Part II

Legal Services

Conveyancing and executry services

Unsatisfactory professional conduct: powers of court on appeal
20E
1
On an appeal under section 20D, the court may—
a
fine the practitioner an amount not exceeding £2000;
b
where it considers that the complainer has been directly affected by the conduct, direct the practitioner to pay compensation of such amount, not exceeding £5,000, as it may specify to the complainer for loss, inconvenience or distress resulting from the conduct;
c
find the practitioner liable in any expenses which may be involved in the proceedings before it.
2
A decision of the court under subsection (1) shall be final.
3
The Scottish Ministers may by order made by statutory instrument—
a
amend subsection (1)(a) by substituting for the amount for the time being specified in that subsection such other amount as appears to them to be justified by a change in the value of money;
b
after consulting the Council and such groups of persons representing consumer interests as they consider appropriate, amend subsection (1)(b) by substituting for the amount for the time being specified in that subsection such other amount as they consider appropriate.
4
A statutory instrument containing an order under—
a
subsection (3)(a) is subject to annulment in pursuance of a resolution of the Scottish Parliament;
b
subsection (3)(b) is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.
Ss. 20B-20E inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 54(3), 82(2) (with s. 77); S.S.I. 2008/311, art. 2(c)