Part 5Alternative business structures

Regulation of licensed bodies

I199Disqualification

1

A licensing authority may in accordance with its licensing rules disqualify a person from one or more of the activities mentioned in subsection (2) if—

a

the disqualification condition is satisfied in relation to the person, and

b

the licensing authority is satisfied that it is undesirable for the person to engage in that activity or those activities.

2

The activities are—

a

acting as Head of Legal Practice of any licensed body,

b

acting as Head of Finance and Administration of any licensed body,

c

being a manager of any licensed body, or

d

being employed by any licensed body.

3

The disqualification condition is satisfied in relation to a person if, in relation to a licensed body licensed by the licensing authority, the person (intentionally or through neglect)—

a

breaches a relevant duty to which the person is subject, or

b

causes, or substantially contributes to, a significant breach of the terms of the licensed body's licence.

4

The relevant duties are—

a

the duties imposed on a Head of Legal Practice by section 91,

b

the duties imposed on a Head of Finance and Administration by section 92,

c

the duties imposed by section 176 on regulated persons (within the meaning of that section), and

d

the duty imposed on non-authorised persons by section 90.