We issue consultations to seek views of stakeholders on our proposals to change our regulatory rules or procedures. We also regularly respond to consultations issued by other organisations.

The following CILEx Regulation consultations are now closed:


2023


Higher Rights of Audience Consultation – second stage:

To consider proposed changes to the Practitioner Authorisation Rules and the new Standards to be able to authorise CILEX Practitioners with litigation and advocacy rights for Higher Rights of Audience

Consultation closed: 4pm Monday 11 September 2023

Consultation responses:

Higher Rights of Audience Second consultation responses document

In September 2022, CILEx Regulation (CRL) held a consultation to consider whether to make an application to be able to authorise CILEX Practitioners with litigation and advocacy rights for Higher Rights of Audience.

The purpose of the second consultation is to consider proposed changes to the Practitioner Authorisation Rules and the new Standards, covering the additional competences required to be able to authorise CILEX Practitioners with litigation and advocacy rights for Higher Rights of Audience.

This consultation is open to members, other approved regulators, consumers of legal services and any other interested parties.

How to respond

*Consultation now closed*

Please access the Higher Rights of Audience consultation survey.

Consultation on the Practising Certificate Fee for 2024

Consultation closed on Wednesday 23 August 2023

CILEx Regulation (CRL) and CILEX annual consultation on the Practising Certificate Fee and are seeking views on the proposals for 2024.   

The purpose of this consultation is to outline how we have used our share of your practising certificate fee in the first 5 months of 2023 and to set out our proposals for the 2024 practising certificate fee.

For more information, please read the consultation document below:
CILEx Regulation Practising certificate consultation 2024

How to respond

Consultation now closed.

Once you have read the consultation document, to submit a consultation response, please select the survey link below relevant to your authorisation category :

  • Chartered Legal Executives
  • Chartered Legal Executive Advocates and CILEX Practitioners
  • CILEX Authorised Entities
  • CILEX-ACCA Probate Firms and Practitioners

 

Specialist Regulation for the Future of an Independent Profession

This consultation closed on Monday 26 June 2023 – see news post for next steps.

Consultation responses:

Summary of Responses document
Short survey responses
Long survey responses

Legal Services Consumer Panel (LSCP) Response document
CRL Strategic Risk Committee (SRC) Response document
Bloomsbury Institute Response document

This consultation sought views on how we can make the current regulatory model work better for consumers, the regulated community and the wider public. These are the key issues:

  • Whether you support the present system of independent regulation for CILEX professionals;
  • Whether you support our plans to put proposals to CILEX to reshape the way the PCF is calculated, which should enable us look to reduce costs for Fellows whilst others we currently regulate bear their share of the costs of regulation;
  • Whether you support our plans to modernise the relationship between CILEX and CRL to give CRL more operational independence, and enable us to provide a better service;
  • Whether you support our plans to simplify the way people can start a law firm – “CRL Law Firm in a Box”- which will help more CILEX professionals and others set up a business;
  • Whether you support our plans to ensure education requirements reflect the specialist needs of CILEX practitioners; and
  • Whether you support the increased efforts to champion the importance of CILEX professionals.

Consultation document

Consultation webinar Q&As 

13 June 2023
15 June 2023

Please email info@cilexregulation.org.uk with any queries.


2022


Consultation to consider whether to make an application to be able to authorise CILEX Practitioners with litigation and advocacy rights for Higher Rights of Audience

This consultation closed: 3 January 2023

The purpose of this consultation is to determine whether CRL should make an application to the Legal Services Board to enable competent CILEX Practitioners holding litigation and advocacy rights to apply for authorisation to conduct advocacy in all courts (Higher Rights of Audience).

This consultation sets out how CRL proposes to assess applicants for authorisation in all courts (Higher Rights) and CRL is seeking views on these proposals.

We welcome responses from our regulated community and other stakeholders including other approved regulators, consumers of legal services and any other interested parties.

Consultation document and questions

Appendix 1 : Practitioner Authorisation Rules


Consultation on the draft chartered legal executive Level 6 Occupational standard 

This consultation closed: 17 October 2022

As part of the development of the revised chartered legal executive apprenticeship, the Institute for Apprenticeships and Technical Education (IFATE) is consulting on the content of the attached draft occupational standard.

