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Legal Services (Scotland) Act 2010

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This is the original version (as it was originally enacted).

57Effect of disqualification
This section has no associated Explanatory Notes

(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.

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