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.