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Section 41.

SCHEDULE 6 The Conveyancing Appeal Tribunals

Powers of Tribunals

1 (1) A Tribunal hearing any appeal shall have power to—

(a) investigate the facts on which the decision appealed against was based;

(b) order the production of documents which it considers are relevant to the appeal;

(c) summon witnesses;

(d) consider fresh evidence, including evidence which could have been produced to the Board before it made the decision in question;

(e) admit any evidence which it considers is relevant to the hearing even though it would not be admissible in proceedings before a court.

(2) On determining any appeal, a Tribunal may—

(a) confirm, reverse or vary any decision of the Board which is the subject of the appeal; or

(b) remit the case to the Board with directions as to the action to be taken by the Board.

Procedure of Tribunals

2 (1) The Lord Chancellor may by regulations make provision with respect to the making of appeals to, and the procedure to be followed by, Tribunals.

(2) The regulations may, in particular, make provision—

(a) as to the period within which appeals must be brought;

(b) for the holding of hearings in private in prescribed circumstances;

(c) as to the persons who may appear on behalf of the parties;

(d) for enabling hearings to be conducted even though a member of the Tribunal, other than the Chairman, is absent;

(e) as to the disclosure by the appellant, and others, of documents and the inspection of documents;

(f) requiring persons to attend the proceedings and give evidence;

(g) as to the payment of expenses incurred by persons compelled to attend proceedings by regulations made by virtue of paragraph (f);

(h) authorising the administration of oaths to witnesses;

(i) as to the withdrawal of appeals;

(j) as to costs and expenses incurred by any party to the proceedings; and

(k) authorising preliminary or incidental matters in relation to an appeal to be dealt with by the Chairman of the Tribunal hearing that appeal.

Staff

3 (1) The Lord Chancellor may, with the consent of the Treasury, make such provision as he thinks fit for—

(a) the allocation of staff for any Tribunal;

(b) the remuneration of members of Tribunals and the reimbursement of their expenses;

(c) defraying any reasonable expenses incurred by any Tribunal.

(2) Any sums payable under any provision made by the Lord Chancellor under sub-paragraph (1) shall be paid out of money provided by Parliament.

Section 43(4).

SCHEDULE 7 The Conveyancing Ombudsman Scheme

1 In this Schedule “the scheme” means the “Conveyancing Ombudsman Scheme” established by rules made under section 43(1).

2 The scheme may provide—

(a) for the Conveyancing Ombudsman to appoint his staff; and

(b) for the establishment and functioning of an independent body (whether corporate or unincorporate) to administer the scheme.

3 (1) The scheme may provide for the Conveyancing Ombudsman—

(a) to pay, as regards any of his staff, such remuneration and travelling and other allowances as he may determine with the approval of the Board; and

(b) to pay such pensions, allowances or gratuities to or in respect of any of his staff as may be so determined.

(2) The reference in sub-paragraph (1) to pensions, allowances or gratuities includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Conveyancing Ombudsman’s staff who suffer loss of employment or loss or diminution of emoluments.

4 The jurisdiction of the Conveyancing Ombudsman shall be determined by the scheme.

5 The scheme may provide for the Conveyancing Ombudsman not to have jurisdiction to investigate complaints unless—

(a) the procedure for investigating complaints which is maintained by the authorised practitioner against whom the complaint is made has been exhausted; or

(b) the Conveyancing Ombudsman considers that the circumstances of the case are such as to justify his investigating the complaint before that procedure has been exhausted.

6 The scheme shall require the Conveyancing Ombudsman to investigate any complaint which falls within his jurisdiction and which is properly made to him in accordance with the provisions of the scheme.

7 The scheme may empower the Conveyancing Ombudsman, when investigating any complaint, to investigate the subject matter of the complaint as well as the way in which it has been handled by the authorised practitioner concerned.

8 The scheme shall—

(a) confer on the Conveyancing Ombudsman power to require—

(i) information and documents relevant to any investigation under the scheme to be furnished to him;

(ii) the payment by an authorised practitioner of compensation where loss has been suffered by, or inconvenience or distress has been caused to, any person as a result of any matter in respect of which a complaint made against that practitioner has been investigated under the scheme;

(b) provide for an authorised practitioner against whom a determination has been made by the Conveyancing Ombudsman, on an investigation under the scheme, to be relieved of the obligation to comply with that determination on publishing, in such manner as may be required by the scheme, details of the determination and of the practitioner’s reasons for failing to comply with it.

9 The scheme may provide that compensation which the Conveyancing Ombudsman may require to be paid by virtue of any provision made under paragraph 8(a)(ii) is not to exceed a specified amount.

10 Subject to paragraphs 11 and 12, a determination of the Conveyancing Ombudsman under the scheme which is, by virtue of the complainant’s acceptance of it, binding on the authorised practitioner concerned shall be final and shall not be questioned in any court of law.

11 Paragraph 10 does not apply where the authorised practitioner concerned is, by provisions of the scheme made by virtue of paragraph 8(b), relieved of the obligation to comply with the Conveyancing Ombudsman’s determination.

12 Where a determination of the Conveyancing Ombudsman is binding on an authorised practitioner, the Conveyancing Ombudsman shall, at the request of that practitioner, state a case for the opinion of the High Court on any question of law.

13 Where a case is so stated the High Court may direct the Conveyancing Ombudsman to reconsider the complaint.

14 A decision of the High Court under paragraph 13 shall be treated as a judgment of the High Court within the meaning of section 16 of the [1981 c. 54.] Supreme Court Act 1981 (jurisdiction of Court of Appeal to hear and determine appeals).

15 No appeal shall lie from any decision of the High Court under paragraph 13 without the leave of the Court of Appeal.

16 Nothing in this Schedule is to be taken as prejudicing the generality of the power to make rules under section 43.