Bar Standards Board publishes enforcement updates

The Bar Standards Board (BSB) has today published its feedback statement on the outcome of its recent consultation on the proposed new Enforcement Regulations, which took place between May and July 2026. This document summarises the responses received, along with the BSB’s conclusions and next steps. Starting on or around 1 February 2027, the new regulations will be implemented across all cases, except for those already convened for a hearing on or before 31 January 2027.

One significant change includes the requirement to publish outcomes concerning Disciplinary Tribunal hearings, even in instances where charges against a barrister have been dismissed, unless otherwise ordered by the Tribunal. Additional powers will now be granted to the BSB, allowing for interim orders to be sought before a hearing, with referrals made based solely on conditions. Furthermore, both the BSB and the barrister will have the ability to request reviews of interim undertakings while they remain in effect.

Another notable amendment permits the BSB the right to appeal decisions made by a Health Panel, a power previously exclusive to the barrister. Feedback on the drafting of the Regulations and the open justice policy regarding non-party access to documents has been taken into consideration as well. The BSB is currently finalising these new Enforcement Regulations, which will replace Parts 5A to D of the BSB Handbook, pending approval from the Legal Services Board.

Phil Golding, Director General of the Bar Standards Board said “These reforms will lead to speedier outcomes, better support for witnesses and will increase the transparency of tribunal hearings. We are grateful for the support from our stakeholders in helping to shape the draft regulations to deliver against these objectives.” The BSB has committed to keeping both the profession and the public updated on the progress of this work and will announce the implementation date for the new regulations once approved.