All members of CILEx (practising and non-practising), all CILEx Practitioners and all individuals holding an approved role in an Authorised Entity are regulated by us and are required to answer the prior conduct questions and provide full details of any conduct that falls within rule 11(1) of the Enforcement Rules 2018.
This rule covers conduct that may affect a person’s suitability to become or remain regulated or authorised by us.
Applicants: there is a prior conduct declaration form included in the application form for CILEx membership. Relevant Persons: All CILEx Members, CILEx Practitioners and Approved Managers must make a declaration:
• as soon as the conduct occurs; and
• when CILEx membership and/or practising certificate is renewed and in any annual return; and
• on every CILEx and CILEx Regulation application form (including, but not only in, applications for qualifying employment and work based learning).
Please access the prior conduct questions and guidance to find out more.
Further guidance on specific conduct issues is set out below:
You must not declare spent convictions, cautions, reprimands or final warnings unless you are, or are applying to become, a Chartered Legal Executive, a CILEx Practitioner or an individual holding an approved role in an Authorised Entity.
Chartered Legal Executives, CILEx Practitioners and individuals holding approved roles in Authorised Entities are exempt from the restrictions regarding disclosure under the Rehabilitation of Offenders Act 1974.
You must declare all convictions, cautions, reprimands and final warnings that are not protected, including those that are spent if you are or applying to become a Chartered Legal Executive, CILEx Practitioner or an approved role in an Authorised Entities.
Guidance on whether a conviction/caution is spent can be found here.
No-one is required to declare protected convictions or cautions.
Guidance on whether a conviction/caution protected can be found here.
You may also find this useful in determining whether a conviction or caution is spent and/or protected: https://www.gov.uk/guidance/telling-people-about-your-criminal-record
If you are in an arrangement with your creditors whereby you will pay the full amount of the debt then you do not need to declare this. Examples of such a situations are where you have agreed with a creditor, e.g. your mortgage lender or your bank, that you will pay the full amount that you owe to them but over a longer period of time; or where you have a agreed to a payment holiday.
If you answered ‘yes’ and this is the first time you’ve declared the conduct, we will conduct an initial assessment to decide whether it can be approved by us or whether it has to be referred to the professional conduct panel (PCP). We will need to ask you some questions about your conduct to make this decision.
We may need to make enquiries of third parties as well. If you have answered `yes’ to any of the questions and you have declared the conduct before, it has been approved by us and you are not applying to change grade, it is unlikely that further enquiries will be made of you unless there is missing or incomplete information.
Your declaration will be recorded to enable us to confirm you have met the regulatory requirement to complete a declaration, but there will be no referral to the enforcement team.
The professional conduct panel is an independent panel which is made up of one professional member (a Chartered Legal Executive) and two lay members.
The PCP considers conduct matters referred to it by us in circumstances where the Enforcement Rules do not allow us to make a decision about the conduct declared.
The PCP is supported by an independent clerk who takes minutes of the meeting and assists with procedural matters. The clerk takes no part in the decision making.
We will write a report to the PCP and send it to them in advance of the meeting. The PCP will meet and decide what action to take, based on the information in the report, including the information you have provided.
The PCP can:
• refuse an application
• decide the conduct does not affect an application
• impose conditions in respect of future conduct
• require undertaking(s) as to future conduct
• reprimand and/or warn
• refer the conduct to the Disciplinary Tribunal as if it were an allegation of misconduct
If the PCP make any adverse findings against you, CILEx Regulation may notify other regulatory and oversight bodies of the PCP’s decision. If you are a CILEx Member, CILEx Practitioner, or Approved Manager, we may also notify your employer, record the outcome in the CILEx practice or Entity directory and publish it in-line with the CILEx Regulation Publication Policy. If published on our website, it will also appear on the Legal Choices website.
The PCP will want a signed personal statement of events setting out the circumstances that lead to the conduct. They will also want two up-to-date, signed references from two referees of good standing.
You may provide any other information that you wish the PCP to consider.
The meetings are held at CILEx offices, College House, Kempston, Bedford, MK42 7AB
The PCP is a private meeting and there is no right of attendance. If the PCP request your attendance, then you may be represented and we may also attend and be represented.
A decision will usually be made on the day of the meeting, unless further information is required by the PCP.
The PCP clerk will send the decision notice to us within 14 days of the meeting and we will send the decision notice to you within 7 days of receiving it.
Yes, you can apply again.