To whom does the Scheme apply?

The Faculty's continuing professional development scheme applies to all practising members from 1st January 2004. It will also apply to any non-practising member of Faculty who returns to practice on or after 1st January 2004.

What are the requirements?

The primary policy underpinning the Faculty's CPD Scheme is to encourage members to extend their knowledge in areas of law and practice relevant to their practice. This involves members attending events at which information and knowledge is imparted to them. The Faculty considers that a planned programme of continuing professional development is the most efficient way for advocates to maintain and improve their skills.

All practising members are required to complete a minimum of 10 hours of accredited continuing professional development (CPD) in each calendar year, by attendance at courses, conferences, symposia and similar events organised by training providers accredited for the purpose by the Director of Training & Education.

Members joining the Faculty or returning to practice after a period as a non-practising member, before 30th June in any year must complete 10 hours CPD in that year. Any member becoming subject to CPD after 30th June in any year, must complete 5 hours of CPD in that period, and 10 hours each year thereafter.

How is CPD administered?

Recording attendance at CPD events

Members should sign the registration document, which will be available at accredited CPD events. They are also required to keep their own record of events on an Individual Record of Attendance form (.pdf - 14.5KB) in accordance with CPD regulations 5 (1) of the Continuing Professional Development Regulations. CPD Regulations 2010 (.pdf - 78.8KB) While the Training and Education Department will maintain a record of members' attendance some CPD providers are quicker than others at providing registration details. In addition, we rely on members to inform us of individual undertakings, such as writing books or articles, tutoring and preparing responses. A member's own record will help them check their own annual record form.

At the end of the CPD year, the Training & Education Department will send each member a copy of its record of the members' CPD for the year, which the member should sign and return to the Department no later than 1st March of the year following, confirming that they agree with the details listed.

If there are any events that a member attended that are not listed, they should send details of the event, including the date(s) on which the event took place, an itinerary or programme, the subject matter covered and the contact details of the event organiser(s) to the Training and Education Department. However, a member should have applied in writing using the appropriate application form Ad Hoc Accreditation form (.pdf - 166KB). for accreditation of the event in question to the Director of Training and Education on an ad hoc basis at least two weeks in advance of the event taking place.

How CPD hours are calculated?

Accredited CPD events will carry credit in units of 30 minutes.

Accredited CPD hours are the hours spent in either courses, conferences, symposia and similar events, added up and rounded down to the nearest half an hour. Breaks and lunchtime are not included in this calculation. Members will only be credited with the hours that they actually attended, i.e., they will not be credited with the time lost if they arrive late for an event or leave early.

If a member is not only attending an event but also speaking or presenting a paper, he or she will be credited with twice the length of time spent in delivering their paper in CPD hours, in addition to being allowed CPD hours for the remaining time spent at the event. However, credit cannot be obtained for repeat delivery of an event in the same calendar year.

How do I choose appropriate courses or activities?

Given the diversity of practice at the Bar, there are no set events which members are required to attend. Although the Training and Education Department can provide advice, members have the responsibility of choosing appropriate professional development activities that contribute to their individual personal or professional development.

The Training & Education Department maintain and regularly update an online list of courses which have been accredited for CPD purposes. For more information on these contact the Training and Education Department. Courses are also advertised in ASPECT and other publications and on the notice board in Parliament House. All training provided by the Training & Education Department, the formally constituted special interest groups in the Faculty, and Stable organised CPD events are automatically accredited. In addition, the same can be said of all training provided by the following organisations: Judicial Studies Committee, Appeals Service, VAT and Duties Tribunals, Special Commissioners of Inland Revenue, Asylum and Immigration Tribunals, Criminal Injuries Compensation Authorities, Employment Tribunal Service and the Crown Office.

Cost

The Faculty is aware that members may be on a restricted income in their first few years of practice and is making every effort to ensure that there are sufficient courses available free of charge and at reasonable rates. Many of the special interest groups offer discounted fees for new members and some external providers may also give discounts on request.

Location

There are now 60 approved providers of CPD courses and events. These providers are primarily based in Edinburgh and Glasgow and a number are based in England and Wales.

Accreditation of courses

Only attendance at accredited events counts for CPD purposes. A list of currently accredited course providers may be found at List of Accredited Providers (.pdf - 82.6KB) or obtained from the Training and Education Department.

If a member wishes to attend or has attended a non-accredited event, they should complete the appropriate ad hoc accreditation application form Ad Hoc Accreditation form (.pdf - 166KB) and send it, along with details of the event to the Director of Training & Education, at the Faculty of Advocates, Mackenzie Building, Old Assembly Close, 172 High Street, Edinburgh EH1 1QX (Tel: 0131 260 5682, Fax: 0131 260 5723), at least two weeks prior to the event taking place.

How will the Faculty monitor compliance?

Accredited course providers will provide a registration document at the start or end of the CPD event, which members are required to sign to confirm that they have attended. The records will be used by the Faculty to audit a percentage of CPD records at the end of each year. Members must therefore ensure that they have signed the form and that the details on the form are accurate. Each member must also keep their own record of the events which they attend Individual Record of Attendance form (.pdf - 14.5KB)as they will be required to confirm that the details listed on the Training and Education Departments' record of attendance corresponds with their own record of attendance, no later than 1st March following the year in question.

What happens if I do not complete & submit my CPD record of attendance form?

If you do not complete and submit your CPD record of attendance form, the Director of Training & Education will refer the matter to the Dean.

What happens if I do not complete or I do not think that I will complete the minimum requirement?

If you do not complete the minimum number of hours of continuing professional development, the Director of Training & Education will refer the matter to the Dean. Therefore, If a member anticipates that they will be unable to complete the requirements in the given period, for example, if they are going on maternity or paternity leave, taking a career break or have other personal circumstances that will prevent them from completing their CPD requirement, they must apply for an extension of time Extension of Time Application form (.pdf - 14.3KB) Extension of Time guidance notes (.pdf - 17.0KB).

The Director of Training & Education has the power, in relation to any member of Faculty, to waive any or all of the CPD requirements or to extend the time within which they must be completed CPD Regulations (.pdf - 78.8KB). Applications for a waiver or extension of time must be made in writing on the appropriate application form, setting out all mitigating circumstances relied upon and supported by all relevant documentary evidence Application for Waiver Form (.pdf - 13.7KB) Application for Waiver Guidance Notes (.pdf - 16.2KB). Such applications must be accompanied by the required £125.00 administration fee (or such other sum as the Faculty Council may from time to time determine), which may be in the form of a cheque or deducted from a member of Faculty's FSL account. The Training & Education Department will seek payment from FSL before processing any application. In the case of maternity or paternity leave, it is anticipated that the fee for such an application will be waived. It is however advisable to submit a timeous application where ever possible.

The Director of Training and Education will consider each case, and if appropriate, will grant an extension of time. Members are strongly advised to contact the Training & Education Department if they anticipate having difficulty in meeting the requirements at any stage.

Compliance Reporting Dates

1st January - 31st December

All practising members of Faculty are required to fulfil their CPD requirement.

1st February

Individual CPD records held by the Training & Education Department will be sent out to each member of Faculty requesting that they check the record, noting any additions or amendments and return it to the Training & Education Department. Members' CPD requirements will only be marked as complete when the signed record form is returned.

1st March

Signed CPD records to be returned to the Training & Education Department.

Alternatively, any applications for an extension of time or waiver should be submitted to the Training & Education Department on or before this date.

15th March

The Training & Education Department will issue a final reminder to Members in the name of the Dean of Faculty.

Start of Summer Term

The Training & Education Department will report members failing to comply with the CPD Regulations to the Dean of Faculty.