Regulation of Legal Services (Scotland) Act 2025

Civil enforcement of certain offences

45 After section 74 of the 2010 Act insert—

“74A Civil enforcement in relation to certain offences

(1) Subsection (2) applies if an approved regulator considers that a person has committed an offence under either of the following provisions—

(a) section 73(2) (offence of employee concealing disqualification from licensed provider employer),

(b) section 74(1) (offence of pretending to be licensed provider).

(2) The approved 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 any thing 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 any thing that constitutes or would constitute the offence.

(4) If an approved regulator considers that a body has committed an offence under section 73(5) (offence of concealing revocation as incorporated practice), the regulator may apply to the sheriff or the Court of Session for interdict (including interim interdict) against the body, or a person connected to the body, to seek to prevent—

(a) the body from doing anything that constitutes or would constitute the offence, or

(b) the person from doing anything that contributes to, or would contribute to, the commission of the offence by the body.

(5) Following an application under subsection (4), 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 anything mentioned in subsection (4)(a) or (b) from being done.

(6) This section does not restrict an approved regulator from seeking any other court order against a person or body mentioned in this section.”.