S.I. No. 312/1995 - The Solicitors Acts, 1954 To 1994 (Professional Indemnity Insurance) Regulations, 1995.

S.I. No. 312 of 1995.

THE SOLICITORS ACTS, 1954 TO 1994 (PROFESSIONAL INDEMNITY INSURANCE) REGULATIONS, 1995.

The Law Society of Ireland, in exercise of the powers conferred on them by section 26 of the Solicitors (Amendment) Act, 1994 hereby make the following Regulations:—

1 Citation and Commencement.

1. (a) These Regulations may be cited as The Solicitors Acts, 1954 to 1994 (Professional Indemnity Insurance) Regulations, 1995.

(b) These Regulations shall come into operation on the 1st day of December, 1995.

2 Interpretation.

2. (a) In these Regulations (including the Appendix and Schedule thereto)—

"the Act of 1954" means the Solicitors Act, 1954 (No. 36 of 1954);

"the Act of 1960" means the Solicitors (Amendment) Act, 1960 (No. 37 of 1960);

"the Act of 1994" means the Solicitors (Amendment) Act, 1994 (No. 27 of 1994);

"approved indemnity terms" has the meaning assigned to it in Regulation 5;

"Assigned Risks Pool" means the insurance pool participated in by each qualified insurer through which a solicitor who is refused the minimum level of cover or run-off cover, or in respect of whom there has been a constructive declinature, by three or more qualified insurers (one of which to be the mutual fund known as the "Solicitors Mutual Defence Fund Limited"), may, in accordance with these regulations, obtain the minimum level of cover or run-off cover;

"authorised person" means a person (including a body corporate) authorised in writing by the PII Committee to conduct a Risk Management Audit;

"civil liability" has the meaning assigned to it in paragraph (2) of the Appendix to these Regulations;

"clerk or servant" includes an apprentice and a person employed whole-time or part-time by a solicitor and a person providing services under a contract for services;

"constructive declinature" means the quotation to a solicitor by a qualified insurer of terms or conditions or of a premium for providing the minimum level of cover or run-off cover, the effect of which is tantamount, in the opinion of the PII Committee in the particular circumstances of the case, to a refusal to provide the minimum level of cover or run-off cover;

"conveyancing services" means services in connection with the preparation of transfers, conveyances, contracts, leases or other assurances in connection with the disposition or acquisition of estates or interests in land;

"Council" means the Council of the Law Society of Ireland;

"Disciplinary Tribunal" means the Disciplinary Tribunal established by section 6 (as substituted by section 16 of the Act of 1994) of the Act of 1960;

"he" and other cognate words denoting the masculine should also include "she" and other cognate words denoting the feminine;

"indemnity against losses" means indemnity against losses and claims arising in respect of civil liability incurred by an insured in respect of any act or omission of the insured arising from his practice as a solicitor;

"indemnity cover" means indemnity cover in force relating to a solicitor in respect of his practice as a solicitor, whether or not provided by a qualified insurer and whether or not equivalent to the minimum level of cover;

"insured" means a solicitor or a partner, clerk or servant (or former or deceased partner, clerk or servant) of a solicitor, and includes a solicitor who is a member of the mutual fund known as the "Solicitors Mutual Defence Fund Limited";

"insurer" means—

(i) the mutual fund known as the "Solicitors Mutual Defence Fund Limited"; or

(ii) an insurance company or insurance underwriter authorised pursuant to the Insurance Acts, 1909 to 1990 to carry on general insurance business in the State;

(iii) an insurance company or insurance underwriter which has either its head office or a branch office within a member state of the European Union other than the State and which is authorised by law to carry on general insurance business within the State;

"interim cover" has the meaning assigned to it in Regulation 10;

"legal services" means services of a legal or financial nature provided by a solicitor arising from that solicitor's practice as a solicitor, and includes any part of such services;

"minimum level of cover" has the meaning assigned to it in Regulation 6;

"misconduct" includes the contravention of section 26 of the Act of 1994 or of these Regulations;

"PII Committee" means the Professional Indemnity Insurance Committee appointed pursuant to Regulation 3;

"Pool Manager" means the person (including a body corporate) appointed from time to time by the PII Committee to manage the Assigned Risks Pool;

"practice" means a solicitor's practice carried on by one or more solicitors engaged in the provision of legal services;

"practice year" means a calendar year;

"practising certificate" has the meaning assigned to it in section 46 of the Act of 1954;

"qualified insurer" has the meaning assigned to it in Regulation 5;

"Registrar" means the holder of the office of registrar of solicitors appointed by the Society pursuant to section 8 of the Act of 1954;

"Regulation" means a regulation in these Regulations;

"retroactive cover" means indemnity against losses arising from the provision of legal services engaged in by a solicitor prior to the practice year in which a claim in respect thereof is duly notified to the qualified insurer concerned or to the Pool Manager;

"Risk Management Audit" means the investigation of a practice of a solicitor or solicitors admitted or provisionally admitted to the Assigned Risks Pool conducted by an authorised person, with a view to ascertaining—

(i) the conditions (including administration, employment, financial and management conditions) prevailing within the practice;

(ii) the competence, both in management and in the provision of legal services, of the solicitor or solicitors concerned; and

(iii) why the solicitor or solicitors concerned has or have been unable to obtain the minimum level of cover or why there has been a constructive declinature in respect of the solicitor or solicitors concerned;

"Risk Management Report" has the meaning assigned to it in Regulation 11;

"run-off cover" means indemnity against losses equivalent to the minimum level of cover in respect of an act or omission of a solicitor arising from his practice as a solicitor and occurring prior to the solicitor ceasing for any reason to engage in practice as a solicitor, which is duly notified within a period of six years from the end of the practice year in respect of which there was last in force relating to the solicitor the minimum level of cover;

"self-insured excess" has the meaning assigned to it in Regulation 6 (b);

"the Society" means the Law Society of Ireland;

"solicitor" means a person who has been admitted as a solicitor and whose name is on the roll; and a reference to a solicitor includes, unless the context otherwise requires a reference to—

(i) a solicitor who is engaged in practice as a solicitor, whether as a sole practitioner or as a partner in a practice or as an employee of a practice or of any other person or body, and who is prohibited by section 56 of the Act of 1954 from so engaging in practice unless a practising certificate in respect of him is in force;

(ii) a solicitor who is employed full-time within the State to provide conveyancing services only to and for his employer (provided that such employer is not a solicitor);

(iii) a former solicitor or a deceased solicitor.

(b) Other words and phrases in these Regulations shall have the meanings assigned to them by the Solicitors Acts, 1954 to 1994.

