completion of the NPP, barristers are required to undertake a minimum of 12 hours of CPD each calendar year (the Established Practitioners Programme ). A minimum four of the required 12 hours must be through training which has been accredited by the BSB; accreditation awarded by other professional bodies or institutions will not be accepted as accredited CPD by the BSB. The Bar s CPD regime operates on a calendar year basis. BSB CPD definition CPD is work undertaken over and above the normal commitments of barristers with a view to such work developing their skills, knowledge and professional standards in areas relevant to their present or proposed area of practice, and in order to keep themselves up to date and maintain the highest standards of professional practice. Categories of CPD Providers There are three accredited categories of CPD Providers: Charitable, Bar-related and Commercial. CPD Providers are defined in this way in recognition of the range of CPD Providers in the marketplace and to ensure that the annual fee structure is fairly applied dependant on the purpose and remit of the Provider. 1. Charitable: an organisation which has certified charitable status. 2. Bar-related: an organisation which operates for the benefit of members of the Bar such as the Inns of Courts, Circuits, Specialist Bar Associations, barristers chambers, law firms and Government Departments. 3. Commercial: an organisation which profits from its CPD arrangements and which does not fall into either of the other two categories. 3

6 BSB CPD PROVIDER ACCREDITATION SCHEME About the accreditation scheme We assess and approve a range of organisations to provide accredited CPD to practising barristers at the Bar of England & Wales. Providers wishing to seek BSB accreditation must satisfy specified criteria and provide activities which are relevant to barristers and their professional commitments. Accredited CPD Providers are required to self-accredit their CPD activities in accordance with the CPD rules and guidance (as specified in the General Guide to CPD); therefore, a sound understanding of the CPD rules is crucial to the operation of CPD delivery. A full version of the General Guide to CPD can be found at The CPD accreditation scheme will take effect from January Details of plans for future CPD management are being developed as part of the BSB s post-legal Education and Training Review project. As part of the accreditation agreement, accredited CPD Providers must compile and submit two monitoring reports to the BSB during each calendar year. The BSB has identified a risk-based approach to the selection of monitoring reports for each monitoring cycle and will review a proportion of monitoring reports according to risk and market feedback. The BSB will not maintain an internal database of individually accredited CPD activities; barristers will be directed to individual CPD Providers if they have an enquiry concerning the accreditation status of a specific activity. The BSB will, however, continue to maintain a record of accredited CPD Providers and enquiries concerning the accreditation of CPD Providers should be directed to the BSB. An online directory (via the BSB s website) which lists accredited CPD activities is available for barristers to access. Accredited CPD Providers are responsible for managing their own accounts for the online CPD directory. Objectives The objectives of the scheme are: To ensure there is a system which enables barristers to satisfy their CPD requirements; To ensure that service of CPD accreditation is streamlined and efficient; To encourage a wider provision of accredited CPD activities to barristers, across a range of accredited Providers by removing administrative barriers to CPD accreditation; To allow accredited CPD Providers greater ownership of accreditation of their CPD activities; and To provide third-party monitoring and endorsement by the BSB. Benefits Recognition from a legal regulator; Ability to market accredited CPD activities; Streamlined system for awarding CPD accreditation; Use of the BSB s online CPD directory (accessed by practising barristers); Inclusion in periodic BSB publications relating to accredited CPD Providers; and Third party endorsement of CPD provision by the BSB. 4

7 POLICY AND GUIDELINES Process of application for accreditation as a CPD Provider New CPD Providers Organisations wishing to offer accredited CPD activities to barristers must apply to the BSB for accreditation. CPD Providers accredited by the BSB under the previous CPD accreditation scheme (closed December 2014) should refer to the Transition of Accreditation process (below). New applicants must complete the BSB s Accreditation as a CPD Provider form, which can be downloaded from the BSB website ( or can be issued by /post on request. Decisions on applications will normally take up to six weeks from the date of submission of the complete application. No applications are assessed until the fee has been paid. (Decisions will be communicated to applicants in writing only.) Successful applications must satisfy the specified criteria for accreditation. In most cases, the process will be a document and evidence-based exercise; however, there may be some instances where a site visit will be required in order for the BSB to reach its decision. Site visits will be conducted by the BSB s Quality Assurance team and may also include external participation. If a site visit is necessary, the organisation will be contacted in writing and a site visit will be arranged for a mutually convenient day and time. In these cases, applications may exceed the normal timeframe for assessment. Applicants will be expected to demonstrate that their intended CPD activities are relevant for barristers. Sample course/training materials must form part of the application to the BSB, together with a brief statement on the relevance to barristers for each CPD activity. Transition of Accreditation process (for existing CPD Providers transitioning from the 2014 accreditation scheme) CPD Providers which were previously approved by the BSB to provide accredited CPD activities to barristers wishing to transition from the 2014 course-level Accreditation scheme are invited to express their interest in the 2015/16 Accreditation scheme. These organisations are not required to re-apply for accreditation as a CPD Provider, having been assessed as a CPD Provider by the BSB in previous years. Instead, the standard expression of interest form must be completed and submitted to the BSB. By completing and submitting the transition form to the BSB, CPD Providers are agreeing to the CPD Accreditation Terms & Conditions (Annex 1). Although there is no fee for this process, all accredited CPD Providers intending to transition to the 2015/16 Accreditation scheme will be subject to renewal of an annual fee for each calendar year. 5

