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Legal Services (Scotland) Act 2010
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52Head of Practice
This section has no associated Explanatory Notes
(1)It is for a licensed provider to make such administrative arrangements as it considers appropriate in respect of its Head of Practice.
(2)A person is eligible for appointment (and to act) as its Head of Practice only if the person—
(a)has such qualifications, expertise and experience as are reasonably required, and
(b)in other respects, is fit and proper for the position.
(3)A Head of Practice has the function of securing the licensed provider’s—
(a)compliance with section 50(1)(c),
(b)fulfilment of its other duties under this Part.
(4)A Head of Practice is to manage the designated and other persons within the licensed provider with a view to ensuring that they—
(a)have regard to the Head’s functions under this Part,
(b)meet any professional obligations to which they are subject.
(5)A Head of Practice is to take such reasonable steps as may be required for the purposes of subsection (3).
(6)If it appears to a Head of Practice that—
(a)the licensed provider is failing (or has failed) to fulfil any of its duties under this Part or another enactment,
(b)an investor in the licensed provider is—
(i)failing (or has failed) to fulfil any of the investor’s duties under this Part or another enactment, or
(ii)contravening (or has contravened) section 66(1) or (2),
the Head is to report that fact to the licensed provider’s approved regulator.
(7)The Scottish Ministers may by regulations make further provision about—
(a)Heads of Practice,
(b)the functions of such Heads (in their capacity as such).
(8)Before making regulations under subsection (7), the Scottish Ministers must consult the Lord President.
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