D3: Prohibition on Association with Disqualified Persons

3.1 In this rule 3, unless the context otherwise requires, terms listed in the first column of rule 3.1 shall have the meanings respectively ascribed to them in the second column of that rule:

Term

Definition

 

disqualified person

(a) in the case of a solicitor or former solicitor, a person who is disqualified from practising as a solicitor by reason of the fact that his name has been struck off the roll of solicitor or that he is suspended from practising as a solicitor;

(b) in the case of a registered foreign lawyer or formerly registered foreign lawyer, a person whose name has been removed from the register of foreign lawyers by the Scottish Solicitors' Discipline Tribunal or whose certificate of registration as a registered foreign lawyer has been suspended in accordance with section 24F of the 1980 Act;

(c) in the case of a registered European lawyer or formerly registered European lawyer, a person whose name has been removed from the register of European lawyers by the Scottish Solicitors' Discipline Tribunal or whose certificate of registration as a registered European lawyer has been suspended in accordance with section 24F of the 1980 Act; or

(d) in the case of any practice unit which requires, in order to be permitted to practise as such a practice unit, any form of recognition, registration or licence granted by the Council or the Society or any other regulatory body, any such practice unit in respect of which such recognition, registration or licence has been revoked,withdrawn or suspended.

 

3.2 Without prejudice to the restrictions contained in section 47 of the 1980 Act (restrictions on employing solicitor struck off or suspended), you shall not, in connection with your practice as a regulated person, without the prior written permission of the Council, which may be given for such period and subject to such conditions as the Council thinks fit, associate in business with or provide facilities for any person whom you know to be a disqualified person.