Section 42: Failure to disclose fact of having been struck off or suspended.

Solicitors Act 1974 · 1974 c.47

Part II: Professional Practice, Conduct and Discipline of Solicitors and Clerks

42(1)

Any person who, while he is disqualified from practising as a solicitor by reason of the fact that—

(a) his name has been struck off the roll, or

(b) he is suspended from practising as a solicitor, or

(c) his practising certificate is suspended while he is an undischarged bankrupt,

seeks 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.

42(1A)

Any person—

(a) with respect to whom a direction is in force under section 47(2)(g); and

(b) who seeks or accepts employment by a solicitor in connection with that solicitor's practice without previously informing him of the direction,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level three on the standard scale.

42(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.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.