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Legal Services (Scotland) Act 2010

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This is the original version (as it was originally enacted).

Registers and lists

82Register of approved regulators

(1)The Scottish Ministers—

(a)must keep and publish a register of approved regulators,

(b)may do so in such manner as they consider appropriate.

(2)The register is to include the following information in relation to each approved regulator—

(a)its contact details (including its address, website and telephone number),

(b)the date on which it was given the relevant approval under section 7,

(c)the date on which it was given the relevant authorisation under section 10 (and the duration of that authorisation (unlimited or the fixed period)),

(d)the categories of legal services to which that authorisation relates,

(e)details of any measure taken by the Scottish Ministers under section 38.

83Registers of licensed providers

(1)An approved regulator must keep and publish a register of its licensed legal services providers.

(2)The register is to include the following information in relation to each licensed provider—

(a)its name and any place of business,

(b)the relevant details about its licence,

(c)the name of every non-solicitor investor in the licensed provider,

(d)the name of every person intimated to the approved regulator under paragraph 3 of schedule 8,

(e)the names and the dates of appointment of—

(i)its Head of Legal Services, and

(ii)its Head of Practice or, if applicable, each member of its Practice Committee (including with specific reference to section 53(3)),

(f)whether the licensed provider has been the subject of any disciplinary action and (if so) a description of that action.

(3)In subsection (2)(b), the relevant details about a licensed provider’s licence are—

(a)the date on which the licence was originally granted,

(b)the date on which it was most recently renewed,

(c)whether it is subject to any conditions,

(d)the date on which it will expire.

(4)But, in the case of a former licensed provider, the relevant details are instead—

(a)the date on which the licence was originally granted,

(b)the period for which the licensed provider held a licence,

(c)the reason for the licensed provider ceasing to hold a licence.

(5)The Scottish Ministers may by regulations—

(a)make further provision about the information to be contained in the registers of licensed providers, and

(b)prescribe the manner in which those registers are to be kept and published.

(6)In this section, a reference to a licensed provider includes a former licensed provider.

84Lists of disqualified persons

(1)An approved regulator must keep a list of the persons whom it has disqualified under section 56 (that is, from holding a certain position in a licensed legal services provider).

(2)The list kept under subsection (1) must include the following information in relation to each person concerned—

(a)the person’s name,

(b)the—

(i)name of any relevant licensed provider,

(ii)any relevant position held by the person as at the date of the disqualification,

(c)each position from which the person is disqualified,

(d)the date of disqualification and its duration (unlimited or the fixed period),

(e)the reasons for the disqualification.

(3)An approved regulator must keep a list of the persons whom it has—

(a)determined as unfit under section 62 (that is, for being a non-solicitor investor in a licensed provider), or

(b)disqualified under section 65(1) (that is, from having an interest in a licensed provider).

(4)The list kept under subsection (3) must include the following information in relation to each person concerned—

(a)the person’s name,

(b)the name of any relevant licensed provider,

(c)the date of the determination or (as the case may be) disqualification,

(d)the grounds for the determination or (as the case may be) disqualification.

(5)A list kept under this section must not include information relating to a person in respect of whom the determination or (as the case may be) disqualification—

(a)has been reversed on appeal, or

(b)otherwise, no longer applies.

(6)The approved regulator must—

(a)publish the lists kept by it under this section, and

(b)notify the Scottish Ministers of any material alterations made to either of them.

(7)The Scottish Ministers may by regulations—

(a)make further provision about the information to be contained in the lists kept under this section,

(b)prescribe the manner in which those lists are to be kept and published.

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