Part 2Regulation of licensed legal services
Chapter 2Licensed legal services providers
Appointment to position etc.
57Effect of disqualification
(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.