CRL is publishing the draft standard, to ensure that the content of the standard meets the requirements of a newly qualified chartered legal executive and to provide evidence of support for the changes.

We would be grateful for your views on the attached draft occupational standard and ask that you answer the questions through the online form provided below.

Draft preview – Chartered Legal Executive Level 6 occupational standard


Consultation on the review of the definition of qualifying employment and experience

This consultation closed on 9 September 2022

CILEx Regulation proposal to change the definition of qualifying employment and the minimum time-served requirements for qualifying experience prior to admission as a Chartered Legal Executive.  Key consultation proposals:

  • Replacing the term “qualifying employment” with “qualifying experience” to recognise that the focus is on the legal work experience an applicant has gained from the work that they do, rather than their employment status.
  • Replacing the requirement for “wholly legal work” with “work that contributes to the provision of legal services”.
  • Replacing the requirement for 3 years’ experience with an aggregate total of 2,300 hours.

Consultation document
Annex 1 (Tracked changes)
Annex 2 (Tracked changes)


Consultation on the Practising Certificate Fee for 2023  

This consultation closed on Wednesday 31 August 2022   

CILEx Regulation (CRL) and CILEX are undertaking the annual consultation on the Practising Certificate Fee and are seeking your views on the proposals for 2023.   

 The main features include: 

  • holding the practising certificate fee at the 2022 level – against the backdrop of rising inflation with the Consumer Prices Index (CPI) currently at 9.4%;  
  • CRL’s proposal to rebalance the costs of regulation across the whole of the CILEX regulated community and;
  • CILEX’s proposal to replace the physical practising certificate with a digital ‘badge’

For more information, please read the consultation document below:
CILEx Regulation Practising certificate consultation 2023

Once you have read the consultation document, to submit a consultation response, please select the survey link below relevant to your authorisation category :

<<<Surveys now closed>>>


Consultation on changes to consumer protection arrangements for clients of CILEX Authorised entities

This consultation closed on 8 July 2022

Consultation seeking views on CRL’s proposal to remove the ability for CRL regulated firms to hold client money and replace the existing CRL overseen ‘client account’ arrangements with a Third-Party Managed Account (TPMA) supplied by Shield Pay.

CRL is proposing this change to ensure the longer-term sustainability of client protection arrangements related to potential dishonesty, which support CRL’s regulated firms, following the withdrawal last year of the insurer underwriting the CILEX compensation arrangements.

Consultation document


Consultation on remote disciplinary hearings

This consultation closed on 28 April 2022

CILEx Regulation proposal to alter its Enforcement Rules to create a permanent presumption of remote (virtual) disciplinary proceedings (unless there are circumstances that make it unfair to proceed remotely). The consultation looked at whether:

➢ it is appropriate for CILEx Regulation to permanently move to remote (virtual) disciplinary proceedings as the starting point;
➢ the proposed approach offers the necessary protections to all parties involved; and
➢ whether the draft rules being adopted provide the necessary regulatory standards and protections.

Consultation document
Annex A – Enforcement Rules with proposed changes
Annex B – Decision making flowchart


Consultation: 2022 ACCA Practising Certificate Fee 

This consultation closed on 18 February 2022

The purpose of this consultation was to set out our proposals for the 2022 ACCA Practising Certificate fees.

 


2021


Consultation: 2022 Practising Certificate Fee 

This consultation closed on 10 September 2021.

The purpose of this consultation was to set out our proposals for the 2022 Practising Certificate fees.


Consultation: To make interim amendments to the CILEX Compensation Arrangements Rules 

This consultation closed on 13 August 2021

The purpose of this consultation was to set out a proposal to amend the CILEX Compensation Arrangements Rules following the decision of CILEx Regulation’s insurer to end cover with effect from 2 September 2021.