(c) The Interpretation Act, 1937 shall apply for the purpose of the interpretation of these Regulations as it applies for the purpose of the interpretation of an Act of the Oireachtas, except in so far as it may be inconsistent with the Solicitors Acts, 1954 to 1994 or these Regulations.

3 Professional Indemnity Insurance Committee.

3. (a) The Council shall, as soon as practicable after the coming into operation of these Regulations, appoint a Professional Indemnity Insurance Committee (in these Regulations referred to as the "PII Committee"), which shall be responsible for exercising on behalf of the Council the functions vested in the Society by or under section 26 of the Act of 1994 and vested in the PII Committee by or under these Regulations.

(b) The PII Committee shall consist of not more than nine members, of whom—

(i) at least two-thirds shall be members of the Council;

(ii) one shall be the Pool Manager (or a representative of the Pool Manager); and

(iii) two may be appointed by the Council on a practice year basis, each to represent one or more of the qualified insurers for the time being, provided that in making any such appointments the Council shall (inter alia) have regard to the proportion (at the time of such appointments) which the number of individual solicitors to whom each of the qualified insurers concerned provide the minimum level of cover bears to the total number of individual solicitors to whom all qualified insurers provide the minimum level of cover.

(c) Without prejudice to the generality of clause (b) of this Regulation, the PII Committee may invite a representative of each qualified insurer for the time being to be a participating observer entitled to attend and to participate (but not to vote) at each meeting of the PII Committee.

(d) The PII Committee may, subject to the prior approval of the Council, delegate any of the functions of the PII Committee set forth in these Regulations to a sub-committee of the PII Committee.

(e) The quorum of the PII Committee or of any sub-committee of the PII Committee shall be three, subject to one of the quorum being the Pool Manager (or a representative of the Pool Manager).

(f) Without prejudice to the generality or specificity of any Regulation, the PII Committee shall exercise on behalf of the Council as may be appropriate from time to time the following functions of the Society:

(i) making recommendations in relation to the management, administration and protection of the mutual fund known as the "Solicitors Mutual Defence Fund Limited";

(ii) specifying circumstances in which any solicitor or specified category of solicitor may be exempted in whole or in part from compliance with these Regulations;

(iii) directing steps necessary or expedient to be taken to ascertain whether these Regulations are being complied with;

(iv) specifying the manner in which solicitors or any specified category of solicitors shall bring their compliance with, or exemption from, these Regulations to the notice of their clients or the Society;

(v) determining whether a perceived breach of section 26 (6) of the Act of 1994 or these Regulations by a solicitor should be the subject of an application by the Society to the Disciplinary Tribunal for an inquiry into the conduct of that solicitor on the ground of alleged misconduct;

(vi) making decisions in relation to matters (including procedural matters) deemed to be in pursuance of or incidental or supplementary to the functions vested in the Society under section 26 of the Act of 1994 or in pursuance of or incidental or supplementary to the provisions of these Regulations.

4 Insurance a precondition to issue of practising certificate.

4. (a) Subject to clause (b) of this regulation, a solicitor who applies to the Society for a practising certificate in respect of a practice year commencing after the 31st day of December, 1996 shall not be issued with such practising certificate unless the solicitor has furnished (or caused to be furnished) to the Society written confirmation from a qualified insurer of there being in force relating to him the minimum level of cover for the duration of the practice year to which such practising certificate so applied for relates.

(b) A solicitor, who is employed full-time within the State to provide legal services (other than conveyancing services only) to and for his employer (provided such employer is not a solicitor), may apply to the Society to be issued with a practising certificate without being required to comply with clause (a) of this regulation, where the solicitor in making such application certifies in writing to the Society that, for the duration of the practice year to which such practising certificate so applied for relates, the solicitor will not engage in the provision of legal services to and for any person or persons other than his employer.

(c) A solicitor, who is employed full-time within the State to provide conveyancing services only to and for his employer (provided such employer is not a solicitor) and as such (under section 56 (3) (b) of the Act of 1994) does not require a practising certificate in respect of him to be in force, shall not be required to furnish (or cause to be furnished) to the Society written evidence from a qualified insurer of there being in force relating to him the minimum level of cover for the duration of any practice year, where the solicitor certifies in writing to the Society that, for the duration of that practice year, the solicitor will not engage in the provision of conveyancing services to and for any person or persons other than his employer or any other form of legal services to and for any person or persons.

(d) The PII Committee may deem a solicitor to have complied with clause (a) of this Regulation where the PII Committee is of opinion from written evidence furnished to the Society that there exists one or other of the following circumstances:

(i) that there is in force relating to the solicitor concerned the minimum level of cover for the period from the commencement of the practice year in question up to and including the 31st day of October in that practice year and the qualified insurer concerned has unconditionally undertaken to extend the period of the minimum level of cover up to and including the 31st day of December in that practice year in the event that the solicitor concerned either does not obtain—

(A) a renewal of the minimum level of cover from that qualified insurer, or

(B) the minimum level of cover from another qualified insurer,

for the year commencing on the 1st day of November in that practice year;

(ii) that there is in force relating to the solicitor concerned indemnity cover in respect of the practice year in question, arising by reason of the solicitor also holding a certificate issued by the Law Society of Northern Ireland or (in relation to England and Wales) the Law Society corresponding to a practising certificate issued by the Society, and the existence of which indemnity cover is certified in writing to the Society by the solicitor concerned, and which, in the opinion of the PII Committee, is substantially equivalent to at least the minimum level of cover.

5 Approved Indemnity terms.

5. An insurer shall be designated by the PII Committee as a qualified insurer (in these Regulations referred to as "qualified insurer") where the insurer enters into an Assigned Risks Pool Participation Agreement (in the form set forth in Form 1 in the Schedule to these Regulations), which shall include an agreement with the Society to provide to solicitors acceptable to the qualified insurer at least the minimum level of cover pursuant to a contract of insurance or pursuant to written terms of membership of a mutual fund, including at least the minimum provisions as set forth in the Appendix to these Regulations and as may be specified by the PII Committee from time to time (in these Regulations referred to as "approved indemnity terms").

6 Minimum level of cover.

6. (a) The minimum level of cover (including retroactive cover) for indemnity against losses pursuant to approved indemnity terms from a qualified insurer in respect of any practice year (in these Regulations referred to as the "minimum level of cover") shall be—

(i) the amount of £350,000 for each and every claim (including claimants' legal costs) unlimited in the aggregate in respect of any act or omission of the insured which gives rise to a claim or which the insured considers may give rise to a claim and is duly notified to the qualified insurer concerned during the practice year in question, together with the insured's own legal costs up to a maximum of not less than £100,000 incurred with the consent of the qualified insurer concerned, or such other increased amounts as may be specified by the Council from time to time (after consultation with the PII Committee) and as shall be notified to each qualified insurer and to each solicitor holding a current practising certificate by not later than six months prior to the commencement of the next following practice year from which such increased amounts would become applicable; or

(ii) in such particular and exceptional circumstances (whether in relation to the Assigned Risks Pool or otherwise) as the PII Committee may in its discretion accept and subject to such terms and conditions as the PII Committee may specify as appropriate, such amount in the aggregate not being less than £300,000 (including claimants' legal costs), together with the insured's own legal costs up to a maximum of not less than £100,000 incurred with the consent of the qualified insurer concerned, for claims in respect of any act or omission of the insured which gives rise to a claim or which the insured considers may give rise to a claim occuring during, or within a period of six years prior to the commencement of, the practice year in question, and is duly notified to the Pool Manager or to the qualified insurer concerned during the practice year in question.