8 BSB CPD PROVIDER ACCREDITATION SCHEME Criteria for accreditation as a CPD Provider New CPD Providers Successful applicants will be expected to satisfy the below criteria in order to receive recognition from the BSB to provide accredited CPD activities to barristers. Applications for accreditation at provider level which do not meet the stated criteria will either be (i) refused accreditation or, (ii) asked to submit clarification and/or additional information addressing key issues and concerns so that a decision can be made. Criteria general The organisation must have been operating in the market, providing courses and/or training to barristers (or professionals of equivalent standing) for a minimum of six months; and Must be able to evidence its experience as a training provider by submission of historical feedback from course delegates in support of the application, and that feedback must present the organisation as a credible training provider; Must be able to evidence that it provides delegates with experienced trainers/presenters, who are able to impart the desired knowledge, skills and understanding of its courses, by submission of sample trainer CVs; Must provide a schedule of planned CPD activities, which meet the specified criteria (below), for review; Must provide a complaints handling policy for handling complaints and delegate dissatisfaction; Must submit an equality and diversity policy (this should also cover the policy relating to reasonable adjustments) and must confirm that course materials and assessments will be equality impact assessed; Must have the mechanisms and processes to ensure that it continually monitors the quality of its CPD activities; and Must agree to use all collected data to assess its success in providing CPD activities through submission of its two monitoring reports (section: self-assessment) to the BSB. All CPD Providers: Criteria CPD activities The organisation must have the facility and capability to develop and provide CPD activities which satisfy the CPD definition; and Must assess each activity for suitability and label it according to area(s) of practice; Must establish the content of each CPD activity; Must identify the expected aims and objectives for each CPD activity; Must specify what delegates ought to be able to do following completion of each; and Must self-accredit each CPD activity for the purposes of CPD accreditation for members of the Bar in accordance with the BSB s CPD rules and guidance (including this CPD Accreditation Policy & Guidance and A General Guide to CPD). 6

9 POLICY AND GUIDELINES Application and annual fees Application Fee The application fee for applying to the BSB for accreditation as a CPD Provider is: Bar-related / Charitable Organisation 500 Commercial Organisation 1,000 This fee is payable on submission of application to the BSB. The application will not be considered as received in full without payment of the application fee. The application fee is charged in order to recover the cost of processing an application and is, therefore, non-refundable in the event that an application is refused. Please refer to the invoicing and payment information (page 13) for details regarding the various payment methods. Annual Fee There is an annual fee structure for accredited CPD Providers. The fee covers the costs of operating the accreditation scheme, which includes the monitoring of accredited CPD Providers. The following annual fee structure applies. Category of CPD Provider Annual Fee Charitable CPD Provider 100 Bar-related CPD Provider 200 Commercial CPD Provider 1 to 15 CPD activities to 20 CPD activities 1, to 30 CPD activities 1, to 60 CPD activities 2, to 100 CPD activities 4, to 500 CPD activities 7, CPD activities 10,000 The annual fee must be renewed in January of each calendar year; applications approved after 1 January will be required to pay the full annual fee. 7

