15(1)Section 26 (proceedings in disciplinary cases) is amended as follows.E+W
(2)In subsection (1) after “allegation” insert “ referred to them under section 24(1A)(b) ”.
(3)In subsection (2)—
(a)in paragraph (e), for “£3,000” substitute “ such amount as may be prescribed by rules made by the Council for the purposes of this paragraph ”,
(b)for paragraph (f) substitute—
“(f)an order reprimanding the licensed conveyancer.”, and
(c)omit paragraph (g).
(4)After subsection (2) insert—
“(2A)In relation to proceedings before the Discipline and Appeals Committee under this section, the Committee may make such order as they consider fit as to the payment of costs by—
(a)the Council;
(b)the licensed conveyancer against whom the proceedings were brought;
(c)if the person on whose allegation the proceedings were brought was heard (in person, or through a representative) by the Committee in the course of the proceedings, that person.
(2B)In subsection (2A), for the purposes of paragraph (a) or (b) of that subsection, the reference to costs includes costs incurred in connection with a preliminary investigation of the allegation under section 24(1A).”
(5)Omit subsections (5) and (6).
(6)After subsection (7) insert—
“(7A)Where the Discipline and Appeals Committee make an order under subsection (2A), a person listed in paragraphs (a) to (c) of that subsection may appeal to the High Court, and on any such appeal the High Court may make such order as it thinks fit.”
(7)In subsection (8), after “(7)” insert “ or (7A) ”.
Commencement Information
I1Sch. 17 para. 15 in force at 31.3.2009 by S.I. 2009/503, art. 2(c)(i)