Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

8 Disqualification of persons concerned in the management or control of recognised bodies. S

(1) A person who—

(a) has been convicted of an offence involving dishonesty;

(b) is an undischarged bankrupt;

(c) has been removed, under section 7 of this Act, from being concerned in the management or control of any body; or

(d) is subject to a disqualification order [F1 or disqualification undertaking]under the M1 Company Directors Disqualification Act 1986 [F1 or to a disqualification order under Part II of the M2 Companies (Northern Ireland) Order 1989] [F2 or to a disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002],

shall, subject to the provisions of this section, be disqualified from being concerned with the management or control of a recognised body.

(2) A person shall not be disqualified under subsection (1) above if—

(a) the conviction mentioned in that subsection is spent by virtue of the M3 Rehabilitation of Offenders Act 1974; or

(b) the Lord Advocate has thought fit to grant in writing a waiver of that disqualification in respect of that person,

but the Lord Advocate shall not grant a waiver where to do so would prejudice the operation of the M4 Company Directors Disqualification Act 1986.

(3) A person who is concerned with the management or control of a recognised body whilst disqualified by virtue of this section shall be guilty of an offence and liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both; and

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.

(4) The acts, in relation to the management or control of such a body, of such a person as is mentioned in subsection (1) above shall not be invalid only by reason of his disqualification under that subsection.

(5) Proceedings for an offence under subsection (3) above shall not be commenced after the end of the period of 3 years beginning with the day on which the offence was committed but, subject to that, may be commenced at any time within 6 months from the date on which evidence sufficient in the opinion of the procurator fiscal to warrant proceedings came to his knowledge; and a certificate of the procurator fiscal as to the date on which such evidence came to his knowledge shall be conclusive evidence of that fact.

(6) In this section, “undischarged bankrupt” means a person who has had his estate sequestrated, been adjudged bankrupt or has granted a trust deed for or entered into an arrangement with his creditors and has not been discharged under or by virtue of—

(a) section 54 or section 75(4) of the M5 Bankruptcy (Scotland) Act 1985;

(b) an order under paragraph 11 of Schedule 4 to that Act of 1985;

(c) section 279 or section 280 of the M6 Insolvency Act 1986; or

(d) any other enactment or rule of law subsisting at the time of his discharge

Textual Amendments

F1 Words in s. 8(1)(d) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. II para. 17(a)(b); S.I. 2001/766, art. 2(1)(a) (subject to art. 3)

F2 Words in s. 8(1)(d) inserted (with application in accordance with art. 1(2) of the amending S.I.) by Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004 (S.I. 2004/1941), art. 1(2), Sch. para. 4

Commencement Information

I1 S. 8 wholly in force at 27.7.1992 see s. 75(2) and S.I. 1992/1599, art. 5, Sch. 3.

Marginal Citations

M1 1986 c. 46.

M2 S.I. 1989/2404 (N.I. 18).

M3 1974 c. 53.

M4 1986 c. 46.

M5 1985 c. 66.

M6 1986 c. 45.