Solicitors (Scotland) Professional Indemnity Insurance Rules 2005 [June 2005]
Rules dated 29 April 2005 made by the Council of the Law Society of Scotland with the concurrence of the Lord President of the Court of Session under section 44 of the Solicitors (Scotland) Act 1980.
Citation~ commencement, revocation and transitional provisions
1.-(1) These Rules may be cited as the Solicitors (Scotland) Professional Indemnity Insurance Rules 2005.
(2) These Rules shall come into operation on 1 June 2005.
(3) The Solicitors (Scotland) Professional Indemnity Insurance Rules 1995 (the "1995 Rules") are hereby revoked.
(4) All acts done under or pursuant to the 1995 Rules shall be treated as having been done under or pursuant to these Rules, except insofar as they are inconsistent with these Rules.
Definitions and interpretation
2.-(1) In these Rules, unless the context otherwise requires"
the Act" means the Solicitors (Scotland) Act 1980;
"acceptable alternative insurer" means a person so designated by the Council in terms of rule 8;
"authorised insurer" means any person permitted under the Financial Services and Markets Act 2000 to carryon liability insurance business or pecuniary loss insurance business;
"brokers" means the brokers from time to time appointed by the Council to act on behalf of the Society and its members in relation to any master policy entered into by the Society in terms of these Rules;
"the Council" means the Council of the Society;
"principal place of business" means the principal place of business of a multi-national practice determined in accordance with the Solicitors (Scotland) (principal Place of Business) Practice Rules 2005;
"the Society" means the Law Society of Scotland; and
"solicitor" means a solicitor holding a practising certificate under the Act and includes a firm of solicitors and an incorporated practice, and also includes registered foreign lawyers and multi-national practices.
(2) The Interpretation Act 1978 applies to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
Application
3. These Rules apply to every solicitor who is, or is held out to the public as, a principal in private practice in Scotland.
Principals in private practice
4.-(1) For the purposes of these Rules, a solicitor who is a sole practitioner, a partner of a firm of solicitors, a member or director of an incorporated practice or a member of a multi-national practice having its principal place of business in Scotland is a principal in private practice in Scotland.
(2) A solicitor shall not be deemed to be a principal in private practice or to be held out as such by reason only-
(a) that he is a member of a multi-national practice having its principal place of business outwith Scotland; or
(b) that he practises only as consultant or associate to another solicitor provided that if his name appears on the name-plate or letter paper of such other solicitor it is accompanied by the designation "Consultant" or "Associate"• or
(c) in the case of a solicitor employed by another solicitor that the former in carrying out work for his employer uses his own name.
Master policy
5. – (1) The Society shall take out and maintain with authorised insurers to be determined from time to time by the Council a master policy in terms to be approved by the Council to provide indemnity against such classes of professional liability as the Council may decide. The Council at its discretion may amend the terms of the master policy from time to time.
(2) Subject to rule 7, the master policy shall provide indemnity for all solicitors to whom these Rules apply and for such former solicitors and other parties as may be mentioned in the master policy.
(3) The limits of indemnity and the self-insured amounts under the master policy shall be as may be determined from time to time by the Council.
(4) Nothing in these Rules shall prohibit any solicitor from arranging with the insurers to extend the cover provided by the master policy if and on such terms as the insurers may agree.
Obligation to be insured under master policy
6. Subject to rule 7, every solicitor to whom these Rules apply shall be obliged to be insured under the master policy and-
(a) to comply with the terms of the master policy and of any certificate of insurance issued to him thereunder; and
(b) to produce along with each application for a practising certificate a certificate from the brokers certifying that the solicitor in question is insured under the master policy for the practice year then commencing or the part thereof still to run as the case may be, or such other evidence of such insurance as may be acceptable to the Council.
Exceptions
7.-(1) The master policy need not provide indemnity for any solicitor to whom these Rules apply who is a member of a multi-national practice.
(2) Where in terms of paragraph (1) no indemnity is provided by the master policy in respect of a solicitor to whom these Rules apply:-
(a) that solicitor shall not be obliged to comply with rule 6, and
(b) that solicitor shall be obliged to be insured with an acceptable alternative insurer, in terms equivalent to the terms of the master policy or acceptable to the Council and:-
(i) shall comply with the terms of that insurance policy and of any certificate of insurance issued to him thereunder; and
(ii) shall produce along with each application for a practising certificate (or, if he is a registered foreign lawyer, registration certificate) a certificate certifying that he is insured for the practice year in question or the part thereof still to run as the case may be, or such other evidence of such insurance as may be acceptable to the Council.
Acceptable alternative insurer
8. The Council shall designate an authorised insurer or authorised insurers as an acceptable alternative insurer or as acceptable alternative insurers for the purposes of rule 7.
Waiver
9. The Council shall have power in any case or class of case to waive any of the provisions of these Rules and to revoke any such waiver.
Additional powers
10. The Council is hereby empowered to take such steps as it may consider expedient in order to-
(a) ascertain whether or not these Rules are being complied with; or
(b) satisfy itself with regard to any matters arising out of the master policy or any insurance policy taken out in accordance with rule 7(2)(b).
Professional practice
11. Failure to comply with these Rules may be treated as professional misconduct for the purposes of Part IV of the Act.
Solicitors (Scotland) Professional Indemnity Insurance Contingency Fund
Rules 2007
Rules dated 29'h June 2007 made by the Council of the Law Society of Scotland with the concurrence of the Lord President of the Court of Session under section 44 of the Solicitors (Scotland) Act 1980.
Citation and Commencement
1.-(1) These Rules may be cited as the Solicitors (Scotland) Professional Indemnity Insurance Contingency Fund Rules 2007.
(2) These Rules shall come into operation on I" September 2007.
Definitions and Interpretation
2.-(1) In these Rules-
"the Act" means the Solicitors (Scotland) Act 1980;
"contingency fund" means the fund which was established in terms of Rule 6(2) of the Solicitors (Scotland) Professional Indemnity Insurance Rules 1995 for the purpose of refunding to practice units such portion of the premiums paid by them as was attributable to circumstances intimated in accordance with the master policy if
and when the brokers were satisfied that no claim would result from such circumstances;
"contingency fund monies" means the monies which remain in the contingency fund as at the date specified in Rule 1(2);
"professional indemnity purpose" means any purpose concerning indemnity for solicitors and former solicitors of the Society against any class of professional liability which is not otherwise funded-
(a) in terms of rules made under section 44 of the Act, or
(b) by the Society in terms of arrangements for such indemnity in respect of its activities;
"the Society" means the Law Society of Scotland; and
"solicitors" means solicitors holding practising certificates under the Act and includes firms of solicitors and incorporated practices, and also includes registered foreign lawyers and multi-national practices; and "former solicitors" shall be construed accordingly.
(2) The Interpretation Act 1978 applies to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
