The SRA Handbook is no longer in effect. It was replaced by the SRA Standards and Regulations on 25 November 2019.

SRA Handbook

Authority and commencement

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Version 2 of the Handbook was published on 23/12/2011. For more information, please click 'History' Above

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.

Commentary:

These Rules apply to:

  • solicitors
  • RELs
  • RFLs
  • recognised bodies and their managers and
  • licensed bodies in respect of their regulated activities (but not to any other activities that may be undertaken by the licensed body concerned)

carrying on private practice in England and Wales as a firm at any time after 1 October 2011. Refer to the interpretation provisions in Rule 3 and the definitions in Appendix 4 for guidance on the exact meanings of these terms.

1.4

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

Commentary:

Before 1 September 2000, firms were required to take out insurance with the Solicitors Indemnity Fund. Since 1 September 2000, firms have been required to take out insurance in accordance with the Solicitors' Indemnity Insurance Rules. From 1 October 2011, firms must take out insurance in accordance with these Rules with one or more qualifying insurers. Continuing arrangements dealing with past claims on the Solicitors Indemnity Fund are covered in the Solicitors' Indemnity Rules and the SRA Indemnity Rules.

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.

Commentary:

You should refer to previous Solicitors' Indemnity Insurance Rules in relation to earlier indemnity periods since 1 September 2000. However, you should refer to Rules 19.1(a) to 19.1(d) in relation to time limits in respect of an application for a waiver of the provisions of the Solicitors' Indemnity Insurance Rules 2000 to 2010 and the SRA Indemnity Insurance Rules 2011.