Administration and Application of the CILEx CPD Scheme

Students upgrading to Membership

If a student of the Institute is upgraded to Membership during the CPD year (January to December), he or she will not be required to complete any CPD until the start of the CPD year following their upgrade to Membership. New Members will be able to access online guidance notes and a logbook in the December before the start of the new CPD year.

Members upgrading to Fellowship

If a Member of the Institute is upgraded to Fellowship during the CPD year (January to December) he or she will only be required to complete 12 hours CPD during that year. He or she will be required to complete 16 hours CPD from the start of the CPD year following their upgrade to Fellowship.

Fellows and Members Working Outside Legal Practice

Fellows or Members who are currently working outside legal practice will be required to complete CPD in the normal way in accordance with the Regulations, although they will not be required to designate a specialist area for CPD study.

Self-employed Fellows or Members

Fellows or Members who are self-employed, whether providing legal services or otherwise, will be required to complete CPD in accordance with the Regulations.

Retired Fellows or Members

Retired Fellows or Members are exempt from the requirement to complete any CPD training.

Legal Accounts Executives

Legal Accounts Executives, whether Fellows of the Institute or not, are required to undertake CPD, although they are not required to nominate a specialist area. They are subject to the same conditions as Fellows and any reference to Fellows in this guide includes Legal Accounts Executives.

Legal Executive Advocates

Legal Executive Advocates are required to undertake a minimum of 16 CPD hours, but at least 5 hours must be undertaken in advocacy skills.

Part-time Employment

Fellows in any form of part ­time employment are required to undertake a minimum of 16 hours CPD in the same way as Fellows in full­time employment. This is non­discretionary.

Members in any form of part-time employment are required to undertake a minimum of 12 hours CPD in the same way as Members in full­time employment. This is non­discretionary.

Overseas Fellows and Members

Fellows or Members working outside the United Kingdom are subject to CPD. Overseas Fellows or Members may undertake training relevant to their own professional development using any of the methods available to United Kingdom Fellows or Members. However, as the Institute is unable to list overseas training providers, the following concessions apply:

(i) Overseas Fellows or Members may attend local training courses in their nominated specialist area, if the course provider is approved by the local Bar or Law Society, or other such recognised legal professional body. Fellows or Members are required to enter in the logbook the name and address of the training provider, and full details of the course undertaken.

(ii) Overseas Fellows or Members may undertake any training in non-specialist areas up to 8 hours for Fellow’s and 6 hours for Member’s, whether law or non-­law, which is relevant to their individual professional development. Fellows or Members are required to enter in the logbook the name and address of the training provider, and full details of the course undertaken. Random checks will be made to verify the accuracy of the details provided.

Fellows and Members Required to Undertake CPD with other Professional Bodies

The Chartered Institute recognises that many of its Fellows and Members are Members of other legal professional bodies, such as the Law Society and Council for Licensed Conveyancers. These bodies have their own continuing professional development scheme for Members. It is possible, therefore, for Fellows and Members to ‘double count’ CPD completed through that body towards completion of the CILEx CPD obligations, provided all the conditions of the CILEx scheme are met. Fellows who have already completed CPD in their capacity as Solicitors or Licensed Conveyancers may produce this CPD evidence to satisfy their CILEx CPD. The ILEX CPD year need not coincide with those of other professional bodies.

Dispensation from CPD for Reason of Absence

Fellows or Members who are absent from employment, whether in legal practice or otherwise, due to:

· illness

· unemployment

· maternity leave are not required to undertake CPD during the period in which the situation applies.

The reason for the absence and the dates should be entered on the Fellow’s or Member’s logbook. The declaration signed on the logbook will certify the truth and accuracy of the circumstances giving rise to the absence.

Period of absence is less than six months in any one CPD year:

Fellows or Members are expected to resume CPD on their return to work, and will be required to complete the full CPD requirement (being 16 hours for Fellow’s and 12 hours for Member’s).

Period of absence is more than six months in any one CPD year:

Fellows or Members will be entitled to a dispensation and will not be required to complete their CPD requirements for that year. Where a Fellow or Member enters the reason for dispensation as ill health, he or she must send supporting medical evidence through to the CILEx Membership department.

Fellows or Members who have had periods of absence for the reasons listed above, may still be subject to the random sampling of logbooks.

Further details on dispensation are available from the CILEx Membership team on 01234 841000.

Failure to Comply with CPD Requirements

Failure to comply with the CPD requirements is a breach of CILEx Regulations. It constitutes misconduct, and will be referred to ILEX Professional Standards Ltd, which will consider whether a reference should be made to the Disciplinary Tribunal. The Disciplinary Tribunal has the power to exclude Fellows and Members, and to fine or reprimand them.

However, Fellows or Members who have been unable to complete their CPD requirement for any given year due to particular circumstances, will be able to request an extension to the time given to complete the CPD for that year. An extension form will be provided on request by CILEx, and the Fellow or Member must sign and return it to CILEx. The extension, which is discretionary, will be for an initial period of 6 months. It may be possible to apply for a further 6 months extension in exceptional circumstances, where the Fellow or Member has encountered genuine difficulties in achieving the 16 hour or 12 hour requirement. This will not, however, relieve the Fellow or Member of the requirement to complete their outstanding hours (being 16 hours for Fellows and 12 hours for Members) the following year.

Any CPD undertaken will be first used to satisfy the requirement of the previous year if this has not yet been completed. Guidance and support is available for Fellows or Members who face genuine difficulties in completing their CPD, but, when the extension period has expired, or if a request for an extension is refused, Fellows or Members who have still not completed the CPD requirement will be referred to ILEX Professional Standards.