Section 43 Appeals in relation to authorisation decisionsI1I2I3
Scotland
An appeal against a relevant authorisation decision may be made to the sheriff by—
an applicant for authorisation under rules made in pursuance of section 42, or
an authorised legal business.
An appeal under subsection (1) must be made within the period of 3 months beginning with the later of—
the day on which the relevant authorisation decision is intimated to the applicant or, as the case may be, authorised legal business, or
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.
A relevant authorisation decision is a decision taken under authorisation rules made in pursuance of this Part to—
refuse an application for authorisation of a legal business,
impose, vary or revoke conditions or restrictions in relation to its authorisation, or
suspend or withdraw its authorisation.
In the appeal, the sheriff may—
uphold, vary or quash the decision,
make such further order (including for the expenses of the parties) as is necessary in the interests of justice.
The sheriff’s determination in the appeal is final.