Part 2Regulation of licensed legal services

Chapter 2Licensed legal services providers

Appointment to position etc.

I1I255Challenge to appointment

1

An approved regulator may by written notice challenge the appointment by any of its licensed providers of a person (“P”)—

a

as its—

i

Head of Legal Services, or

ii

Head of Practice, or

b

as a member of its Practice Committee.

2

A notice of a challenge under subsection (1)—

a

requires to be given by the approved regulator within 14 days of the relevant notification to it under section 54(2), (4) or (5)(a),

b

is to specify the grounds for the challenge.

3

A challenge under subsection (1) may be made only if the approved regulator—

a

believes that P is (or may be)—

i

ineligible, or

ii

unsuitable,

for the appointment, or

b

has other reasonable grounds for the challenge.

4

If the approved regulator determines (after making a challenge under subsection (1)) that the grounds for the challenge are made out, it may direct the licensed provider to rescind P's appointment.

5

Before giving a direction under subsection (4), the approved regulator must give the licensed provider and P 28 days (or such longer period as it may allow) to—

a

make representations to it,

b

take such steps as the licensed provider or P may consider expedient.

6

Practice and licensing rules respectively must—

a

explain the basis on which P's suitability for the appointment is determinable,

b

provide that the licensed provider's licence is to be revoked or suspended if the licensed provider does not comply with a direction under subsection (4).

7

A licensed provider which or another person who is aggrieved by a direction under subsection (4) (or both jointly) may appeal against the direction—

a

to the sheriff,

b

within the period of 3 months beginning with the date on which the direction is given.

8

For the purpose of subsections (1) to (6), an example of things relevant as respects P's suitability for the appointment is whether P has a record of misconduct in any professional context.