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Bankruptcy and Diligence etc. (Scotland) Act 2007

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This is the original version (as it was originally enacted).

71Referrals to the disciplinary committee

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(1)In dealing with any matter referred to the disciplinary committee under section 67(6), 69(2) or 70(2) of this Act, the committee—

(a)must consider—

(i)any report made to the Commission under section 67(5)(a) of this Act; and

(ii)any other relevant information held by the Commission; and

(b)may, if it considers it appropriate, hold a hearing.

(2)Where the judicial officer to whom a referred matter relates requests a hearing before the disciplinary committee, the committee must hold one.

(3)The disciplinary committee must, when holding a hearing, afford the persons mentioned in subsection (4) below the opportunity to—

(a)make representations (whether orally or in writing); and

(b)lead, or produce, evidence.

(4)Those persons are—

(a)the judicial officer to whom the hearing relates;

(b)where there was an investigation under section 67 of this Act, the person who carried it out; and

(c)any other person the committee considers appropriate.

(5)The disciplinary committee may award expenses in any hearing in favour of or against the judicial officer to whom the hearing relates.

(6)The Commission’s expenses in any hearing include any payments made under section 66(4) and 67(7) of this Act.

(7)Where expenses are awarded under subsection (5) above—

(a)in favour of the judicial officer, the expenses are recoverable by the officer from the Commission; or

(b)against the officer, the expenses are recoverable by the Commission from the officer.

(8)The Commission may make rules in relation to the procedures, including the procedures to be followed during a hearing, of the disciplinary committee.

(9)Any rules made under subsection (8) above must be approved by the Scottish Ministers.

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