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Administration of Justice Act 1985

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[F114C(1)A person may appeal against—E+W

(a)a decision by the Society to rebuke that person under paragraph 14B(2)(a) if a decision is also made to publish details of the rebuke;

(b)a decision by the Society to impose a penalty on that person under paragraph 14B(2)(b) or the amount of that penalty;

(c)a decision by the Society to publish under paragraph 14B(3) details of any action taken against that person under paragraph 14B(2)(a) or (b).

(2)Subsections (9)(b), (10)(a) and (b), (11) and (12) of section 46 of the 1974 Act (Tribunal rules about procedure for hearings etc) apply in relation to appeals under this paragraph as they apply in relation to applications or complaints, except that subsection (11) of that section is to be read as if for “the applicant” to “application)” there were substituted any party to the appeal.

(3)Rules under section 46(9)(b) of the 1974 Act may, in particular, make provision about the period during which an appeal under this paragraph may be made.

(4)On an appeal under this paragraph, the Tribunal has power to make an order which—

(a)affirms the decision of the Society;

(b)revokes the decision of the Society;

(c)in the case of a penalty imposed under paragraph 14B(2)(b), varies the amount of the penalty;

(d)in the case of a recognised body, contains provision for any of the matters mentioned in paragraph 18(2);

(e)in the case of a manager or employee of a recognised body, contains provision for any of the matters mentioned in paragraph 18A(2);

(f)makes such provision as the Tribunal thinks fit as to payment of costs.

(5)Where, by virtue of sub-paragraph (4)(e), an order contains provision for any of the matters mentioned in sub-paragraph (2)(c) of paragraph 18A, sub-paragraphs (5) and (6) of that paragraph apply as if the order had been made under sub-paragraph (2)(c) of that paragraph.

(6)An appeal from the Tribunal shall lie to the High Court, at the instance of the Society or the person in respect of whom the order of the Tribunal was made.

(7)The High Court shall have power to make such order on an appeal under this paragraph as it may think fit.

(8)Any decision of the High Court on an appeal under this section shall be final.

(9)This paragraph is without prejudice to any power conferred on the Tribunal in connection with an application or complaint made to it.]

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Amendments (Textual)

F1Sch. 2 paras. 14B, 14C and preceding cross-heading inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 103 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii) (subject to art. 4)

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