Commentary on Sections Part 2 – Regulation of Licensed Legal Services Registers and lists Section 84 – Lists of disqualified persons
181.Section 84 provides that an approved regulator must keep and publish lists of the persons it has disqualified from holding a position in a licensed provider (see section 56) and of those it has determined to be unfit to be an investor in a licensed provider (see section 62) or disqualified from being an investor (see section 65). These provisions may, for example, assist in ensuring that disqualified persons do not seek similar positions in businesses regulated by another approved regulator. Subsections (2) and (4) list the information to be recorded in those lists. Subsection (5) provides that the lists must not contain information relating to persons who have had their determination or disqualification reversed on appeal or in respect of whom the determination or disqualification no longer applies. The Scottish Ministers must be notified of any alterations made to either list (subsection (6)(b)).
182.Subsection (7) gives the Scottish Minsters a regulation-making power to make further provision regarding the information to be contained in the lists and to prescribe how these are kept and published.