10 BSB CPD PROVIDER ACCREDITATION SCHEME Accredited CPD Providers are not eligible to self-accredit their CPD activities for the Bar until the annual renewal fee has been paid. Where the renewal fee is paid to the BSB after the 1 January for existing accredited CPD providers, the accreditation of activities can be awarded retrospectively (for the relevant calendar year). Commercial CPD Providers must declare to the BSB the number of CPD activities they intend to provide to barristers during the calendar year prior to invoicing of the annual fee. Where a Commercial CPD Provider exceeds the number of CPD activities it had indicated, an adjustment invoice will be issued by the BSB retrospectively, in the following calendar year. Non-payment of an invoice may result in renewal invoices not being issued by the BSB and suspension of accreditation. Refunds will not be provided for overestimations of course activities. Full details of the agreement between the BSB and accredited CPD Providers are specified in the CPD Accreditation Terms & Conditions, which is annexed to this document. 8

11 POLICY AND GUIDELINES Self-accreditation of CPD activities Accredited CPD Providers must have a firm understanding of the BSB s CPD rules and guidance in order to self-accredit CPD activities for the Bar. The BSB s Quality Assurance Officer will be able to assist with general queries concerning the application of the CPD rules; however, accredited CPD Providers must not rely upon the BSB to provide routine support; comprehensive understanding of the CPD rules is a condition of approval by the BSB. Once an organisation has been accredited by the BSB to provide CPD for the Bar of England & Wales and the annual fee for the requisite calendar year has been paid, it may self-accredit CPD activities which qualify for CPD accreditation (in accordance with the rules specified in the General Guide to CPD and which are relevant to practising barristers). CPD Providers must allocate their own unique Provider ID (as given by the BSB) to each accredited CPD activity so that barristers can reference that ID number on their CPD record cards. The BSB operates an hours-based CPD system, not a points-based system. The minimum award is 0.5 hours (half an hour). A detailed record of all CPD activities which have been awarded accreditation must be kept by accredited CPD Providers for three years from the date of delivery. Failure to maintain accurate records or other breaches of the rules will result in the BSB taking action and may lead to the withdrawal of accreditation. When self-assessing an activity for CPD accreditation, accredited CPD Providers must: assess the activity against the BSB s CPD definition (referenced on page 2); apply the CPD rules accordingly; calculate the appropriate CPD award based on the timings of the activity (or each session if it is a conference/symposium or extensive course etc), ensuring that the CPD award is rounded down to the nearest half an hour; exclude any parts of an activity (ie course/conference etc) which are prohibited by the BSB s CPD rules; and ensure that the accreditation satisfies the criteria for CPD activities (as stated on page five). The BSB will conduct two monitoring reviews per calendar year further details regarding the monitoring processes and obligations placed on accredited CPD Providers can be found at pages 11 and 12 of this document. Accredited CPD Providers have the added benefit of marketing accredited CPD activities on the BSB s online CPD directory ( continuing-professional-development/cpd-courses/). Please contact the Quality Assurance Officer if you would like to receive a copy of the Online Directory: Instructions for Use document. 9

12 BSB CPD PROVIDER ACCREDITATION SCHEME Record Keeping Accredited CPD Providers are expected to maintain robust records of all CPD activities which have been self-accredited for the purposes of CPD for the Bar of England & Wales. Such records for each activity must include, but are not restricted to: specific date of delivery (or month/year of delivery, for online/distance learning providers); specific title of the activity; the CPD award to barristers; supporting training materials (eg event programme, handout(s)/event learning materials, lecture notes etc); completed barrister delegate feedback; the cost of the activity to barrister delegates (if applicable); specific details of the venue used; the name(s) of the trainers/speakers; specific details of the assessment, including pass rates (if applicable); barrister delegate attendance record; details of complaints received if any from a barrister/barrister s employer and how that complaint was resolved; intended aims and objectives of the activity; identified outcome(s) for barrister delegates on completion of the activity; and relevance to area of practice, including specified practice area. Each accredited CPD Provider will be allocated a unique Provider ID number by the BSB and that ID number must be referenced against each CPD activity so that the BSB can easily identify any CPD activity and trace it to an accredited CPD Provider. Some of the above will form part of the data which accredited CPD Providers will be required to provide in their monitoring reports to the BSB (which must certainly include details of any complaints from barristers/barrister s employer and how those complaints were resolved). However, complete records of all CPD activities must be retained by accredited CPD Providers for three years from the date of delivery, in the event of further inspection or intervention by the BSB. The BSB retains the right to call upon further information relating to a specific CPD activity and accredited CPD Providers must, as part of their agreement with the BSB to provide accredited CPD, comply with that request. The format of records relating to CPD activities is entirely at the discretion of the accredited CPD Provider, save that the accredited CPD Provider must complete the BSB s CPD monitoring report template. Failure to maintain robust records of all CPD accredited activities may result in revocation of accreditation as a CPD Provider. Accredited CPD Providers are not required to automatically return a signed delegate register to the BSB after each accredited CPD activity takes place. Accredited CPD Providers must retain a record of each register for three years from the date of delivery. 10

