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Legal Services (Scotland) Act 2010

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Prospective

55Challenge to appointmentS
This sectionnoteType=Explanatory Notes has no associated

(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.

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