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SOLICITORS (NORTHERN IRELAND) ORDER 1976 - SECT 63



63.(1) The Council may by regulations (in this Order referred to as "indemnity
regulations") make provision for indemnity against claims in respect of any
description of civil liability incurred

(a)by a solicitor or former solicitor in connection with his practice or with
any trust of which he is or was a trustee;

(b)by an apprentice, clerk or servant or former apprentice, clerk or servant
of a solicitor or former solicitor in connection with that solicitor's
practice or with any trust of which that solicitor or the apprentice, clerk or
servant is or was a trustee.

(2) Indemnity regulations may

(a)authorise or require the Society to establish and maintain an indemnity
fund or funds;

(b)authorise or require the Society to take out and maintain indemnity
insurance with authorised insurers;

(c)require solicitors to take out and maintain indemnity insurance with
authorised insurers.

(3) Without prejudice to the generality of paragraphs (1) and (2), indemnity
regulations may

(a)specify the terms and conditions on which indemnity is to be available, and
any circumstances in which the right to it is to be excluded or modified;

(b)provide for the management, administration and protection of any fund
maintained under paragraph (2)(a) and require solicitors to make payments to
any such fund;

(c)require solicitors to make payments by way of premium on any insurance
policy maintained by the Society under paragraph (2)(b);

(d)prescribe the conditions which an insurance policy must satisfy for the
purposes of paragraph (2)(c);

(e)authorise the Society to determine the amount of any payments required by
the regulations subject to such limits, or in accordance with such provisions,
as may be prescribed by the regulations;

(f)specify circumstances in which, where a solicitor for whom indemnity is
provided has failed to comply with the regulations, the Society or insurers
may take proceedings against him in respect of sums paid by way of indemnity
in connection with a matter in relation to which he has failed to comply;

(g)specify circumstances in which solicitors are exempt from the regulations;

(h)empower the Council to take such steps as they consider necessary or
expedient to ascertain whether or not the regulations are being complied with;
and

(i)contain incidental, procedural or supplementary provisions.

(4) If any solicitor fails to comply with indemnity regulations, any person
may make a complaint in respect of that failure to the Disciplinary Committee.

(5) The Society may, without prejudice to any of their other powers, carry
into effect any arrangements which they consider necessary or expedient for
the purpose of providing indemnity under this Article.



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© 1976 Crown Copyright

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