Law Society notices
Consultation - proposed new rules and guidance on conflict and confidentiality
The Law Society's regulation review working party is reviewing and rewriting the rules and principles of conduct in the Guide to the Professional Conduct of Solicitors, 1999, eighth edition.
In July 2001, the working party published an initial consultation paper on the subject of conflict and confidentiality.
This was in the nature of an 'issues' paper and highlighted problems created by the current rules, especially for large firms.
It suggested a possible solution in the form of draft rules prepared by the City of London Law Society.
Respondents were broadly supportive of the need for change and comments made by them have been used to develop the draft rules.
Detailed guidance has also been prepared to help with their interpretation.
The rules and guidance, in what is intended to be their final form, are now presented in a further consultation which highlights all the changes.
Conveyancing conflict is an integral part of the consultation and major change is proposed to the way in which commercial conveyancing is dealt with.
This will be the last opportunity to comment on these important new rules, and their accompanying guidance, which will affect all solicitors and their firms.
Therefore, the working party would be grateful if solicitors could take the time to read the consultation document and complete the short questionnaire.
The new consultation is available at: www.lawsociety.org.uk (go to view all contents A-Z/Rules Review: conflict of interest consultation/conflict of interest consultation results) or in printed form from the Society's professional ethics department (tel: 0870 606 2577).
The initial consultation, together with an analysis of the responses, is also available at the same Web address and telephone number.
Replacement windows and doors
From the Law Society's conveyancing and land law committee
New regulations apply to the installation of replacement windows and doors under the Building (Amendment) Regulations 2002 (SI 2002/440), which came into force on 1 April 2002.
It will now be necessary for the buyer's solicitor to check the position with the seller's solicitor.
All such works must comply with the new approved documents L1 or L2 (conservation of fuel and power) under the Building Regulations 2000 (SI 2000/2531) as amended, which now applies to products used in replacement work.
However, the regulations do not apply to replacing a broken pane.
The Glass and Glazing Federation (GGF) has, with the approval of the government, set up a self-assessment scheme called 'fenestration self-assessment' (FENSA) for its members.
All replacement windows, roof lights, roof windows and glazed doors will have to comply with the building regulations and solicitors will need to be satisfied that either the work has the certificate issued by FENSA or the benefit of a certificate issued by the Local Authority Building Control.
The certificate issued by FENSA will show that a FENSA registered company has completed the work.
FENSA members are required to ensure that all installation work complies with the approved documents L1 or L2, and to lodge a certificate that the work complies with applicable requirements with the local authority within ten days of completion of the work.
The new procedures apply to all contracts signed on or after 1 April 2002.
On orders placed before 1 April 2002, the procedure will not apply if all the work was completed before 1 July 2002.
The members of GGF will offer an insurance-backed warranty/guarantee with each contract.
If the householder takes up that offer, and the company that undertook the work ceases to trade, the householder will be covered.
However, if the householder does not take up the insurance, the GGF does not offer any form of backup for the installation.
The appropriate questions will be included in the third edition of the seller's property information form, which should be used as part of the Law Society's national conveyancing protocol from 31 October 2002.
The revised form will be available from legal stationers from 1 October 2002.
Solicitors may continue using the current edition but it is suggested that the following additional enquiry be raised: Have any replacement windows, roof lights, roof windows or glazed doors been installed at the property? If yes, were all of these installed before 1 April 2002? If they were not, please produce either a certificate issued by a FENSA registered person or a certificate issued under the Local Authority Building Control.
Does the work have the benefit of a guarantee/warranty? If yes, please supply a copy.
Additional information is available from:
FENSA, 44-48 Borough High Street, London SE1 1XB; tel: 0870 780 2028; fax: 020 7357 7458; e-mail: info@fensa.org.uk;Web site: www.fensa.org.uk
The Glass and Glazing Federation, 44-48 Borough High Street, London SE1 1XB; tel: 020 7403 7177; fax: 020 7357 7458; e-mail: info@ggf.org.uk;Web site: www.ggf.org.uk
The press release on the replacement window scheme can be found on the Office of the Deputy Prime Minister's Web site at: www.safety.odpm.gov.uk/ bregs/news/fensa/index.htm (press release).
Copies of approved documents L1 & L2 may be downloaded from: www.safety.odpm.gov.uk/ bregs/brads.htm
Statutory instruments
The Building (Amendment) Regulations 2002 (SI 2002/440); the Building (Amendment) Regulations 2001 (SI 2001/3335) and the Building Regulations 2000 (SI 2000 /2531) are available to purchase from the stationery office (www.tso.co.uk).
The documents can be viewed on-line at: www.legislation.hmso.
gov.uk/stat.htm
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