SRA Handbook

General

Back to version 21

Version 4 of the Handbook was published on 21/06/2012. For more information, please click 'History' Above

Part 1: General

Rule 1: Authority and commencement

1.1

These Rules are made on 17 June 2011 by the Solicitors Regulation Authority Board under sections 31, 37, 79 and 80 of the Solicitors Act 1974, section 9 of the Administration of Justice Act 1985, and paragraph 19 of Schedule 11 to the Legal Services Act 2007, with the approval of the Legal Services Board under paragraph 19 of Schedule 4 to the Legal Services Act 2007.

1.2

These Rules come into force on 1 October 2011.

1.3

These Rules require solicitors, RELs, RFLs, recognised bodies and their managers and licensed bodies (in respect of their regulated activities) in private practice in England and Wales to take out and maintain professional indemnity insurance with qualifying insurers with effect from 1 October 2011.

1.4

These Rules will apply to any indemnity period beginning on or after 1 October 2011.

1.5

The Solicitors' Indemnity Insurance Rules 2010 shall not apply in respect of any indemnity period beginning on or after 1 October 2011 but they shall remain in force in respect of the indemnity period from 1 October 2010 to 30 September 2011 inclusive subject to the provisions of Rules 19.1(a), 19.1(b), 19.1(c) and 19.1(d) below.

Rule 2: Citation

2.1

These Rules may be cited as the SRA Indemnity Insurance Rules 2011.

Rule 3: Definitions and interpretation

3.1

In these Rules, unless the context otherwise requires, the terms in italics will have the meaning set out in Appendix 4.

3.2

In these Rules, unless the context otherwise requires:

(a)

the singular includes the plural and vice versa;

(b)

words importing the masculine gender include the feminine and vice versa and references to the masculine or feminine include the neuter;

(c)

the word "body" includes a sole practitioner, and a special body within the meaning of section 106 of the LSA;

(d)

the word "person" includes an individual, partnership, or a body of persons (corporate or unincorporated);

(e)

any explanatory notes, guidance notes and/or commentary are for the purposes of guidance only and where any conflict exists, they shall not affect the interpretation of the provisions within these Rules;

(f)

any headings are for ease of reference only and shall not affect the interpretation of the provisions within these Rules;

(g)

"in writing" includes any form of written electronic communication normally used for business purposes, such as emails;

(h)

references to certificates, letters or other forms of written communication include references to those in both electronic and hard copy format;

(i)

a reference to a Rule is to a Rule forming part of these Rules;

(j)

a reference to any statute, statutory provision, code or regulation includes:

(i)

any subordinate legislation (as defined by section 21(1) of the Interpretation Act 1978) made under it; and

(ii)

any provision which it has superseded or re-enacted (with or without modification) or amended, and any provision superseding it or re-enacting it (with or without modification) or amending it either before, at the date of or after the date of the commencement of these Rules; and

(k)

these Rules will be governed by and interpreted in accordance with English law.

3.3

These Rules shall not apply to licensed bodies until such time as the Society is designated as a licensing authority under Part 1 of Schedule 10 to the LSA and all definitions shall be construed accordingly.

3.4

In these Rules, references to the Rules being made under paragraph 19 of Schedule 11 to the Legal Services Act 2007 shall have no effect until the Society is designated as a licensing authority under Part 1 of Schedule 10 to the LSA.