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.