CILEX maps out next steps in reform programme

CILEX has mapped out the next steps in its reform programme covering governance, membership structure and regulation.

In a letter to members, CILEX confirmed it had finalised the details of changes to its governance and membership grades and titles, and was now ready to make an application to the Privy Council to amend its Royal Charter and byelaws. This follows the “overwhelming support” for them in last year’s enhancing Consumer Trust and Confidence consultation.

CILEX will hold a special general meeting to adopt the revisions – granting voting rights to all member grades and enabling the appointment of paralegals and student members to the Professional Board, as well as adoption of Chartered Paralegal and Chartered Lawyer titles – details of which will be circulated once Privy Council scheduling is confirmed.

CILEX will then conduct a recruitment exercise to appoint student and paralegal members into its governance structure and also press ahead with the new Chartered Paralegal grade of member, after a successful pilot of the assessment process and finalising the new standard against which chartered status will be awarded.

Chartered Lawyer titles also require Privy Council approval. The plan has been revised based on consultation feedback and will retain the link to CILEX qualification and distinct professional identity as a CILEX Chartered Lawyer. They are planned to come into effect from January 2025 as part of the next renewal cycle.

On proposals to redelegate the regulation of CILEX members to the Solicitors Regulation Authority (SRA), CILEX explained that the process required a longer timetable and that the earliest date for any change would be 2025.

CILEX has received additional assurances and clarifications from the SRA on issues raised during the consultation process, namely:

• Its independence from the Law Society and the provision of an equal voice for the CILEX and solicitor professions;
• Assurance regarding the cost of regulation and the principle of no cross-subsidy, in light of the Axiom Ince case;
• More detail as to how it will fulfil its commitment to preserve the distinct identities and routes into the law of solicitors and CILEX lawyers; and
• Proposals as to how SRA branding can be adapted to better reflect its jurisdiction regulating a range of legal professionals.

At its board meeting in January, the SRA reviewed the outcomes of its own consultation, together with the request for assurances, and reconfirmed its willingness to regulate CILEX members. This has led to a follow-up consultation on how it plans to regulate CILEX paralegals and students, which was published on 20 March 2024.

The SRA board will meet again in June to consider the outcomes of that consultation and to finalise its position on the regulation of CILEX professionals.

CILEX’s board will then meet in July, in public session, to make a final decision on whether to submit an application to the Legal Services Board to transfer its regulatory delegation to the SRA.

Finally, CILEX announced changes to its leadership structure to recognise “the extensive work involved in securing and implementing the charter and regulatory changes alongside CILEX’s existing business plan commitments”.

Linda Ford, chief executive since 2017, will continue to lead the reform work, including the charter changes and review of CILEX’s regulatory delegation, as Registrar of the institute. She will also maintain executive responsibility for CILEX’s public interest duties, regulatory compliance, governance, stakeholder engagement and public affairs activity.

Craig Hamer, who has led CILEX’s operational delivery as chief operating officer since 2022, has taken over as operational chief executive with responsibility for commercial, education and membership service functions.

This arrangement, CILEX explained, will “continue to preserve the necessary separation of CILEX’s commercial and public interest activities as well as ensuring resources can be balanced across both strategic priorities and operational activities”.

To keep in touch with the latest developments on all of these changes please refer to CILEX’s dedicated webpage: CILEX Reforms: Enhancing Public Trust & Confidence | CILEX.