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Part 5E+WAlternative business structures

Regulation of licensed bodiesE+W

99DisqualificationE+W

(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.

Commencement Information

I1S. 99 in force at 1.10.2011 by S.I. 2011/2196, art. 2(1)(c)