Explanatory Notes

Legal Services (Scotland) Act 2010

2010 asp 16

9 November 2010

Commentary on Sections

Part 2 – Regulation of Licensed Legal Services

Chapter 2 – Licensed Legal Services Providers
Appointment to position etc.
Section 55 – Challenge to appointment

124.Section 55 gives an approved regulator the power to challenge any appointment to the posts of Head of Legal Services, Head of Practice or as a member of a Practice Committee. The section sets down the specific grounds of challenge: a challenge can only be made if an approved regulator believes that person to be ineligible or unsuitable, or on other reasonable grounds. After allowing representations, it is open to an approved regulator to direct that an appointment be rescinded. Under subsection (7), the licensed provider or the aggrieved person may appeal to the sheriff within 3 months of the date of the direction.