13 POLICY AND GUIDELINES Monitoring of CPD provision The BSB is committed to ensuring that accredited CPD Providers are complying with the requirements placed on them as accredited training providers and that barristers are satisfied with the quality and content of the accredited CPD activities that are being provided to them. In order to fulfil that commitment, the BSB will operate two formal cycles of CPD monitoring during each calendar year. Accredited CPD Providers must complete and return a monitoring report to the BSB in the months of July and November each year. CPD monitoring reports will be reviewed by the BSB s Quality Assurance Officer in the first instance. BSB Monitoring Principles: are based on self-evaluation; ensure that CPD activities satisfy the CPD definition and comply with the specified criteria; ensure that CPD activities have been accredited in accordance with the CPD rules and guidance; and ensure that accredited CPD Providers are providing CPD activities in accordance with the BSB s CPD Accreditation Terms & Conditions. Interim monitoring cycle (July, six-month compliance report) 1. The BSB will issue a monitoring report template to all accredited CPD Providers at the end of May (annually) with brief instructions for use. 2. Accredited CPD Providers will have until early July (annually) to complete and submit the interim monitoring report to the BSB. 3. The BSB will operate a review of a sample of completed interim monitoring reports and apply a riskbased approach when assessing the need for further investigation. 4. Accredited CPD Providers will be contacted if the BSB decides that further information or corrective action is required. 5. Accredited CPD Providers must address any issues or concerns raised by the time specified. Full Monitoring Cycle (November, 11-month compliance report) 1. The BSB will issue a full monitoring report template to all accredited CPD Providers at the end of October (annually) with brief instructions for use. 2. Accredited CPD Providers will have until the end of November (annually) to complete and submit the full monitoring report, which will list all accredited CPD activities provided during the 11 month period (activities provided in December of that calendar year must be included in the interim monitoring report for the following year). 3. The BSB will operate a review of a sample of completed full monitoring reports and apply a risk-based approach when assessing the need for further investigations. 4. Both the interim and full monitoring reports may require further assessment by the BSB s Quality Assurance Manager. 5. Accredited CPD Providers will be contacted if the BSB decides that further information or corrective action is required. 11

14 BSB CPD PROVIDER ACCREDITATION SCHEME The BSB retains the right (under its CPD Accreditation Terms & Conditions policy) either to revoke recognition of a CPD Provider or decline to renew accreditation pending the outcome of an investigation into any serious breaches of the CPD rules. The BSB may rely on information received during either of the monitoring cycles as a basis on which to revoke accreditation of a CPD Provider, following consideration of the evidence presented. Corrective action The following types of corrective action may be taken by the BSB following a review of the monitoring reports: a) Request for further information/evidence; b) Subject to further review in six months time; c) Site visit; d) Referral to the BSB s Supervision Department (applicable to chambers/approved entities). Other general guidance about the monitoring processes may be obtained by reference to the CPD monitoring FAQ s, available on the BSB website. 12

15 POLICY AND GUIDELINES Appeals It is expected that the Quality Assurance Officer and accredited CPD Providers will strive to resolve any issues identified during either of the two CPD monitoring cycles. However, where an issue remains unresolved, or where an accredited CPD Provider wishes to challenge a decision taken by the Quality Assurance Officer, the BSB shall operate an internal appeals procedure. The CPD accreditation appeals procedure allows for a review of the following: 1. a refusal to allow accreditation of a specific activity for CPD accreditation; 2. a decision to reduce the CPD accreditation award in order to exclude part of a course or activity, based on the CPD rules; 3. a decision to reduce the CPD accreditation award based on the proper calculation of CPD hours; 4. a decision to impose a means of corrective action; 5. a decision to suspend renewal of CPD accreditation in the subsequent calendar year, pending corrective action; and 6. a decision to revoke, or suspend renewal of, CPD accreditation. The Education & Training Committee (a committee of the BSB) has delegated this power of review to the Director of Education & Training and the Quality Assurance Manager ( Appointed Person ). In the first instance, a request for a review will be considered by the Quality Assurance Manager. In exceptional cases, a request for review may be dealt with the Director of Education & Training (i.e. if the Quality Assurance Manager had some involvement in the initial decision taken by the BSB). The Appointed Person will deal with a review of a decision as if the application was being dealt with afresh by them. The Appointed Person shall be entitled to have such regard to the original decision, and to uphold, vary or take into account such decision in their absolute discretion and as they feel appropriate. Their decision shall be final. Any request for a review must be made on the designated template form and submitted to the BSB within one month of notification of the relevant decision. All requests will be acknowledged in writing within 14 days of receipt. All appeals will be dealt with on the basis of documentation only. All applications contain a declaration that the applicant has read, understood and complied with these Policy & Guidelines. A decision by the Appointed Person will be issued in writing within one month from the date of acknowledgement. 13

