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Section 57 Effect of disqualificationI1I2

(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.

Annotations

Commencement

I1

S. 57 in force at 1.4.2011 for specified purposes by S.S.I. 2011/180, art. 3, Sch.

I2

S. 57 in force at 2.7.2012 in so far as not already in force by S.S.I. 2012/152, art. 2, Sch.