Section 19 Financial sanctionsI1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 19(1)(a) words in s. 19(1) renumbered as s. 19(1)(a) by Regulation of Legal Services (Scotland) Act 2025 sch. 3 para. 17(2)(a)(i)
s. 19(1)(b) inserted by Regulation of Legal Services (Scotland) Act 2025 sch. 3 para. 17(2)(a)(ii)
s. 19(2) substituted by Regulation of Legal Services (Scotland) Act 2025 sch. 3 para. 17(2)(b)
s. 19(3A)-(3C) inserted by Regulation of Legal Services (Scotland) Act 2025 s. 83
s. 19(6)(7) inserted by Regulation of Legal Services (Scotland) Act 2025 sch. 3 para. 17(2)(c)

(1)

Practice rules made in pursuance of section 18(1)(f) 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 approval under section 7.

(3)

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

(4)

A licensed provider may appeal against a financial penalty (or the amount of a financial penalty) imposed on it 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 it.

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an appeal is made under subsection (4), no part of the penalty requires to be paid before the appeal is determined or withdrawn.

Annotations

Commencement

I1: S. 19 in force at 1.4.2011 by S.S.I. 2011/180, art. 3, Sch.