16 BSB CPD PROVIDER ACCREDITATION SCHEME Invoicing and payments The BSB will issue a payment invoice in respect of CPD accreditation annual fees (renewal) to all accredited CPD Providers. The invoice will be issued by (or post, if preferred) to the CPD Provider s finance contact or to the central postal/billing address in late November or early December (annually) and that invoice shall refer to the annual fee relating to the subsequent calendar year. The obligation is placed on the accredited CPD Provider, not the BSB, to ensure that it renews each calendar year. When making payment, accredited CPD Providers must quote the invoice number and purchase order (if required). Failure to refer to the invoice number may result in the payment being returned to the accredited CPD Provider and the licence to accredit for CPD being withheld. Payment methods BACS (bank transfer) the BSB s preferred payment method Debit/Credit card Cheque Payments made by debit or credit card will incur a 2.5% handling fee (please note that American Express is not accepted). Because of data protection requirements, debit/credit card details are not accepted by and must be provided over the telephone. Cheques must be made payable to The Bar Standards Board and sent to the BSB s postal address (as per the back page), marked for the attention of the Quality Assurance Officer. BSB Bank Acount Bank The Royal Bank of Scotland PLC Incorporating Child & Co Bankers Bank Address 1 Fleet Street London EC4Y 1BD Sort Code Account Account Name General Council of the Bar BIC RBOSGB2L IBAN GB98RBOS Contact When transferring monies please quote the invoice number and provide notification to the Quality Assurance Officer 14

17 ANNEX 1: CPD ACCREDITATION TERMS & CONDITIONS BSB CPD PROVIDER ACCREDITATION SCHEME Terms and Conditions in respect of the CPD service agreement The CPD service agreement is entered into at either the date on which the Accredited CPD Provider first receives accredited status from the BSB, or the date on which the Accredited CPD Provider renews its CPD accreditation by payment of the CPD Accreditation Annual Fee to the Bar Standards Board. BETWEEN: (1) The Bar Standards Board High Holborn, London. The BSB which was duly constituted by Standing Orders of The General Council of the Bar of England and Wales pursuant to powers in paragraph 1(h) of its constitution ( the BSB ); and (2) The Accredited CPD Provider which is accredited by the BSB to provide accredited CPD activities to barristers at the Bar of England and Wales ( Accredited CPD Provider ). 1 DEFINITIONS AND INTERPRETATIONS: 1.1 In these conditions, unless the context otherwise requires, the following expressions have the following meanings: Agreement Business Day Calendar Year Commencement Date Commercial Provider Conditions means the contract between the BSB and the Accredited CPD Provider for the provision of the CPD Activities in accordance with these Conditions means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business means 1 January to 31 December means the date on which accreditation was granted to the Accredited CPD Provider by the BSB means a CPD provider which profits from its CPD arrangements and which is not one of the other two BSB defined categories of providers (a charitable CPD provider, or a Bar-related CPD provider) means these terms and conditions as amended from time to time in accordance with clause