(b) The excess applicable to each and every claim in any practice year (in these Regulations referred to as "self-insured excess") shall not exceed—

(i) in the case of a practice comprising one solicitor only, the amount of £5,000 and in the case of a practice comprising two or more solicitors practising together (whether or not the relationship between them is based on partnership), the amount of £5,000 multiplied by the number of solicitors in the practice; or

(ii) such other amount as may be specified by the Council from time to time (after consultation with the PII Committee) and as shall be notified to each qualified insurer and to each solicitor holding a current practising certificate by not later than six months prior to the commencement of the next following practice year from which such other amount would become applicable.

7 Change in circumstances and run-off cover

7. (a) Where in the course of a practice year, whether as a result of—

(i) the amalgamation, merger, dissolution or reorganisation of a practice; or

(ii) the departure from a practice, a solicitor alters the circumstances in which he intends to continue to engage in the provision of legal services, the solicitor must, within a period of not more than 21 days after such alteration of circumstances, furnish (or cause to be furnished) to the Society written confirmation from a qualified insurer or from the Pool Manager that he has and maintains the minimum level of cover for the remaining part of that practice year.

(b) Where in the course of a practice year, a solicitor, in respect of whom clause (b) of Regulation 4 has been applied, intends to engage in the provision of legal services to and for any person or persons other than his employer, the solicitor shall, prior to so engaging, furnish (or cause to be furnished) to the Society written confirmation from a qualified insurer of there being in force relating to him the minimum level of cover for the remaining part of that practice year.

(c) Where in the course of a practice year, a solicitor, in respect of whom clause (c) of Regulation 4 has been applied, intends to engage in the provision of conveyancing services to and for any person or persons other than his employer, or any person or persons other than his employer, or any other form of legal services to and for any person or persons, the solicitor shall prior to so engaging—

(i) apply to the Society for a practising certificate in respect of the remaining part of that practice year;

(ii) furnish (or caused to be furnished) to the Society written confirmation from a qualified insurer of there being in force relating to him the minimum level of cover for the remaining part of the practice year to which such practising certificates so applied for relates.

(d) Where a solicitor (other than a solicitor in respect of whom clause (b) or (c) of Regulation 4 has been applied in not less than the immediately preceding six practice years) ceases for any reason to engage in practice as a solicitor, he shall, unless the PII Committee on application by the solicitor direct otherwise, maintain run-off cover either provided by a qualified insurer or, where the solicitor has been refused run-off cover, or in respect of whom there has been a constructive declinature, by three or more qualified insurers (one of which to be the mutual fund known as the "Solicitors Mutual Defence Fund Limited"), through the Assigned Risks Pool.

(e) (i) Where a solicitor to whom clause (d) of this Regulation applies makes application to the PII Committee for admission to the Assigned Risks Pool for the purpose of obtaining run-off cover, the solicitor shall furnish to the PII Committee such information concerning his practice as a solicitor and pay such premium deposit as the Pool Manager or the PII Committee shall, in the particular circumstances, deem appropriate and reasonable.

(ii) Upon compliance by a solicitor with the provisions of sub-clause (i) of this clause, the PII Committee shall decide, having regard to all the circumstances of the particular case, whether run-off cover should be provided to the solicitor through the Assigned Risks Pool and, when so provided, the premium therefor and the other terms and conditions thereof.

(f) Where a solicitor to whom this Regulation applies fails to comply therewith, the Society may deem such failure to comply as serious and as warranting (after due notice to the solicitor) one or more of the following, namely:

(i) the making of an application by the Society to the High Court pursuant to section 58 (1) of the Act of 1994 for suspension of the current practising certificate of the solicitor;

(ii) the Society directing the Registrar (under section 49 of the Act of 1954, as substituted by section 61 of the Act of 1994) to refuse to issue a practising certificate to the solicitor for the remaining part of the practice year in question;

(iii) the application by the Society to the Disciplinary Tribunal for an inquiry into the conduct of the solicitor on the ground of alleged misconduct.

8 Eligibility for admission to Assigned Risks Pool.

8. (a) Where a solicitor, who has not previously been in the Assigned Risks Pool either at all or within the preceding six years, shows to the satisfaction of the PII Committee that—

(i) he has been refused the minimum level of cover, or in respect of whom there has been a constructive declinature, by three or more qualified insurers (one of which to be the mutual fund known as the "Solicitors Mutual Defence Fund"); and

(ii) he has applied to the Society for a practising certificate in respect of the practice year in question and that such practising certificate would be issued to him subject only to his furnishing (or causing to be furnished) to the society written evidence of there being in force relating to him the minimum level of cover for the duration of the practice year in question,

the solicitor shall be eligible for admission to the Assigned Risks Pool.

(b) An application by a solicitor to the PII Committee for admission to the Assigned Risks Pool shall be made in the form set forth in Form 2 in the Schedule to these Regulations.

(c) Where a solicitor has applied for admission to the Assigned Risks Pool, the PII Committee may provisionally admit the solicitor to the Assigned Risks Pool pending final determination by the PII Committee that the solicitor is eligible pursuant to clause (a) of this Regulation for admission to the Assigned Risks Pool.

9 Requirements for admission to Assigned Risks Pool.

9. Where a solicitor is admitted or provisionally admitted to the Assigned Risks Pool pursuant to Regulation 8, the solicitor shall, within not more than 21 days of being requested in writing by or on behalf of the Pool Manager to do so—

(a) submit to the Pool Manager a proposal form (in the form set forth in Form 3 in the Schedule to these Regulations) seeking the minimum level of cover through the assigned Risks Pool; and

(b) pay a premium deposit nominated by the Pool Manager which shall not exceed an amount equal (or deemed by the Pool Manager to be equal) to 200 per cent of the premium (or estimated proportion of the premium) paid by the solicitor in respect of obtaining the minimum level of cover for the practice year immediately preceding the practice year in respect of which the solicitor is now seeking the minimum level of cover through the Assigned Risks Pool; provided that, where the solicitor has not paid a premium wholly or partly in respect of obtaining the minimum level of cover for the immediately preceding practice year, the premium deposit shall be 200 per cent of what the Pool Manager deems (after consultation with the qualified insurers for the time being) would have been the appropriate premium payable by the solicitor had he sought and obtained the minimum level of cover for the immediately preceding practice year;

(c) submit a form of undertaking duly signed by the solicitor (in the form set forth in Form 4 in the Schedule to these Regulations) agreeing to submit to a Risk Management Audit and to pay the cost thereof (not to exceed in any practice year the equivalent of the amount of £2,000 per solicitor in the practice).