 


Consultation: Quality Assurance Scheme for Advocates (QASA) 

This consultation ran for four weeks, from 18 June 2021 until 16 July 2021

CILEx Regulation consulted on the proposal to amend the Rights of Audience Certification Rules to remove reference to the Quality Assurance Scheme for Advocates (QASA) and to replace the QASA elements with additional competency requirements, particularly focused on Youth Court advocacy.


Consultation for recognition of prior legal qualifications policy and handbook

This consultation closed on 16 February 2021

As part of wider proposals to change the route to become a Chartered Legal Executive, CILEx Regulation is proposing to create a policy to recognise prior legal qualifications, which will enable applicants with certain legal qualifications that meet the authorisation requirements to apply for authorisation directly to CILEx Regulation.


Consultation for CILEx Regulation approved qualifications policy and handbook

This consultation closed on 16 February 2021

As part of wider proposals to change the route to become a Chartered Legal Executive, CILEx Regulation is proposing to create an approved route for training providers, which will allow providers to offer legal qualifications that meet the authorisation requirements. An approved qualification will meet the academic requirements for authorisation.


2020


Practising Certificate Fee – Fellows, Advocates and Practitioners, and Entities

The consultation closed on Monday 19 October 2020

Each year we calculate the likely costs of regulation for the following practising year and consult with those individuals and entities which pay the practising fee. We consult with affected regulated individuals where there is a proposal to increase the fee payable and we consult periodically with regulated individuals where there is no proposed increase in the fee payable.

For the 2021 practising certificate fee, the proposal is to hold all practising fees at their current rates. We consulted with the following practitioners:

This consultation was seeking views on the proposed regulatory fees for the 2021 practising year, as they affect you.


ACCA Probate Regulation consultation 

This consultation closed 7 October 2020

CILEx Regulation consulted on the proposal to become the regulator of Association of Chartered Certified Accountants (ACCA) firms for the reserved activity of probate

The consultation set out details of CILEx Regulation’s proposed approach to enable ACCA firms to continue to offer non contentious probate services to their clients.


CRL Enforcement Rules changes consultation 

This consultation closed 1 October 2020

CILEx Regulation is consulting on proposals to change the Enforcement Rules to:

  • increase the maximum term of appointment of a disciplinary panel member; and
  • allow disciplinary tribunals to be held remotely.

The Enforcement Rules set out details of the procedures and panels for CILEx Regulation’s disciplinary processes.


Consultation: Transparency Rules – Immigration

Proposed changes to our Transparency Rules to extend them to include immigration law. Closed on 31 July 2020.


2019


Consultation on our proposal to charge a pro-rata fee to reinstate a practising certificate part-way through a year

We are proposing to charge a pro-rata fee to reinstate a practising certificate part-way through a year. We believe this will make the reinstatement fee fairer and better able to accommodate people’s changing circumstances. Closed 2019.

Consultation (pro rata fees for reinstatement)


Consultation: authorisation rules and exemptions policy

This consultation sought your views on proposed changes to our rules for admissions to Fellowship and CILEx Practitioner status and on amendments to our exemptions policy. Closed 2019.


Consultation: Practice Rights

This consultation sought your views on the proposal to introduce an alternative route by which individuals, who have met the education, training and work experience requirements to achieve Fellow status, may be granted additional practice rights. Closed 2019.


Consultation: Education Standards

CILEx Regulation proposed redeveloping its education standards, to create simplified pathways to authorisation. Closed 2019.

Consultation and Response Form
Annex 1: Dispute resolution
Annex 2: Criminal law practitioner
Annex 3: Family law practitioner
Annex 4: Immigration law practitioner
Annex 5: Property practitioner
Annex 6: Wills and probate practitioner
Annex 7: Employment law practitioner
Annex 8: Business Law Practitioner
Annex 9: General practitioner
Annex 10: Competence Framework PDF
Annex 11: Summary of Proposed Education Standards


Consultation: 2019 Practising Certificate Fee

For the 2019 practising certificate fee, we consulted on the following proposals:


2018


Consultation: Transparency Rules

CILEx Regulation consulted on the Transparency Rules that will underpin its approach to implementing Competition and Markets Authority (CMA) recommendations to legal regulators. Closed 2018.