18 BSB CPD PROVIDER ACCREDITATION SCHEME CPD CPD Accreditation Annual Fee CPD Activities Data, Data Controller, Data Processor, Data Subject and Personal Data Data Protection Legislation means continuing professional development means the annual renewal fee charged by the BSB to the Accredited CPD Provider and which is used by the BSB towards covering the costs of operating the BSB CPD accreditation programme means the CPD services and activities that the Accredited CPD Provider shall provide to barristers at the Bar of England and Wales as agreed by the parties in writing as part of the application process the Accredited CPD Provider undertook for accreditation by the BSB as a CPD provider and as amended by the parties in writing from time to time shall have the meaning attributed to them in the Data Protection Act 1998 means the Data Protection Act 1998, the EU Data Protection Directive 95/46/EC, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner 2 PROVISION OF THE CPD ACTIVITIES 2.1 With effect from the Commencement Date, the Accredited CPD Provider agrees to provide accredited CPD Activities in accordance with these Conditions, the BSB s CPD Accreditation Scheme Policy & Guidelines and General Guide to CPD as updated by the BSB from time to time. 2.2 The Accredited CPD Provider shall provide CPD Activities which are of high quality and represent value for money for barristers. 2.3 The Accredited CPD Provider shall self-accredit the CPD Activities in accordance with the BSB s CPD Accreditation Scheme Policy & Guidelines and General Guide to CPD as updated by the BSB from time to time. The Accredited CPD Provider is not eligible to self-accredit the CPD Activities until the CPD Accreditation Annual Fee has been received by the BSB. Where the CPD Accreditation Annual Fee is received by the BSB after 1 January, the self-accreditation of CPD Activities under this clause 2.3 may be awarded retrospectively. 2.4 Where the Accredited CPD Provider is defined as a Commercial Provider, the Accredited CPD Provider shall declare to the BSB the number of CPD Activities it intends to provide to barristers during the next Calendar Year by 23 December in each Calendar Year, or such other date as notified to it by the BSB. 2.5 Where the Accredited CPD Provider is defined as a Commercial Provider, the Accredited CPD Provider shall notify the BSB if it intends to vary the number of CPD Activities declared under clause

19 ANNEX 1: CPD ACCREDITATION TERMS & CONDITIONS 2.6 The Accredited CPD Provider agrees that in respect of the CPD Activities, the CPD each barrister accrues under the CPD Activities shall accrue and be awarded to each barrister in CPD hours, not in CPD points. 3 FEES AND CHARGES 3.1 Where the Accredited CPD Provider wishes to receive accreditation by the BSB for the next Calendar Year, the Accredited CPD Provider shall pay to the BSB the CPD Accreditation Annual Fee by 31 January in the next Calendar Year (following the issuing of the annual fee invoice to the Accredited CPD Provider by the BSB), or such other date as agreed by the BSB. 3.2 Where the Accredited CPD Provider is defined as a Commercial Provider and the Accredited CPD Provider exceeds the number of CPD Activities it has declared under clause 2.4, the Accredited CPD Provider shall pay such additional fees, as notified to it by the BSB, relating to the additional number of accredited CPD Activities it has provided or intends to provide. Refunds will not be provided to the Accredited CPD Provider for payments in respect of overestimations of the number of CPD Activities. 3.3 All payments required to be made by the Accredited CPD Provider pursuant to the Agreement shall be made in GBP and shall be subject to, and made in accordance with, the provisions set out in the Invoicing and Payments section of the BSB s CPD Accreditation Scheme Policy & Guidelines as updated from time to time. 4 MONITORING THE PROVISION OF CPD ACTIVITIES 4.1 The Accredited CPD Provider agrees to collate and retain all barrister registration documents and feedback for each of the accredited CPD Activities, and all other relevant documentation as specified in the BSB s CPD Accreditation Scheme Policy & Guidelines as updated from time to time. 4.2 The Accredited CPD Provider shall compile an interim monitoring report in accordance with the interim monitoring report template issued by the BSB and shall submit the interim monitoring report to the BSB by 31 July in each Calendar Year. 4.3 The Accredited CPD Provider shall compile a full monitoring report in accordance with the full monitoring report template issued by the BSB and shall submit the full monitoring report to the BSB by 30 November in each Calendar Year. 4.4 The BSB agrees to collect and record all Accredited CPD Provider monitoring reports submitted under this clause 4 and to review the reports in accordance with the BSB s CPD Accreditation Scheme Policy & Guidelines as updated from time to time. 4.5 The BSB shall act on the outcome(s) of its review of the Accredited CPD Provider monitoring reports submitted under this clause 4 and shall take any action as it deems reasonably necessary, including revoking accreditation of a CPD provider or declining to renew accreditation, provided always that the BSB acts in accordance with the processes as specified in the BSB s CPD Accreditation Scheme Policy & Guidelines as updated from time to time. 4.6 The BSB retains the right to revoke recognition of the Accredited CPD Provider or decline to renew accreditation of the Accredited CPD Provider pending the outcome of an investigation 17