10 Terms of cover by Assigned Risks Pool.

10. (a) Where a solicitor admitted or provisionally admitted to the Assigned Risks Pool complies with the provisions of Regulation 9; the PII Committee, as soon as practicable thereafter, shall decide, having regard to all the circumstances of the particular case—

(i) whether a Risk Management Audit in relation to the solicitor should be conducted; and

(ii) whether the minimum level of cover as specified by the PII Committee under Regulation 6 (a) (ii) should be provided to the solicitor through the Assigned Risks Pool and, when so provided, the premium therefor and the other terms and conditions thereof; provided that, where the premium therefor is less than the premium deposit paid by the solicitor pursuant to Regulation 9 (b), the balance of the premium deposit shall be credited by the Pool Manager to the solicitor.

(b) Where the PII Committee decide pursuant to sub-clause (a) (i) of this Regulation that a Risk Management Audit in relation to a solicitor should be conducted, the PII Committee may decide on an interim basis that the minimum level of cover (as specified in or under Regulation 6 (a) (i) or as specified by the PII Committee under Regulation 6 (a) (ii)) should be provided to the solicitor through the Assigned Risks Pool for the duration of the whole or such part of the practice year in question as the PII Committee decide, subject to such premium and to such other term and conditions as the PII Committee deem appropriate and reasonable having regard to all the circumstances of the particular case (in these Regulations referred to as "interim cover").

(c) Where interim cover is provided to a solicitor through the Assigned Risks Pool and the Registrar has verified that Regulation 8 (a) (ii) is applicable, the Society may direct the Registrar to issue a practising certificate to the solicitor pursuant to section 49 (as substituted by section 61 of the Act of 1994) of the Act of 1954 subject to a condition that the solicitor shall cease to engage in the provision of legal services immediately upon the termination of the interim cover unless, before such termination, the solicitor has furnished (or has caused to be furnished) to the Society appropriate written confirmation that the minimum level of cover has been provided to the solicitor through the Assigned Risks Pool or by a qualified insurer in respect of the duration of the whole or remaining part of the practice year in question.

(d) Where the minimum level of cover or interim cover or run-off cover is provided to a solicitor through the Assigned Risks Pool, the proportion which each qualified insurer for the time being shall contribute to the provision thereof and shall share the premium therefor shall be the proportion which the number of individual solicitors to whom each qualified insurer provides the minimum level of cover in the relevant practice year bears to the total number of individual solicitors to whom all qualified insurers provide the minimum level of cover in the relevant practice year.

11 Risk Management Audit and Report.

11. (a) In conducting a Risk Management Audit in relation to a solicitor admitted or provisionally admitted to the Assigned Risks Pool, an authorised person shall be entitled—

(i) to attend at the place or places where the solicitor engages, or has engaged or wishes to engage, in the provision of legal services;

(ii) to interview the solicitor and such other persons associated with the solicitor as the authorised person deems appropriate and reasonable; and

(iii) to inspect such documents as the authorised person deems appropriate and reasonable.

(b) A solicitor admitted or provisionally admitted to the Assigned Risks Pool who, in the opinion of the PII Committee, fails to reasonably facilitate an authorised person in conducting a Risk Management Audit may be discharged by the PII Committee from the Assigned Risks Pool.

(c) An authorised person who conducts a Risk Management Audit in relation to a solicitor admitted or provisionally admitted to the Assigned Risks Pool shall, as soon as practicable thereafter, furnish a written report thereon to the PII Committee (in these Regulations referred to as "Risk Management Report");

(d) The PII Committee, on receipt of a Risk Management Report, shall—

(i) submit a copy of same to the solicitor concerned and shall invite the solicitor to respond in writing thereto within such period (not being less than 21 days after such submission to the solicitor of a copy of the Risk Management Report) as the PII Committee shall specify; and

(ii) consider the Risk Management Report and any written response thereto of the solicitor concerned.

(e) Following consideration of a Risk Management Report and any written response thereto of the solicitor concerned, the PII Committee may—

(i) direct the solicitor concerned to comply with such measures as the PII Committee deem appropriate and reasonable to avoid the risk of claims in respect of civil liability arising from his practice as a solicitor;

(ii) instruct an authorised person to assist and supervise the solicitor concerned and to report to the PII Committee as appropriate in relation to compliance by the solicitor with measures directed by the PII Committee pursuant to sub-clause (i) of this clause;

(iii) conclude that the circumstances of the practice of the solicitor concerned as disclosed by the Risk Management Report are such that it is not appropriate and reasonable that the solicitor should be provided or continue to be provided with the minimum level of cover or interim cover through the Assigned Risks Pool and in consequence decide (after due notice to the solicitor) to discharge the solicitor from the Assigned Risks Pool with effect from such future date (not being less than 28 days after such decision) as the PII Committee shall specify and shall notify as soon as practicable to the solicitor.

(f) Where the solicitor concerned has failed to comply with measures directed by the PII Committee pursuant to clause (e) (i) of this Regulation the PII Committee may deem such failure as serious and as warranting (after due notice to the solicitor) one or more of the following, namely:

(i) the making of a decision by the PII Committee to discharge the solicitor from the Assigned Risks Pool with effect from such future date (not being less than 28 days after such decision) as the PII Committee shall specify and shall notify as soon as practicable to the solicitor;

(ii) the making of an application by the Society to the High Court pursuant to section 58 (1) of the Act of 1994 for suspension of the current practising certificate of the solicitor;

(iii) the application by the Society to the Disciplinary Tribunal for an inquiry into the conduct of the solicitor on the ground of alleged misconduct.

(g) (i) A solicitor, in respect of whom a decision is made by the PII Committee pursuant to clause (e) (iii) or clause (f) (i) of this Regulation, to discharge him from the Assigned Risks Pool may, within a period of 21 days of being so notified of such decision, appeal to the President of the High Court against such decision.

(ii) Notwithstanding that the solicitor concerned appeals to the President of the High Court pursuant to sub-clause (i) of this clause, the decision of the PII Committee shall have effect up to the determination of such appeal, unless the President of the High Court, on application by the solicitor, otherwise orders pending the determination of such appeal.

