Legal Services (Scotland) Act 2010

57 Effect 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.