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Legal Services (Scotland) Act 2010

Section 72 – Employing disqualified lawyer

157.Section 72 applies to:

  • a solicitor who has been struck off the roll or suspended from practice;

  • a European or foreign lawyer who has been suspended or whose registration has been withdrawn;

  • an individual practitioner (as defined in section 48(5)) who has been either struck off, or suspended or disqualified from practising; or

  • an incorporated practice whose certificate of recognition has been revoked.

158.The licensed provider, knowing that a person is so disqualified, must not employ or pay that person (subsection (2)), unless the approved regulator has given permission so to do (subsection (3)), which it may do for a specified period and with conditions attached (subsection (4)). Subsections (5) and (6) provide for appeals to the Court of Session in certain situations. Subsection (7) provides that if a licensed provider knowingly and deliberately employs a disqualified person, or wilfully contravenes any conditions, its licence may be revoked or suspended.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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