2017


Consultation: Publishing transparency information for consumers

CILEx Regulation consulted on information we propose to require our regulated firms to publish to deliver transparency information for consumers in the legal services market. Closed 2017.


Consultation: Proposal to amend the CPD regulations and CPD handbook

CILEx Regulation consulted on a number of proposals to make changes to the CPD regulations and handbook. This consultation closed on 18 August 2017.


Consultation: Changes to our Investigation, Disciplinary and Appeals Rules to extend them to cover Alternative Business Structures and to provide operational clarity.

CILEx Regulation consulted on proposals to change our Investigation, Disciplinary and Appeals Rules to extend them to Alternative Business Structures. The consultation closed on 20 July 2017.


Consultation: Proposal to alter the Associate Prosecutor Rights of Audience and Litigation Certification Rules

CILEx Regulation consulted on a number of proposals to make minor changes to the Associate Prosecutor Rights of Audience and Litigation Certification Rules, in order to reflect the changes in the criminal justice system, notably the prosecution of road traffic offences now being almost exclusively conducted by the police. The consultation closed on 17 July 2017.


Consultation: Changes to the Professional Indemnity Insurance (PII) Scheme Rules and Minimum Wording to Cover the Insurance Act 2015 and Alternative Business Structures (ABS)

CILEx Regulation consulted on a number of changes that are required to bring the CILEx PII Rules and Minimum Wording up to date ahead of the proposed application by CILEx Regulation on behalf of CILEx to become a Licensing Authority in 2017. This consultation closed on 2 June 2017.


Consultation: transitioning towards an insurance backed compensation scheme

CILEx Regulation consulted on proposals to change the CILEx Compensation Fund Rules with a view to moving towards a largely insurance backed compensation scheme. The consultation closed on 5 May 2017.


2016


Licensing Authority application

CILEx Regulation consulted on making an application for CILEx to become a Licensing Authority. This consultation closed on 18 March 2016.


2015


Removal of the 7-year Rule from Exemptions Policy for Qualifications

This consultation proposed to remove a requirement, which stated that where a member sought an exemption from a CILEx subject, based on equivalent alternative qualifications, the applicant must have successfully completed the qualification within the previous seven years of the date of application for the exemption. This consultation closed on 2 October 2015.


2014


Fines

IPS consulted on the approach it will take to fining CILEx members, authorised persons, entities and approved managers in entities regulated by IPS after a finding of misconduct is made and where the Tribunal decides a fine is an appropriate penalty. This consultation closed on 22 April 2014.


2012


Complaints and Disciplinary Arrangements

IPS consulted on the approach it will take to the investigation of complaints made about the conduct of CILEx members and entities regulated by IPS and its disciplinary powers. The consultation closed on 2 November 2012.


Professional Indemnity Insurance and Client Protection Arrangements

IPS consulted on Professional Indemnity Insurance (PII) and Client Protection arrangements for the protection of clients of future IPS regulated entities. This consultation closed on 19 October 2012.


Application for Reserved Legal Activity rights and regulatory arrangements for immigration advisors

IPS consulted on applications under the Legal Services Act 2007 for CILEx to become an approved regulator for awarding reserved legal activity rights to conduct litigation; to undertake reserved instrument activities and probate activities; and to introduce regulatory arrangements for immigration advisors. This consultation closed on 19 October 2012.


Code of Conduct

IPS consulted on changes to the Code of Conduct in light of the practice rights. The consultation covers entity and individual conduct and accounts rules. The consultation closed on 19 October 2012.


CPD Scheme

IPS consulted on proposals to revise the Continuing Professional Development (CPD) scheme for CILEx members. The consultation closed on 21 September 2012.


Risk-Based and Outcomes-Focussed Regulation

IPS consulted on its proposed approach to regulating entities ahead of its applications to seek Practice Rights for CILEx members in litigation, conveyancing and probate and to become a regulator of legal practices. This consultation closed on 10 August 2012.


