Part 2 SRegulation of licensed legal services

Chapter 2SLicensed legal services providers

Appointment to position etc.S

57Effect of disqualificationS

(1)A disqualification under section 56—

(a)may be—

(i)without limit of time, or

(ii)for a fixed period,

(b)extends so as to apply in relation to every licensed provider (including a licensed provider that is subject to the regulation of a different approved regulator).

(2)Where a disqualification under section 56 is from being a designated person, the disqualification may be framed so as to be limited by reference to—

(a)particular activities, or

(b)activities carried out without appropriate supervision (for example, that of a senior solicitor).

(3)Before disqualifying P under section 56, 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.

(4)Licensing rules must provide that the licensed provider's licence may be revoked or suspended if the licensed provider wilfully disregards a disqualification imposed under section 56.

(5)Practice rules must—

(a)set procedure (which the approved regulator is to follow) for imposing a disqualification under section 56,

(b)allow for review (and lifting) by the approved regulator of a disqualification imposed by it under that section.

(6)A person who is disqualified under section 56 may appeal against the disqualification—

(a)to the sheriff,

(b)within the period of 3 months beginning with the date on which the disqualification is imposed.