Part 5

General

Civil enforcement in relation to offences
99
1
This section applies if a category 1 or category 2 regulator considers that a person has committed an offence under any of the following provisions—
a
section 31(1) (offence of pretending to have acquired rights),
b
section 39(5) (offence of owning or operating a legal business without authorisation),
c
section 40(1) (offence of pretending to be an authorised legal business),
d
section 90(1) (offence of taking or using the title of lawyer),
e
section 91(1) (offence of pretending to be a regulated legal services provider),
f
section 92(1) (offence of pretending to be a member of the Faculty of Advocates).
2
The regulator may apply to the sheriff or the Court of Session for interdict (including interim interdict) against the person to seek to prevent the person from doing anything that constitutes or would constitute the offence.
3
Following an application under subsection (2), the sheriff or the Court of Session may grant such interdict (or interim interdict) on such terms as it considers appropriate for the purpose of preventing the person from doing anything that constitutes or would constitute the offence.
4
This section does not restrict a category 1 or category 2 regulator from seeking any other court order against a person mentioned in this section.
S. 99 not in force at Royal Assent, see s. 103(3)