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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

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Change 1

What to do with it
As published

20D Unsatisfactory professional conduct: appeal from decisions of Tribunal

(1) A practitioner in respect of whom a decision has been made by the Tribunal under section 20B(1), (2), (3) or (4) may, before the expiry of the period of 21 days beginning with the day on which the decision is intimated to him, appeal to the court against the decision. (2) A complainer may, before the expiry of the period of 21 days beginning with the day on which a decision by the Tribunal under section 20B to which this subsection applies is intimated to him, appeal to the court against the decision. (3) Subsection (2) applies to the following decisions of the Tribunal under section 20B— (a) a decision under subsection (1)(a) quashing the Council's determination upholding the complaint; (b) a decision under subsection (1)(c) quashing or varying a direction by the Council that the practitioner pay compensation; (c) a decision under subsection (1)(f) directing the practitioner to pay compensation; (d) a decision under subsection (2)(b) not to direct the practitioner to pay compensation; (e) a decision under subsection (2)(c) confirming the Council's decision not to uphold the complaint; (f) a decision under subsection (3) confirming the Council's decision not to direct the practitioner to pay compensation; (g) a decision under subsection (4) quashing the Council's direction that the practitioner pay compensation or varying the amount of compensation directed to be paid. (4) On an appeal under subsection (1) or (2), the court may give such directions in the matter as it thinks fit, including directions as to the expenses of the proceedings before the court and as to any order by the Tribunal relating to expenses. (5) A decision of the court under subsection (4) shall be final.

Your change, as a redline

20D Unsatisfactory professional conduct: appeal from decisions of Tribunal

(1) A practitioner in respect of whom a decision has been made by the Tribunal under section 20B(1), (2), (3) or (4) may, before the expiry of the period of 21 days beginning with the day on which the decision is intimated to him, appeal to the court against the decision. (2) A complainer may, before the expiry of the period of 21 days beginning with the day on which a decision by the Tribunal under section 20B to which this subsection applies is intimated to him, appeal to the court against the decision. (3) Subsection (2) applies to the following decisions of the Tribunal under section 20B— (a) a decision under subsection (1)(a) quashing the Council's determination upholding the complaint; (b) a decision under subsection (1)(c) quashing or varying a direction by the Council that the practitioner pay compensation; (c) a decision under subsection (1)(f) directing the practitioner to pay compensation; (d) a decision under subsection (2)(b) not to direct the practitioner to pay compensation; (e) a decision under subsection (2)(c) confirming the Council's decision not to uphold the complaint; (f) a decision under subsection (3) confirming the Council's decision not to direct the practitioner to pay compensation; (g) a decision under subsection (4) quashing the Council's direction that the practitioner pay compensation or varying the amount of compensation directed to be paid. (4) On an appeal under subsection (1) or (2), the court may give such directions in the matter as it thinks fit, including directions as to the expenses of the proceedings before the court and as to any order by the Tribunal relating to expenses. (5) A decision of the court under subsection (4) shall be final.

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