{
  "url": "https://openlegislation.uk/solicitors-scotland-act-1980/section-47",
  "json_url": "https://openlegislation.uk/solicitors-scotland-act-1980/section-47.json",
  "legislation": "ukpga/1980/46",
  "legislation_title": "Solicitors (Scotland) Act 1980",
  "legislation_url": "https://openlegislation.uk/solicitors-scotland-act-1980",
  "path": "section/47",
  "kind": "section",
  "number": "47",
  "heading": "Restriction on employing solicitor struck off or suspended.",
  "text": "(1) Unless he has the written permission of the Council to do so, a solicitor shall not, in connection with his or, as the case may be, its practice as a solicitor, employ or remunerate any person who to his knowledge is disqualified from practising as a solicitor and, unless it has such permission, an incorporated practice shall not by reason of the fact that his name has been struck off the roll or that he is suspended from practice as a solicitor.\n(1) An authorised legal business must not, without the prior written permission of the Council, employ or remunerate a person (“A”) in connection with the authorised legal business’s practice at a time when A is disqualified from practising as a solicitor by reason of A being struck off the roll or suspended from practice as a solicitor.\n(2) Any permission given by the Council for the purposes of subsection (1) may be given for such period and subject to such conditions as the Council think fit.\n(3) A solicitor or, as the case may be, incorporated practice An authorised legal business aggrieved by the refusal of the Council to grant any such permission as aforesaid, or by any conditions attached by the Council to the grant thereof, may appeal to the Court; and on any such appeal the Court may give such directions in the matter as it thinks fit.\n(4) If any solicitor acts in contravention of this section or of any condition subject to which any permission has been given thereunder, his name shall be struck off the roll or he shall be suspended from practice as a solicitor for such period as the Tribunal, or, in the case of an appeal, the Court, may think fit and if any incorporated practice so acts its recognition under section 34(1A) shall be revoked.\n(4) If an authorised legal business contravenes this section or a condition attached to the grant of permission under this section, the Tribunal or, in the case of an appeal, the Court may impose conditions or restrictions in relation to the authorised legal business’s authorisation to provide legal services.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 47(1) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 28(2); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 24(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 47(3) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 28(3); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 24(b)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "S. 47(4) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 28(4); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 24(c)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 47 applied (with modifications) (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations 2004 (S.S.I. 2004/383), reg. 13"
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "asp/2025/8",
      "affecting_title": "Regulation of Legal Services (Scotland) Act 2025"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1980/46/section/47",
    "retrieved_at": "2026-10-29T10:15:15.254365+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."
}