The Compensation (Claims Management Services) (Amendment) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under the Compensation Act 2006 (“the Act”).

Regulation 3 amends Part 5 of the Compensation (Claims Management Services) Regulations 2006 (“the 2006 Regulations”) so as to require authorised persons who provide representation for claimants in the area of personal injury claims to take out and maintain professional indemnity insurance complying with the specified minimum terms. The list of countries that have concluded special lending arrangements, referred to in regulation 3 substituting regulation 21 of the 2006 regulations, can be found on the International Monetary Fund’s website at www.imf.org/external/np/exr/facts/gabnab.htm. The list of countries that have rescheduled their external sovereign debt can be found on the Regulator’s website at www.claimsregulation.gov.uk.

Chapter 4 of Part 9 of the 2006 Regulations makes provision in relation to search warrants. Regulation 4 inserts regulation 40(4) and (5) into the 2006 Regulations enabling a judicial officer to permit an officer of the Regulator to take possession of written and electronic records pursuant to a search authorised under regulation 40(1) where certain conditions are met. Regulation 6 inserts regulation 44A into the 2006 Regulations so that a list of any written or electronic records taken possession of is provided to the requisite person, copies are made as soon as possible, and records are returned once they have been copied. Regulation 7 amends regulation 42(10) of the 2006 Regulations to extend the matters that must be endorsed on a search warrant.

The amendments to Part 9 are intended to reproduce, as nearly as possible and as far as is applicable, the effect of sections 16 and 19 of the Police and Criminal Evidence Act 1984. The Regulator’s officer is required to have regard to the codes issued by the Home Secretary under the Police and Criminal Evidence Act 1984 for search of premises and seizure of records.

Regulation 3 is brought into force on 1st July 2008 for the purpose of requiring certain authorised persons to take out and maintain professional indemnity insurance. Regulations 4 to 7 come into force on 1st August 2008 for the purpose of enabling an officer of the Regulator to take possession of written or electronic records pursuant to a search warrant.