1989 Ed.]
Legal Practitioners
[CAP. 159
53
(b) by an employee of a solicitor or former solicitor in connection with that solicitor's practice or with any trust of which that solicitor or the employee is or formerly was a trustee.
(2) For the purpose of providing such indemnity, indemnity rules-
(a) may authorize or require the Society to establish and maintain a fund or funds;
(b) may authorize or require the Society to take out and maintain insurance with authorized insurers;
(c) may require solicitors or any specified class of solicitors to take out and maintain insurance with authorized insurers.
(3) Without prejudice to the generality of subsections (1) and (2), indemnity rules-
(a) may 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) may provide for the management, administration and protection of any fund maintained by virtue of subsection (2)(a) and require solicitors or any class of solicitors to make payments to any such fund;
(c) may require solicitors or any class of solicitors to make payments by way of premium on any insurance policy maintained by the Society by virtue of subsection (2)(b);
(d) may prescribe the conditions which an insurance policy must satisfy for the purposes of subsection (2)(c);
(e) may authorize the Society to determine the amount of any payments required by the rules, subject to such limits, or in accordance with such provisions, as may be prescribed by the rules;
(f) may specify circumstances in which, where a solicitor (not being a solicitor who is exempt from complying with the rules) for whom indemnity is provided has failed to comply with the rules, 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) may specify circumstances in which solicitors are exempt from the rules;
(h) may empower the Council to take such steps as they consider necessary or expedient to ascertain whether or not the rules are being complied with; and
(i) may contain incidental, procedural or supplementary provisions.
(4) If any solicitor (not being a solicitor who is exempt from complying with indemnity rules) fails to comply with the rules any person may make a complaint in respect of that failure to the Disciplinary Committee.