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This is the original version (as it was originally enacted).

72Disciplinary committee’s powers

This section has no associated Explanatory Notes

(1)This section applies where, after dealing with a matter referred to the disciplinary committee under section 67(6), 69(2) or 70(2) of this Act, the committee is satisfied that it is appropriate to take further action under this section.

(2)Where the disciplinary committee is satisfied that—

(a)the judicial officer is guilty of misconduct; or

(b)the officer has admitted misconduct under section 67(4)(a) of this Act,

the committee may make one or more of the orders mentioned in subsection (5) below.

(3)Where the matter referred to the disciplinary committee is one to which section 70 of this Act applies, the committee may make an order under paragraph (a) or (c) of subsection (5) below.

(4)Where the judicial officer has been convicted of an offence, the disciplinary committee may make an order under paragraph (a), (b) or (c) of subsection (5) below.

(5)Those orders are—

(a)an order—

(i)suspending the judicial officer from practice for a period specified in the order; or

(ii)recommending that the Lord President of the Court of Session deprives the officer of office;

(b)an order censuring the officer;

(c)an order restricting—

(i)the functions which the officer may exercise; or

(ii)the activities which the officer may undertake,

for such period as the committee considers appropriate;

(d)an order imposing a fine on the officer not exceeding level 4 on the standard scale;

(e)if the misconduct consists of or includes the charging of excessive fees or outlays, an order requiring the officer to repay so much of those fees or outlays as is excessive together with such interest as the disciplinary committee considers appropriate.

(6)Where a judicial officer fails to comply with an order under subsection (5)(d) above the disciplinary committee may, if it has not already done so, make an order—

(a)suspending the officer from practice for a period specified in the order; or

(b)recommending that the Lord President of the Court of Session deprives the officer of office.

(7)The disciplinary committee must send a copy of any decision it makes under this section to the judicial officer to whom that decision relates.

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