(iii) Where an appeal has been brought by a solicitor pursuant to sub-clause (i) of this clause and the President of the High Court has made an order under sub-clause (ii) of this clause directing that the solicitor remain in the Assigned Risks Pool and be provided with interim cover pending the hearing of such appeal, the Society may, on notice to the solicitor, make application to the President of the High Court at any time thereafter, and the President of the High Court (on hearing of that application) may dismiss such appeal and confirm the decision of the PII Committee, if the President of the High Court is satisfied that the solicitor concerned has delayed unduly in proceeding with such appeal and may for that purpose revoke any order which he has made under sub-clause (ii) of this clause.

(iv) On hearing an appeal under sub-clause (i) of this clause, the President of the High Court may make such order as he thinks fit.

(h) Nothing in these Regulations shall prevent a solicitor admitted or provisionally admitted to the Assigned Risks Pool from obtaining or seeking to obtain the minimum level of cover from a qualified insurer outside the Assigned Risks Pool.

12 Period in Assigned Risks Pool.

12. A solicitor shall not be permitted to remain in the Assigned Risks Pool for a period in excess of two practice years; provided that where run-off cover is provided through the Assigned Risks Pool pursuant to Regulation 7 (d) and (e), the solicitor concerned shall be entitled to remain in the Assigned Risks Pool for the duration of the period of such run-off cover.

13 Lodgment of minimum level of cover.

13. (a) A qualified insurer or the Assigned Risks Pool (as the case may be) may, in its discretion, at any time after a claim is made against an insured to whom it has agreed to provide the minimum level of cover (hereinafter in this Regulation referred to as "the insured concerned"), lodge an amount equivalent to the minimum level of cover in a separate deposit account opened and maintained at a bank (within the meaning of section 75 of the Act of 1994) in the joint names of the qualified insurer and the Society (hereinafter in this Regulation referred to as "the clause (a) lodgment") pending the final termination (whether by agreement or by judicial, arbitral or other means) of such claim.

(b) Where a qualified insurer or the Pool Manager on behalf of the Assigned Risks Pool (as the case may be) duly notifies the insured concerned (by prepaid ordinary post to the practice address or the last known practice address of the insured concerned)—

(i) that the clause (a) lodgment has been made, and

(ii) that the insured concerned's own legal costs to date (if any) incurred with the consent of the qualified insurer or the Assigned Risks Pool (as the case may be) have been or will (when taxed or ascertained) be discharged,

the qualified insurer or the Assigned Risks Pool (as the case may be) shall be deemed by the Society to have provided to the insured concerned the minimum level of cover pursuant to Regulation 6 (a).

(c) Where the insured concerned so requests, or a court of competent jurisdiction so orders, the qualified insurer or the Assigned Risks Pool (as the case may be) and the Society shall apply all or such part of the clause (a) lodgment (including the net amount of any interest accrued thereon) as the insured concerned or the court shall specify—

(i) in making a payment into court on behalf of the insured concerned in connection with any proceedings issued by or on behalf of the claimant in relation to the claim made against the insured concerned, and/or

(ii) in making any other type of payment on behalf of the insured concerned to the claimant in part satisfaction of the claim made against the insured concerned.

(d) Upon the final termination (whether by agreement or by judicial, arbitral or other means) of a claim made against the insured concerned, the qualified insurer and the Society shall apply the clause (a) lodgment (to the extent not already applied in making a payment or payments pursuant to clause (c) of this Regulation), together with the net amount of any interest accrued thereon, in satisfaction or (if insufficient) in part satisfaction of the claim made against the insured concerned, and shall apply any balance thereof to the insured concerned or to the insured concerned's solicitor (as may be appropriate).

14 Maintenance of Insurance record by Society.

14. (a) The Society shall maintain, in respect of each solicitor issued with a practising certificate for each practice year, a record (in this Regulation referred to as the "insurance record") of the name of the qualified insurer notified to the Society as providing the minimum level of cover (or other indemnity cover) to that solicitor for the duration of that practice year or for any part of that practice year.

(b) The insurance record, which may be kept in an electronic or other non-written form as is considered appropriate by the Society, shall be available for inspection during office hours without payment by any person who applies to inspect it.

(c) Where the insurance record is kept in an electronic or other non-written form, the Society may comply with their obligation to have the insurance record available for inspection under clause (b) of this Regulation by making any relevant entry available in written form for inspection in accordance with the said clause (b).

15 Transitional provision for practice year 1996.

15. (a) A solicitor who applies to the Society for a practising certificate in respect of the practice year commencing on the 1st day of January 1996 shall not be issued with such practising certificate unless the solicitor has furnished to the Society—

(i) written confirmation from the solicitor of there being in force relating to him indemnity cover for at least part of that practice year; and

(ii) a written undertaking that the solicitor will use his best endeavours to furnish (or cause to be furnished) to the Society, not later than 15 days after the date of expiration of the solicitor's current indemnity cover, written confirmation from a qualified insurer of there being in force relating to him the minimum level of cover from the date of such expiration until at least the 31st day of December 1996.

(b) A solicitor to whom Regulation 4 (b) or (c) applies and who has duly certified in writing to the Society as required thereunder, or a solicitor in respect of whom there exists the circumstances set forth in Regulation 4 (d) (ii), shall not be required to furnish to the Society the written confirmation or the written undertaking provided for in clause (a) of this Regulation.

( c ) A solicitor who without reasonable cause is in breach of any written undertaking furnished pursuant to clause (a) (ii) of this Regulation shall be guilty of misconduct.

(d) Where a solicitor fails without reasonable cause to furnish (or cause to be furnished) to the Society, by not later than 15 days after the date of expiration of the solicitor's current indemnity cover, written confirmation from a qualified insurer or there being in force relating to him the minimum level of cover from the date of such expiration until at least the 31st day of December 1996, the Society may deem such failure as serious and as warranting the making of an application by the Society to the High Court pursuant to section 58 (1) of the Act of 1994 for suspension of the current practising certificate of the solicitor.

(e) A solicitor who cannot comply with clause (a) of this Regulation may, subject to compliance with Regulation 8 (a), apply for admission to the Assigned Risks Pool.

16 Modification of requirements of Regulations.

16. Subject to the provisions of section 26 of the Act of 1994, the PII Committee may, in exceptional circumstances and subject to such conditions as the PII Committee deem appropriate, modify any requirement or provision of these Regulations.

Dated this 28th day of November 1995.

Signed on behalf of the Law Society of Ireland pursuant

to section 79 of the Solicitors Act, 1954

ANDREW F. SMYTH,

President of the Law Society of Ireland.

