{
  "url": "https://openlegislation.uk/solicitors-act-1974/section-42",
  "json_url": "https://openlegislation.uk/solicitors-act-1974/section-42.json",
  "legislation": "ukpga/1974/47",
  "legislation_title": "Solicitors Act 1974",
  "legislation_url": "https://openlegislation.uk/solicitors-act-1974",
  "path": "section/42",
  "kind": "section",
  "number": "42",
  "heading": "Failure to disclose fact of having been struck off or suspended.",
  "text": "(1) Any person who, while he is disqualified from practising as a solicitor by reason of the fact that—\n(a) his name has been struck off the roll, or\n(b) he is suspended from practising as a solicitor, or\n(c) his practising certificate is suspended while he is an undischarged bankrupt,\nseeks or accepts employment by a solicitor in connection with that solicitor’s practice without previously informing him that he is so disqualified shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.\n(1A) Any person—\n(a) with respect to whom a direction is in force under section 47(2)(g); and\n(b) who seeks or accepts employment by a solicitor in connection with that solicitor’s practice without previously informing him of the direction,\nshall be guilty of an offence and liable on summary conviction to a fine not exceeding level three on the standard scale.\n(2) Notwithstanding anything in the Magistrates’ Courts Act 1980, proceedings under this section may be commenced at any time before the expiration of six months from the first discovery of the offence by the prosecutor, but no such proceedings shall be commenced except by, or with the consent of, the Attorney General.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 42(1A) inserted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 15"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 132"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1980 c. 43."
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 42 extended (with modifications) (1.7.2009) by The Registered Foreign Lawyers Order 2009 (S.I. 2009/1589), art. 5(c)"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "S. 42 extended (22.5.2000) by S.I. 2000/1119, regs. 1, 37(3), Sch. 4 para. 7(3) (as amended (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 3(7)(e))"
    },
    {
      "type": "C",
      "label": "C3",
      "text": "S. 42(1) extended (1.1.1992) by Administration of Justice Act 1985 (c. 61, SIF 34), s. 9, Sch. 2 para. 10; S.I. 1991/2683, art. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1974/47/section/42",
    "retrieved_at": "2026-10-29T10:43:05.522324+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}