20 BSB CPD PROVIDER ACCREDITATION SCHEME into any serious breaches by the Accredited CPD Provider of the Agreement or of the rules set out in the CPD Accreditation Scheme Policy & Guidelines. 5 COMPLAINTS HANDLING AND DISPUTE RESOLUTION 5.1 The Accredited CPD Provider shall provide the BSB with a copy of its complaints handling policy and agrees to resolve any dispute between the Accredited CPD Provider and a barrister delegate in accordance with the Accredited CPD Provider s complaints handling policy. 5.2 The BSB shall not intervene in disputes between the Accredited CPD Provider and a barrister delegate, unless either a specific condition of the Agreement, or that of the BSB s CPD Accreditation Scheme Policy & Guidelines as updated from time to time, has been breached by the Accredited CPD Provider. 5.3 In cases where a condition of the Agreement or of the BSB s CPD Accreditation Scheme Policy & Guidelines has been breached, the BSB reserves the right to take action as it deems reasonably appropriate including in cases of a serious breach, to revoke or refuse to renew accreditation of the Accredited CPD Provider under clause 4.6 of these Conditions. 5.4 In the event that the complaints handling policy is amended by the Accredited CPD Provider, the Accredited CPD Provider agrees to notify the BSB within 14 Business Days of the change being made. 5.5 In the event that the Accredited CPD Provider disagrees with a decision made by the BSB under the Agreement, the dispute shall be dealt with in accordance with the BSB s internal appeals procedure set out in the BSB s CPD Accreditation Scheme Policy & Guidelines as updated from time to time and each party shall be responsible for its own costs in relation to any such appeals procedure. 6 REFERENCES TO THE BSB 6.1 In respect of any text relating to the CPD Activities and made available to barristers and / or the general public, the Accredited CPD Provider shall refer to the BSB s accreditation scheme in such text and shall ensure that all such text clearly refers to the accrual and award of CPD in hours, not points. 6.2 In respect of any text relating to the CPD Activities and made available to barristers and / or the general public, the Accredited CPD Provider shall use the following standard text for all references to accreditation of CPD providers by the BSB: [X organisation] is accredited by the Bar Standards Board to provide CPD for barristers at the Bar of England & Wales. 6.3 In respect of any text relating to the CPD Activities and made available to barristers and / or the general public, the Accredited CPD Provider shall use the following standard text for references to accreditation of CPD Activities: This [conference / course / seminar (state as appropriate)] is accredited with [X] CPD hours for barristers at the Bar of England & Wales. 6.4 The BSB reserve its rights to seek criminal prosecution of any individual who, or organisation which, seeks to use the Bar Council s or Bar Standards Board s name, material, logos or trademarks for unlawful purposes and, where appropriate, will take action within the civil courts of any applicable jurisdiction against any individual or organisation discovered to be using the 18

21 ANNEX 1: CPD ACCREDITATION TERMS & CONDITIONS Bar Council s or Bar Standards Board s name, logos, trademarks for unauthorised or unlawful purposes. 7 LIABILITY AND INDEMNITY 7.1 The Accredited CPD Provider shall keep the BSB indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the BSB as a result of or in connection with: any claim brought against the BSB for actual or alleged infringement of a third party s intellectual property rights arising out of, or in connection with the supply of the CPD Activities, to the extent that the claim is attributable to the acts or omissions of the Accredited CPD Provider, its employees, agents or subcontractors; and any claim made against the BSB by a third party arising out of, or in connection with, the supply of the CPD Activities, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Agreement by the Accredited CPD Provider, its employees, agents or subcontractors. 7.2 This clause 7 shall survive termination of the Agreement. 8 TERM AND TERMINATION 8.1 The Agreement shall come into effect on the Commencement Date and shall terminate on 31 December of each Calendar Year. 8.2 The Agreement shall be automatically renewed upon receipt of the CPD Accreditation Annual Fee by the BSB. 8.3 The BSB may at any time decide not to automatically renew the Agreement under clause 8.2 and/ or decide to revoke accreditation of the Accredited CPD Provider and any such decision by the BSB will be final and at the sole discretion of the BSB. 8.4 The BSB may immediately terminate the Agreement by giving written notice to the Accredited CPD Provider if: any sum owing to the BSB by the Accredited CPD Provider is not paid within 30 Business Days of payment falling due; the Accredited CPD Provider fails to meet or breaches any of the provisions of the Agreement and this is not rectified within a reasonable timeframe as notified to it by the BSB; the Accredited CPD Provider suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 19