APPENDIX

Minimum provisions to be included in Approved Indemnity Terms

The following terms at least shall be included in approved indemnity terms providing the minimum level of cover:

(1) The definition of "insured" shall include the solicitor concerned, and any partner, clerk or servant (or former or deceased partner, clerk or servant) of the solicitor concerned, in respect of the solicitor's practice as a solicitor.

(2) The definition of "civil liability" shall mean any description of civil liability incurred by the insured arising from his practice as a solicitor; provided however that a qualified insurer may (at its option) exclude all and any liability to indemnify in any way the insured in respect of any one or more of the following:

(a) any act or omission which results in death or bodily injury:

(b) any act or omission which results in physical loss of or damage to property of any kind whatsoever unless such is occasioned by the insured being in breach of professional duty in the course of practice as a solicitor;

(c) any act or omission which results in bodily injury, sickness, disease or death sustained by any person in the course of employment with the practice of the insured;

(d) any act or omission causing loss in respect of which the insured is entitled to indemnity under any other insurance (except in respect of any amount beyond the amount which would have been payable under such insurance);

(e) any act or omission the circumstances of which, or a claim resulting from which, have been or should have been notified under any other insurance attaching prior to the provision of the minimum level of cover;

(f) any act or omission the circumstances of which, or a claim resulting from which, have been or should have been specified by the insured in a proposal form completed by the insured prior to the provision of the minimum level of cover;

(g) loss occurring by reason of any act or omission in respect of that part of the insured's practice as a solicitor conducted through an office or branch office situate wholly outside the Republic of Ireland;

(h) loss occurring by reason of advice given or action taken or omitted in relation to any law other than the law of the State (which includes European Union Law):

(i) loss occurring by reason of any act or omission in relation to which proceedings have been instituted outside the European Union.

(j) loss directly or indirectly caused by or contributed to by, or arising from ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel; or from the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof, or from war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by, or under the order of, any government or public or local authority;

(k) any dishonest, fraudulent, criminal or malicious act or omission by the insured, or any acts or omissions which were done by the insured knowing them to be wrongful, or any of the foregoing in which the insured has acquiesced after obtaining personal knowledge thereof;

(l) payment of a trading loss or debt incurred by the insured;

(m) any breach or alleged breach or other relief in respect of any partnership or partnership agreement between any two or more of the persons comprising or formerly comprising the insured;

(n) loss occurring as a result of any process or proceedings brought against the insured by or on behalf of the Society to ensure compliance by the insured with, or consequent upon the breach (or alleged breach) by the insured of, any provision of the Solicitors Acts, 1954 to 1994 or any regulations made thereunder.

(3) The minimum level of cover shall be that provided for under Regulation 6.

(4) A qualified insurer shall, as soon as practicable and in any event not later than sixty days after the final termination (whether by agreement or by judicial, arbitral or other means) of the amount of a claim to be paid by its insured to a claimant, pay such amount to such claimant or to the claimant's solicitors (as the case may be); and shall, as soon as practicable and in any event not later than sixty days after the final ascertainment (whether by agreement, taxation or otherwise) of the claimant's costs, pay to the claimant's solicitors or to the claimant (as the case may be) the amount of such costs.

5. (a) Any self-insured excess shall not exceed that provided for under Regulation 6 (b).

( b ) The payment of any self-insured excess shall be a matter entirely between the insured and the qualified insurer and the payment of a claim by the qualified insurer to a claimant shall not be subject to reduction by the amount of any self-insured excess payable by the insured to the qualified insurer.

(6) With effect from the 1st day of January 1997, the period of cover shall (under Regulation 3) include the full duration of the practice year.

7. (a) The approved indemnity terms shall not be subject to repudiation or recision by the qualified insurer, or the level of cover shall not be subject to reduction below the minimum level of cover, on the grounds of innocent misrepresentation or innocent non-disclosure on the part of the insured, and the onus of providing that a misrepresentation or a non-disclosure was not innocent shall be on the qualified insurer.

(b) Without prejudice to the generality of sub-clause (a) of this clause, it shall be open to a qualified insurer to provide (as between the qualified insurer and the insured only)—

(i) for the objective determination of the prejudice (if any) and financial loss (if any) suffered by the qualified insurer as a result of an innocent misrepresentation or innocent non-disclosure on the part of the insured; and

(ii) for the recoupment by the qualified insurer from the insured of the amount of any financial loss so objectively determined, whether by way of direct payment to the qualified insurer or by way of upward adjustment of the premium payable by the insured.

(8) An insured shall not be required against its wish to contest the issue of liability in any legal proceedings or arbitration arising from any claim unless a solicitor or a member of the Irish Bar (to be mutually agreed upon by the insured and the qualified insurer or, failing agreement, to be appointed by the President for the time being of the Society) shall advise that such proceedings or arbitration should be contested.

SCHEDULE

WITHIN REFERRED TO

FORM 1

ASSIGNED RISKS POOL PARTICIPATION AGREEMENT

AGREEMENT made the day of 1995 BETWEEN the LAW SOCIETY OF IRELAND of Blackhall Place in the City of Dublin (hereinafter referred to as "the Society"), of the first Part AND .........................................

of ............................................................ ............................................................ ............................................................ ....

in the County/City of ................ (hereinafter called "the qualified Insurer") of the Second Part.

WHEREAS

(a) The Society has made regulations (hereinafter referred to as the "Indemnity Regulations") pursuant to Section 26 of the Solicitors (Amendment) Act 1994 , as comprised in Statutory Instrument No. 312 of 1995 ).

(b) The Indemnity Regulations provide (inter alia) as follows:

(i) "Assigned Risks Pool" means the insurance pool participated in by each qualified insurer through which a solicitor who is refused the minimum level of cover or run-off cover, or in respect of whom there has been a constructive declinature, by three or more qualified insurers (one of which to be the mutual fund known as the "Solicitors Mutual Defence Fund Limited") may, in accordance with these Regulations, obtain the minimum level of cover or run-off cover.

(ii) "constructive declinature" means the quotation to a solicitor by a qualified insurer of terms or conditions or of a premium for providing the minimum level of cover or run-off cover, the effect of which is tantamount, in the opinion of the PII Committee in the particular circumstances of the case, to a refusal to provide the minimum level of cover;

(iii) "Council" means the Council of the Law Society of Ireland.

