Legal Services (Scotland) Act 2010

56 Disqualification from position

(1) An approved regulator has the functions exercisable—

(a) under this section and section 57, and

(b) by reference to one or more of the conditions specified in section 58,

in relation to a person (“P”) who holds within any of its licensed providers any of the posts to which those sections relate.

(2) If the first condition is met in relation to P, the approved regulator must disqualify P from—

(a) appointment (or acting) as the Head of Practice,

(b) membership of a Practice Committee.

(3) If the second condition is met in relation to P, the approved regulator—

(a) must disqualify P from—

(i) appointment (or acting) as the Head of Legal Services or Head of Practice,

(ii) membership of a Practice Committee,

(b) may disqualify P from being a designated person.

(4) If the third condition is met in relation to P, the approved regulator must disqualify P from—

(a) appointment (or acting) as the Head of Legal Services or Head of Practice,

(b) membership of a Practice Committee.

(5) If the fourth condition is met in relation to P, the approved regulator—

(a) must disqualify P from—

(i) appointment (or acting) as the Head of Legal Services or Head of Practice,

(ii) membership of a Practice Committee,

(b) may disqualify P from being a designated person.

(6) If the fifth condition is met in relation to P, the approved regulator may disqualify P from—

(a) appointment (or acting) as the Head of Legal Services or Head of Practice,

(b) membership of a Practice Committee,

(c) being a designated person.