22 BSB CPD PROVIDER ACCREDITATION SCHEME 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; the Accredited CPD Provider commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of the Accredited CPD Provider with one or more other companies or the solvent reconstruction of the Accredited CPD Provider; a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Accredited CPD Provider (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of the Accredited CPD Provider with one or more other companies or the solvent reconstruction of the Accredited CPD Provider; the Accredited CPD Provider (being an individual) is the subject of a bankruptcy petition order; a creditor or encumbrancer of the Accredited CPD Provider attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Accredited CPD Provider (being a company); a floating charge holder over the assets of the Accredited CPD Provider (being a company) has become entitled to appoint or has appointed an administrative receiver; a person becomes entitled to appoint a receiver over the assets of the Accredited CPD Provider or a receiver is appointed over the assets of the Accredited CPD Provider; any event occurs, or proceeding is taken, with respect to the Accredited CPD Provider in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause to clause (inclusive); the Accredited CPD Provider suspends or threatens to suspend, or ceases or threatens to cease to carry on, all or a substantial part of its business; or the Accredited CPD Provider (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation. 8.5 The Accredited CPD Provider may at any time, by giving to the BSB such notice (if any) as the Accredited CPD Provider may determine, terminate the Agreement if the BSB ceases to be responsible for accrediting CPD providers to provide CPD for barristers at the Bar of England and Wales. 20

23 ANNEX 1: CPD ACCREDITATION TERMS & CONDITIONS 9 GENERAL 9.1 The Accredited CPD Provider may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Agreement without the prior written consent of the BSB. 9.2 Any notice or other communication given to a party under or in connection with the Agreement shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next Business Day delivery service, commercial courier, fax or A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 9.2; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier s delivery receipt is signed; or, if sent by fax or , one Business Day after transmission. 9.4 The provisions of clauses 9.2 and 9.3 shall not apply to the service of any proceedings or other documents in any legal action. 9.5 If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 9.5 shall not affect the validity and enforceability of the rest of the Agreement. 9.6 A waiver of any right or remedy under the Agreement or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 9.7 Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture or fiduciary relationship between the parties other than the contractual relationship expressly provided for in the Agreement. 9.8 A person who is not a party to the Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement. 9.9 Except as set out in the Agreement, no variation of the Agreement, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the BSB The Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. 21

24 BSB CPD PROVIDER ACCREDITATION SCHEME 9.11 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims). 10 DATA PROTECTION 10.1 Each party shall comply with its respective obligations under Data Protection legislation Where the Accredited CPD provider, as part of the provision of the accredited CPD Activities, processes Personal Data as a Data Processor on behalf of the BSB, the Accredited CPD provider shall: (a) (b) (c) (d) (e) act only on instructions from the BSB as Data Controller; comply with the BSB s instructions in relation to the processing of Personal Data (as such instructions are given and varied from time to time by the BSB); process the Personal Data only to the extent, and in such manner as is necessary for the provision of the accredited CPD activities or as is required by applicable law or any regulatory body; at all times take all appropriate technical and organisational measures against unauthorised or unlawful processing of Personal Data and against accidental loss, destruction of, damage to, alteration or disclosure of Personal Data (these measures shall be appropriate to the harm which might result from any unauthorised or unlawful processing, accidental loss, destruction or damage to the Personal Data and having regard to the nature of the Personal Data which is to be protected); notify the BSB (within five Business Days) if it receives: (i) a request from a Data Subject to have access to that person s Personal Data; (ii) a complaint or request relating to the BSB s obligations under the relevant legislation; or (iii) notice of an information assurance breach; (f) provide the BSB with full cooperation and assistance in relation to any complaint or request made, or any information assurance breach including by: (i) providing the BSB with full details of the complaint, request or breach; (ii) complying with a data access request within the relevant timescales set out in the relevant legislation and in accordance with the BSB s instructions; (iii) providing the BSB with any Personal Data it holds in relation to a Data Subject (within the timescales required by the BSB); and (iv) providing the BSB with any information requested by the BSB The Accredited CPD Provider shall: (g) take reasonable steps to ensure the reliability of any staff involved in the provision of the accredited CPD activities who have access to the Personal Data; 22