(iv) "indemnity against losses" means indemnity against losses and claims in respect of civil liability incurred by an insured in respect of any act or omission of the insured arising from his practice as a solicitor;

(v) "indemnity cover" means indemnity cover in force relating to a solicitor in respect of his practice as a solicitor, whether or not provided by a qualified insurer and whether or not equivalent to the minimum level of cover;

(vi) "insured" means a solicitor or a partner, clerk or servant (or former or deceased partner, clerk or servant) of a solicitor, and includes a solicitor who is a member of the mutual fund known as the "Solicitors Mutual Defence Fund Limited";

(vii) "insurer" means—

(A) the mutual fund known as the "Solicitors Mutual Defence Fund Limited"; or

(B) an insurance company or insurance underwriter authorised pursuant to the Insurance Acts, 1909 to 1990 to carry on general insurance business in the State; or

(C) an insurance company or insurance underwriter which has either its head office or a branch office within a member state of the European Union other than the State and which is authorised by law to carry on general insurance business within the State;

(viii) "minimum level of cover" means the minimum level of cover (including retroactive cover) for indemnity against losses pursuant to approved indemnity terms from a qualified insurer in respect of any practice year and shall be—

(A) the amount of £350,000 for each and every claim (including claimants' legal costs) unlimited in the aggregate in respect of any act or omission of the insured which gives rise to a claim or which the insured considers may give rise to a claim and is duly notified to the qualified insurer concerned during the practice year in question, together with the insured's own legal costs up to a maximum of not less than £100,000 incurred with the consent of the qualified insurer concerned, or such other increased amounts as may be specified by the Council from time to time (after consultation with the PII Committee) and as shall be notified to each qualified insurer and to each solicitor holding a current practising certificate by not later than six months prior to the commencement of the next following practice year from which such increased amounts would become applicable; or

(B) in such particular and exceptional circumstances (whether in relation to the Assigned Risks Pool or otherwise) as the PII Committee in its discretion may accept and subject to such terms and conditions as the PII Committee may specify as appropriate, such amount in the aggregate not being less than £350,000 (including claimants' legal costs), together with the insured's own legal costs up to a maximum of not less than £100,000 incurred with the consent of the qualified insurer concerned, for claims in respect of any act or omission of the insured which gives rise to a claim or which the insured considers may give rise to a claim occurring during, or within a period of six years prior to the commencement of, the practice year in question, and is duly notified to the Pool Manager or to the qualified insurer concerned during the practice year in question;

(ix) an insurer to be designated by the Society's Professional Indemnity Insurance Committee (hereinafter referred to as the "PII Committee") as a "qualified insurer" is required to enter into an Assigned Risks Pool Participation Agreement (in the form of this Agreement), which shall include an agreement with the Society to provide to solicitors acceptable to the qualified insurer at least the minimum level of cover pursuant to a contract of insurance, or pursuant to written terms of membership of a mutual fund, including at least the minimum provisions as set forth in the Appendix to the Indemnity Regulations and as may be specified by the PII Committee from time to time (in the Indemnity Regulations referred to as "approved indemnity terms");

(x) "PI Committee" means the Professional Indemnity Insurance Committee appointed pursuant to Regulation 3;

(xi) "Pool Manager" means the person (including a body corporate) appointed from time to time by the PII Committee to manage the Assigned Risks Pool;

(xii) "practice" means a solicitor's practice carried on by one or more solicitors engaged in the provision of legal services;

(xiii) "retroactive cover" means indemnity against losses arising from the provision of legal services engaged in by a solicitor prior to the practice year in which a claim in respect thereof is duly notified to the qualified insurer concerned or to the Pool Manager;

(xiv) "run-off cover" means indemnity against losses equivalent to the minimum level of cover in respect of an act or omission of a solicitor arising from his practice as a solicitor and occurring prior to the solicitor ceasing for any reason to engage in practice as a solicitor, which is duly notified within a period of six years from the end of the practice year in respect of which there was last in force relating to the solicitor the minimum level of cover;

(xv) the "self-insured excess" applicable to each and every claim in any practice year shall not exceed—

(A) in the case of a practice comprising one solicitor only, the amount of £5,000 and in the case of a practice comprising two or more solicitors practising together (whether or not the relationship between them is based on partnership), the amount of £5,000 multiplied by the number of solicitors in the practice; or

(B) such other amount as may be specified by the Council from time to time (after consultation with the PII Committee) and as notified to each qualified insurer and to each solicitor holding a current practising certificate by not later than six months prior to the commencement of the next following practice year from which such other amount would become applicable;

(xvi) "solicitor" means a person who has been admitted as a solicitor and whose name is on the roll; and a reference to a solicitor includes, unless the context otherwise requires, a reference to—

(A) a solicitor who is engaged in practice as a solicitor, whether as a sole practitioner or as a partner in a practice or as an employee of a practice or of any other person or body, and who is prohibited by section 56 of the Solicitors (Amendment) Act 1994 from so engaging in practice unless a practising certificate in respect of him is in force;

(B) a solicitor who is employed full-time within the State to provide conveyancing services only to and for his employer (provided that such employer is not a solicitor);

(C) a former solicitor or a deceased solicitor;

(xvii) a solicitor shall not be issued with a practising certificate unless the solicitor has furnished (or caused to be furnished) to the Society written confirmation from a qualified insurer of there being in force relating to that solicitor the minimum level of cover for the duration of the practice year to which such practising certificate so applied for relates.

(c) The Qualified Insurer has been furnished by the Society with a copy of the Indemnity Regulations.

(d) The Qualified Insurer is desirous of becoming a qualified insurer within the meaning of the Indemnity Regulations and of complying with the Indemnity Regulations in that regard by entering into an Assigned Risks Pool Participation Agreement (in the form of this Agreement) with the Society.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. That the Qualified Insurer shall provide to solicitors acceptable to the Qualified Insurer at least the minimum level of cover pursuant to a contract of insurance or pursuant to written terms of membership of a mutual fund, including at least the approved indemnity terms, to enable the solicitors concerned to comply with Regulation 4 of the Indemnity Regulations.

2. That the qualified Insurer shall, when requested by the PII Committee to do so, furnish to the PII Committee and to the Pool Manager, in respect of any practice year in which the Qualified Insurer is a qualified insurer, the name and address of each solicitor to whom the Qualified Insurer provides the minimum level of cover; provided that where the minimum level of cover is provided to a practice comprising five or more solicitors (whether partners or employees) there shall be sufficient compliance with this clause if the Qualified Insurer furnishes to the PII Committee and to the Pool Manager written confirmation that each and every solicitor who is or becomes a partner, or who is or becomes an employee, of the practice during the practice year in question is covered by the minimum level of cover provided to that practice.

3. That the Qualified Insurer shall, when deemed appropriate and reasonable and so requested by the PII Committee, refer to arbitration (by an arbitrator who shall be a solicitor or a member of the Irish Bar either mutually agreed or as nominated by the President of the Society for the time being) any dispute involving the qualified Insurer relating either to which of two or more qualified insurers (or other insurer(s) providing indemnity cover) should indemnify a solicitor or relating to the manner or extent to which two or more qualified insurers (or other insurer(s) providing indemnity cover) should indemnify a solicitor.

