The SRA recently consulted on the proposed changes to the process by which solicitors can apply for SRA rules to be waived, along with plans to introduce criteria and guidance to develop its Innovation Space.

Currently there are two existing waiver policies: a general policy and a policy specific to the SRA Indemnity Insurance Rules 2013. The SRA proposes combining these into a single policy, and to introduce a "no enforcement rule" in specific circumstances where waivers are not possible.

The Law Society has stated that it supports in principle the simplification of the waivers process, as long as some key principles are met:

• Any changes to the process must not be at the expense of consumer protections – for this reason, the Law Society does not agree that the criteria for granting waivers to the Professional Indemnity Insurance rules should be weakened.
• There should be clarity over how rules will be applied, with a level playing field for all providers – the Law Society believes that a detailed explanation of how the tests would be applied, along with impact assessments, should be published and consulted on before any new policy is implemented.
• The decision-making process for granting waivers should be completely transparent – this would help to minimise any competitive disadvantage for firms who have not applied for rule waivers.

The Law Society's full response to the SRA can be viewed here.