Part 3Confirmation and will writing services

Chapter 2Will writing services

Regulation of will writers

105Financial sanctions

1

Rules included in a regulatory scheme in pursuance of section 104(2)(d)(ii) may provide for the imposition of a financial penalty.

2

A financial penalty provided for by virtue of subsection (1) must not exceed the maximum amount permitted by the Scottish Ministers when giving their certification under section 103.

3

A financial penalty imposed by virtue of this section is payable to the Scottish Ministers (but the approving body may collect it on their behalf).

4

A will writer may appeal against a financial penalty (or the amount of a financial penalty) imposed on the writer by virtue of this section—

a

to the sheriff,

b

within the period of 3 months beginning with the date on which the penalty is intimated to the writer.

5

Where an appeal is made under subsection (4), no part of the penalty requires to be paid before the appeal is determined or withdrawn.