Amended practice rules on incidental financial business now in force

10th October 2018 | law society of scotland , professional regulation

Scottish solicitors should update certain documents relating to insurance contracts, following the coming into force of new practice rules on incidental financial business (IFB).

Amendments to the rules, which were backed at a special general meeting of the Law Society of Scotland in January, came into force on 1 October 2018 following detailed discussions with the Financial Conduct Authority (FCA).

The amendments are required by the EU Insurance Distribution Directive, under which consumers buying insurance products will benefit from:

greater transparency in the price and costs of insurance products;
a simple, standardised insurance product information document (IPID) providing clearer information on non-life insurance products, so that consumers can make more informed decisions;
where insurance products are offered in a package with another product or service, the choice to buy the main product or service without the insurance policy;
rules on transparency and business conduct to help them avoid buying products that do not meet their needs.

Philip Yelland, executive director of Regulation at the Law Society of Scotland, commented: “As the regulatory body for Scottish solicitors, we are acutely aware of our responsibility to keep the consumer front of mind in everything we do.

“It is crucial that we maintain robust and relevant practice rules providing clarity for our members and the appropriate and necessary protections for solicitors’ clients.”

As a result of the rule changes, the IFB terms of business have been updated and Scottish solicitors will need to update their information letters and statements of demands and needs in relation to contracts of insurance – template documents are included in the guidance on the Law Society of Scotland website.