Part 2

Regulation of legal businesses

Regulation of authorised legal businesses

Appeals in relation to authorisation decisions
43
1
An appeal against a relevant authorisation decision may be made to the sheriff by—
a
an applicant for authorisation under rules made in pursuance of section 42, or
b
an authorised legal business.
2
An appeal under subsection (1) must be made within the period of 3 months beginning with the later of—
a
the day on which the relevant authorisation decision is intimated to the applicant or, as the case may be, authorised legal business, or
b
where the relevant authorisation decision has been the subject of an internal appeal process of the category 1 regulator, the day on which the decision of the internal appeal is intimated to the applicant or, as the case may be, the authorised legal business.
3
A relevant authorisation decision is a decision taken under authorisation rules made in pursuance of this Part to—
a
refuse an application for authorisation of a legal business,
b
impose, vary or revoke conditions or restrictions in relation to its authorisation, or
c
suspend or withdraw its authorisation.
4
In the appeal, the sheriff may—
a
uphold, vary or quash the decision,
b
make such further order (including for the expenses of the parties) as is necessary in the interests of justice.
5
The sheriff’s determination in the appeal is final.
S. 43 not in force at Royal Assent, see s. 103(3)