Section 57 Effect of disqualificationI1I2
A disqualification under section 56—
may be—
without limit of time, or
for a fixed period,
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).
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—
particular activities, or
activities carried out without appropriate supervision (for example, that of a senior solicitor).
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—
make representations to it,
take such steps as the licensed provider or P may consider expedient.
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.
Practice rules must—
set procedure (which the approved regulator is to follow) for imposing a disqualification under section 56,
allow for review (and lifting) by the approved regulator of a disqualification imposed by it under that section.
A person who is disqualified under section 56 may appeal against the disqualification—
to the sheriff,
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.