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.