4. That the Qualified Insurer shall participate in the Assigned Risks Pool and shall share the premium therefor and shall contribute, in conjunction with all other qualified insurers for the time being, to the provision of the minimum level of cover or run-off cover through the Assigned Risks Pool pursuant to the Indemnity Regulations, such sharing and contribution to be ascertained in accordance with clause 5 herein after set forth.

5. That the proportion of the sharing by the Qualified Insurer of the premium therefor and the contribution of the qualified Insurer to the provision of the minimum level of cover or run-off cover through the Assigned Risks Pool pursuant to the Indemnity Regulations shall be the proportion which the number of individual solicitors to whom the Qualified Insurer provides the minimum level of cover in the relevant practice year bears to the total number of individual solicitors to whom all qualified insurers provide the minimum level of cover in the relevant practice year.

6. That the Qualified Insurer shall, when deemed appropriate and reasonable and so requested by the PII Committee, furnish to the PII Committee and to the Pool Manager relevant information relating to an alleged refusal or constructive declinature by the Qualified Insurer in relation to a solicitor applying for admission to the Assigned Risks Pool.

7. That the Qualified Insurer shall when deemed appropriate and reasonable and so requested by the PII Committee, furnish to the PII Committee data relating to the category of claims in respect of civil liability incurred by solicitors insured by the Qualified Insurer and arising from their practice as solicitors, where the PII Committee require such data to provide to the solicitors' profession as a whole advice relating to risk management; provided that the Qualified Insurer shall not be required to furnish such data where to do so would identify an individual insured and would give rise to a breach of the duty of confidentiality owed by the Qualified Insurer to that individual insured.

8. That in the event of any dispute, howsoever arising, between the Qualified Insurer and any other qualified insurer(s) in connection with or concerning the operation of the Assigned Risks Pool, the Qualified Insurer (following consideration by the PII Committee of written submissions invited from each qualified insurer concerned, including the Qualified Insurer, on the issues in such dispute) shall abide by the decision of the PII Committee on the means of resolution of such dispute.

9. That the Qualified Insurer shall give to the Society and to each solicitor to whom the Qualified Insurer provides the minimum level of cover at least three months notice expiring on the 31st day of October in any practice year of the Qualified Insurer's intention as and from the 1st day of January in the following year to discontinue providing the minimum level of cover to solicitors and to cease to be a qualified insurer.

10. That the Society shall, when requested by the Qualified Insurer to do so, provide all information relating to a solicitor that the Society would be entitled under the Solicitors Acts, 1954 to 1994 or any regulations thereunder (including the Indemnity Regulations) to provide on request to any member of the public or to any other solicitor.

IN WITNESS WHEREOF the parties hereto have hereunto set their hands and affixed their seals this day and year first herein WRITTEN.

SIGNED AND SEALED BY the Law Society of Ireland

in the presence of:

SIGNED AND SEALED BY (Qualified Insurer)

in the presence of:

FORM 2

APPLICATION FOR ADMISSION TO ASSIGNED RISKS POOL

The Pool Manager,

Assigned Risks Pool,

C/o the Professional Indemnity Insurance Committee,

The Law Society of Ireland,

Blackhall Place,

Dublin 7.

I ............................................................ .................... of ............................................................ .............. in the

County/City of ........................, Solicitor, HEREBY APPLY for admission to the Assigned Risks Pool and in pursuance thereto I HEREBY CERTIFY as correct the following:

1. That I have read the regulations (hereinafter referred to as the "Indemnity Regulations") made pursuant to section 26 of the Solicitors (Amendment) Act, 1994 (as comprised in Statutory Instrument No. 312 of 1995 ) and in particular the provisions therein relating to the Assigned Risks Pool.

2. That I have never previously been in the Assigned Risks Pool.

OR

That I have not been in the Assigned Risks Pool within the preceding six years, having last been in the Assigned Risks Pool in the practice years(s) 19 (and 19 ).

3. That I have been refused the minimum level of cover within the meaning of the Indemnity Regulations, or there has been what I believe to be a constructive declinature*[*i.e., , by the following three or more qualified insurer(s), namely:

[Evidence attached]

4. That I have applied to the Law Society of Ireland for a practising certificate in respect of the practice year 19 and that such practice certificate would be issued to me subject only to my furnishing (or causing to be furnished) to the Society written evidence of there being in force relating to me the minimum level of cover for the duration of that practice year.

5. That I consent to the Pool Manager communicating with any qualified insurer or with the Registrar of Solicitors in order to verify the matters herein certified by me as correct.

Dated the .............. day of .................................. 19 ......

Signed: ________________________

Solicitor

FORM 3

PROPOSAL FOR MINIMUM LEVEL OF COVER THROUGH ASSIGNED RISKS POOL

I enclose cheque for £............., being the premium deposit nominated by the Pool Manager pursuant to Regulation 9 (b) of the Solicitors Acts, 1954 to 1994 (Professional Indemnity Insurance) Regulations, 1995.

Dated the .............. day of ................................... 19 ..........

Signed: _____________________

Solicitor

FORM 4

UNDERTAKING TO SUBMIT TO RISK MANAGEMENT AUDIT

I ............................................................ ................., of ............................................................ ....................... in

the County/City of ......................, Solicitor, in consideration of being admitted to the Assigned Risks Pool HEREBY UNDERTAKE AND AGREE to submit to a Risk Management Audit of the practice carried on at the above address and to pay the cost thereof (not to exceed in any practice year the equivalent of the amount of £2,000 per solicitor in the practice).

Dated the .............. day of ................................... 19 ..........

Signed: _____________________

Solicitor

EXPLANATORY NOTE.

The principal purpose of the Instrument is to implement the provisions of Section 26 of the Solicitors (Amendment) Act, 1994 and—

— to provide for the establishment and membership of the Professional Indemnity Insurance Committee;

— to provide that, with certain exceptions, solicitors applying to the Law Society of Ireland for a practising certificate must have a minimum level of professional indemnity insurance cover incorporating approved indemnity terms in respect of the civil liability owed by solicitors to their clients in the provision by them of legal services;

— to provide for the requirements of an insurer becoming a qualified insurer;

— to provide for an Assigned Risks Pool comprising all qualified insurers which can in certain circumstances provide the minimum level of professional indemnity insurance cover to solicitors who cannot obtain it from an individual qualified insurer; and

— to provide for the maintenance by the Law Society of Ireland of an insurance record of the qualified insurer providing the minimum level of cover (or other indemnity cover) to each solicitor issued with a practising certificate who is required to have such cover.

[*i.e., the quotation of terms or conditions or of a premium for providing the minimum level of cover, the effect of which I believe is tantamount in my particular circumstances to a refusal to provide the minimum level of cover]