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Change 1
As published
44B Appeals relating to financial penalties
(1) A person on whom a financial penalty has been imposed under section 43B may, before the end of the period of 28 days beginning with the date on which notification of the penalty was served under section 43B(10), appeal to the relevant court against the imposition of the penalty, the amount of the penalty or the period within which the penalty is to be paid.
(2) A body corporate on which a financial penalty has been imposed under section 44 may, before the end of the period of 28 days beginning with the date on which notification of the penalty was served under section 44(9), appeal to the relevant court against the imposition of the penalty, the amount of the penalty or the period within which the penalty is to be paid.
(3) Where—
(a) any notification required to be served on a person by section 43B(10) or 44(9) is given by sending it to that person by post, and
(b) the registrar is satisfied, on the application of that person, that that person did not receive the notification within the period of 14 days beginning with the day on which the Professional Conduct Committee gave the determination to which the notification relates,
the registrar may, if he thinks fit, by authorisation in writing extend the period of time within which an appeal under this section may be brought.
(4) In subsections (1) and (2) “the relevant court”—
(a) where the principal office of the body corporate is in Scotland, means the Court of Session;
(b) where the principal office of the body corporate is in Northern Ireland, means the High Court in Northern Ireland; and
(c) where the principal office of the body corporate is in any other place, means the High Court in England and Wales.
(5) In subsection (4)—
(a) where a financial penalty has been imposed on a body corporate, “the body corporate” means that body; and
(b) where a financial penalty has been imposed on a director or former director of a body corporate, “the body corporate” means the body whose failure to comply with a relevant requirement (within the meaning of section 43B) led to the imposition of the financial penalty.
(6) Subsections (3) and (4) of section 29 apply to appeals under this section as they apply to appeals under that section with the following modifications—
(a) in subsection (3)(c) and (d), omit references to the Professional Performance Committee and the Health Committee; and
(b) in subsection (3)(d), for “section 24, 27B, 27C or 28” substitute “section 43B or 44”.
Your change, as a redline
44B Appeals relating to financial penalties
(1) A person on whom a financial penalty has been imposed under section 43B may, before the end of the period of 28 days beginning with the date on which notification of the penalty was served under section 43B(10), appeal to the relevant court against the imposition of the penalty, the amount of the penalty or the period within which the penalty is to be paid.
(2) A body corporate on which a financial penalty has been imposed under section 44 may, before the end of the period of 28 days beginning with the date on which notification of the penalty was served under section 44(9), appeal to the relevant court against the imposition of the penalty, the amount of the penalty or the period within which the penalty is to be paid.
(3) Where—
(a) any notification required to be served on a person by section 43B(10) or 44(9) is given by sending it to that person by post, and
(b) the registrar is satisfied, on the application of that person, that that person did not receive the notification within the period of 14 days beginning with the day on which the Professional Conduct Committee gave the determination to which the notification relates,
the registrar may, if he thinks fit, by authorisation in writing extend the period of time within which an appeal under this section may be brought.
(4) In subsections (1) and (2) “the relevant court”—
(a) where the principal office of the body corporate is in Scotland, means the Court of Session;
(b) where the principal office of the body corporate is in Northern Ireland, means the High Court in Northern Ireland; and
(c) where the principal office of the body corporate is in any other place, means the High Court in England and Wales.
(5) In subsection (4)—
(a) where a financial penalty has been imposed on a body corporate, “the body corporate” means that body; and
(b) where a financial penalty has been imposed on a director or former director of a body corporate, “the body corporate” means the body whose failure to comply with a relevant requirement (within the meaning of section 43B) led to the imposition of the financial penalty.
(6) Subsections (3) and (4) of section 29 apply to appeals under this section as they apply to appeals under that section with the following modifications—
(a) in subsection (3)(c) and (d), omit references to the Professional Performance Committee and the Health Committee; and
(b) in subsection (3)(d), for “section 24, 27B, 27C or 28” substitute “section 43B or 44”.
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