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Legal Services (Scotland) Act 2010

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This is the original version (as it was originally enacted).

84Lists of disqualified persons
This section has no associated Explanatory Notes

(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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