Continuing Professional Development Regulations
A. Definition
(1) Continuing Professional Development (CPD) is defined as
:
‘The systematic maintenance, improvement and extension of the
professional and legal skills, and personal qualities, necessary
for the execution of professional and legal duties, and compliance
with the standards required by IPS of ILEX members throughout their
working life.’
(2) For the purpose of these regulations references to
members means Fellows, Legal Accounts Executives, Graduate members,
Associate members and Associate Prosecutor members of ILEX.
B. CPD
Requirement
(1) The CPD year begins on 1 January and ends on 31
December.
(2) Members of the Institute of Legal Executives (ILEX),
resident either in the United Kingdom or overseas, with the
exception of retired members, are required to undertake CPD. The
amount of CPD to be undertaken during the year is as follows:
• Fellows and Legal Accounts Executives must undertake a
minimum of 16 hours CPD;
• Associate Prosecutor members must undertake a minimum of 16
hours CPD;
• Graduate members must undertake a minimum of 12 hours CPD;
and
• Associate members must undertake a minimum of 8 hours
CPD.
Members must meet the CPD requirement which applies to their
grade of membership as at 1 January 2011. A member who is
registered during 2011 in a grade of membership which is subject to
CPD requirements will not need to undertake CPD until the following
year.
(3) Excess hours over the minimum required may not be
carried forward to the following CPD year.
(4) At least half of the CPD hours completed during the
year must be in the member’s chosen specialist area (‘the
specialist area’) and the rest may be in an area relevant to the
member’s professional development outside his or her chosen
specialist area (‘the non-specialist area’).
(5) CPD activities in a member’s nominated specialist area
may be claimed for up to all the required CPD hours per annum.
(6) CPD activities in a member’s non-specialist areas may
be claimed for up to half of the required CPD hours per annum.
(7) Members working outside legal practice are required to
undertake the full CPD hours, but need not designate a specialist
area.
(8) A member must record CPD activities undertaken in the
CPD year through the online logbook recording system. Sufficient
information must be recorded to show the activity undertaken meets
the guidelines for valid CPD activities. Valid CPD activities are
described in Guidance to these rules and may be amended or varied
from time to time.
(9) Guidance to these rules sets out what hours may be
claimed for various CPD activities.
(10) A false declaration regarding completion of a CPD
activity will be regarded as misconduct.
C Legal Executive
Advocates
(1) Fellows who are ILEX Advocates are subject to the CPD
requirements of the Rights of Audience Certification Rules, in
addition to these regulations.
(2) Legal Executive Advocates are required to
complete 5 hours advocacy skills training and must complete the
remaining 11 hours required under these Regulations
D Dispensation from CPD Requirements
(1) A member who is absent from employment during 2011,
whether in legal practice or otherwise, for more than 6 months due
to illness, unemployment or maternity or paternity leave, need not
fulfil his or her CPD requirement for the year.
(2) The reason for the absence and the dates must be
entered on the member’s logbook. Evidence of the reasons for
absence from employment due to illness, unemployment, maternity or
paternity leave, may be requested by IPS.
E Failure to Comply with CPD
Requirements
(1) A member must complete his or her CPD logbook online by
31 December 2011.
(2) A member who believes he will be unable to meet the CPD
requirements by 31 December 2011 may apply for dispensation in
respect of Regulation E(1). A request for dispensation must be made
no later than 30 November 2011 and must include an explanation of
the circumstances which have prevented the member from meeting the
CPD requirements and an action plan to comply with the requirement
within the first 3 months of 2012.
(3) Unless a dispensation has been granted under
regulations D(1) or E(2), a member who fails to comply with the CPD
requirements by 31 December 2011 will have the rights which attach
to their grade of Membership suspended from 1 January 2012.
They will not be able to use their grade title or designatory
letters or, in the case of Fellows and immigration practitioners,
exercise any of their practice rights unless they comply with the
requirements.
(4) If a member fails to comply with the CPD regulations by
31 March 2012, their conduct will be investigated under the
Investigation Disciplinary and Appeals Rules and, if appropriate,
referred to the Professional Conduct Panel as a breach of these
Rules and the Code of Conduct. The Professional Conduct Panel
has the power to reprimand or warn members regarding their conduct;
impose conditions upon members or require them to give
undertakings; or it may refer cases to the ILEX Disciplinary
Tribunal. The Disciplinary Tribunal has additional powers to
exclude a member from ILEX, or to fine or to make an order for
costs against them.
.
F Alterations to the
Regulations
These Regulations are made by IPS under the powers accorded to
it under its Memorandum and Articles of Association.