CILEX has two very distinct and separate roles: it is the professional body that supports the education, development and interests of specialist legal practitioners and is the Approved Regulator for those practitioners under the Legal Services Act (2007).
In this role it has a duty to delegate the day-to-day regulatory activities for our members to a separate and independently run organisation that operates at ‘arms-length’ from CILEX.
CILEX has no authority or influence over how the ‘Delegated Regulator’ discharges its regulatory activities including the setting of standards of conduct and competence required to be a Chartered Legal Executive, the awarding of practising certificates, granting of practice rights and the handling of any complaints about professional malpractice.
Under the approval of the Legal Services Board, CILEX currently delegates these activities to CILEX Regulation Limited (CRL).
How we act as the Approved Regulator
Unlike all the other professional bodies who have the joint role of being an Approved Regulator and the representative body for a profession, our governance structure enables us to maintain a strict differentiation between the Approved Regulator role acting in the public interest and our representative functions.
First and foremost we have achieved this by delegating delivery of the regulatory functions to a separate independent body.
Secondly, when we consider matters as the Approved Regulator, we do so by excluding the active participation of the three Non-Executive Directors who are regulated under our arrangements. Decisions are made by the Non-Executive Directors who are independent of the regulatory framework for CILEX members and only they cast votes in any decisions we make acting in this role, avoiding any question of a possible conflict of interest that arises when members of any regulated community take decisions about their own regulation.