SCHEDULES
SCHEDULE 6Bodies Recognised under s.32: Supplementary Provisions
Disciplinary control of recognised bodies
4
1
Where on the hearing of any allegation the Discipline and Appeals Committee are satisfied that a recognised body—
a
has been convicted as mentioned in sub-paragraph (i) of paragraph 3(1)(a); or
b
has failed to comply with any such rules as are mentioned in sub-paragraph (ii) of that paragraph,
the Committee may, if they think fit, make one or more of the orders referred to in sub-paragraph (2).
2
Those orders are—
a
an order revoking the recognition under section 32 of the body to which the allegation relates ;
b
an order directing the payment by that body of a penalty not exceeding £3,000, to be forfeited to Her Majesty ;
c
an order requiring that body to pay the costs incurred in bringing against it the proceedings before the Committee or a contribution towards those costs, being a contribution of such amount as the Committee consider reasonable.
3
Where, on the hearing of any allegation or complaint, it appears to the Committee that the conveyancing services provided by a recognised body in connection with any matter in which it had been instructed by a client were in any respect not of the quality that could reasonably have been expected of it as a recognised body the Committee may, if they think fit—
a
determine that the fees to which the body shall be entitled in respect of those services shall be limited to such amount as may be specified in their determination; and
b
by order direct it to comply with such one or more of the following requirements as appear to them to be necessary in order to give effect to their determination, namely—
i
a requirement to refund the whole or part of any amount already paid by or on behalf of the client in respect of the body's fees in respect of those services;
ii
a requirement to remit the whole or part of those fees;
iii
a requirement to waive, whether wholly or to any specified extent, the right to recover those fees.
4
Subsections (5) and (6) of section 26 shall have effect in relation to the sum specified in sub-paragraph (2)(b) as they have effect in relation to the sum specified in subsection (2)(e) of that section.