2011


Quality Assurance Scheme for Advocates (QASA)

The Joint Advocacy Group consulted on the changes which IPS, the Solicitors Regulation Authority and the Bar Standards Board needed to make to their advocacy qualification schemes to bring into effect proposals for a quality assurance scheme for advocacy in criminal proceedings. View the consultation paper. The consultation closed on 7 November 2011.


Qualifying employment: Work Based Learning

IPS consulted on its refined proposals to revise the qualifying employment arrangements for ILEX members. This consultation closed on 4 November 2011. The consultation paper can be found here.


2010


Quality Assurance Scheme for Criminal Advocates

The Joint Advocacy Group (JAG) consulted on proposals for a scheme to quality assure advocates in the criminal courts. The Joint Advocacy Group (JAG) was established by the Bar Standards Board, the Solicitors Regulation Authority and ILEX Professional Standards to develop a quality assurance scheme for advocates across the three professions. The consultation paper set out the framework for implementing the scheme. The consultation closed on 12 November 2010. The consultation document can be downloaded here.


Criminal Litigation Rights

IPS consulted on its proposals to make an application under the Legal Services Act 2007 to become an approved regulator for the purposes of granting rights to conduct litigation in criminal proceedings to qualified members. This consultation closed on 22 October 2010. The consultation document can be found here.


Qualifying Employment: Work Based Learning

ILEX and IPS consulted on proposals to revise the revise the current arrangements for qualifying employment by replacing them with a work-based learning scheme. The consultation closed on 15 October 2010. The consultation document can be found here and the handbook here.


Legal Executive Advocates as Partners

IPS consulted on their proposal to make an application under the Legal Services Act 2007 to revise its Rights of Audience Certification Rules to enable Legal Executive Advocates to become mangers in legal practices regulated under the Legal Services Act 2007. This consultation closed on 15 October 2010. The consultation document can be found here.


Probate Rights

IPS and ILEX consulted on their proposal to make an application under the Legal Services Act 2007 to become an approved regulator for the purposes of granting additional rights to its qualified members to carry out probate activities, a reserved legal activity. This consultation closed on 3 April 2010. A copy of the consultation paper can be found here and the annexes here.


Associate Prosecutors

IPS and ILEX consulted on their proposal to make an application under the Legal Services Act 2007 to become an approved regulator in respect of advocacy and litigation undertaken by ILEX members who are Associate Prosecutors employed by the Crown Prosecution Service. This consultation closed 2010. A copy of the consultation paper can be found here and the annexes here.


Joint Consultation on Advocacy Standards

IPS, the Solicitors Regulation Authority (SRA) and the Bar Standards Board (BSB) consulted jointly on advocacy standards in criminal proceedings. The consultation paper can be found here and a covering note explaining the background here. The consultation closed on 22 March 2010.


Litigation Rights

IPS and ILEX consulted on their proposal to make an application under the Legal Services Act 2007 to become an approved regulator for the purposes of granting additional rights to its qualified members to conduct litigation, a reserved legal activity, and associated rights of audience. A copy of the consultation paper can be found here and the annexes here. This consultation closed on 3 April 2010.


Proposals to seek Conveyancing Rights for ILEX Members

IPS consulted on its proposal to make an application under the Legal Services Act 2007 to become an approved regulator to grant conveyancing rights to suitably qualified members of ILEX. The consultation closed on 24 December 2010. The consultation document can be downloaded here and the annexes here.

Proposals to revise the Rights of Audience Certificate Rules: Delegated Decisions

IPS consulted on its proposal to make an application under the Legal Services Act 2007 to revise the Rights of Audience Certification Rules to enable the Admissions and Licensing Committee, established under the Rules, to delegate decision making to IPS officers in suitable instances. This consultation closed on 23 December 2010. The consultation document can be downloaded here.


2009


Proposals to revise the Code of Conduct

IPS reviewed the Code of Conduct for ILEX members and produced a new draft Code. The consultation paper sought views on the proposed changes. A copy of the consultation paper can be found here. This consultation closed on 18 December 2009.


Proposals to revise Complaints and Disciplinary rules

IPS identified that the rules under which complaints are investigated should be revised. The consultation paper proposed a number of revisions to the existing rules and the introduction of new procedures.


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