Personal Insolvency Act 2012
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Appeal to High Court against determination of Complaints Committee. |
183.— (1) A personal insolvency practitioner the subject of a determination under section 182 (other than subsection (12) of that section) by the Complaints Committee— | |
(a) that the personal insolvency practitioner concerned has committed improper conduct, and | ||
(b) that a minor sanction be imposed in respect of improper conduct, | ||
may, not later than 30 days from the date the notice under section 182 (13) was issued to the personal insolvency practitioner, appeal to the High Court against the decision. | ||
(2) The High Court may, on the hearing of an appeal under subsection (1) by a personal insolvency practitioner, consider any evidence adduced or argument made, whether or not adduced or made to an inspector or the Complaints Committee. | ||
(3) Subject to subsection (4), the High Court may, on the hearing of an appeal under subsection (1) by a personal insolvency practitioner— | ||
(a) (i) confirm the decision the subject of the appeal, | ||
(ii) determine that the conduct concerned does not constitute improper conduct, or | ||
(iii) confirm the determination that the conduct concerned does constitute improper conduct and impose a different sanction on the personal insolvency practitioner, | ||
and | ||
(b) make such order as to costs as it deems appropriate in respect of the appeal. | ||
(4) The High Court shall, in considering an appropriate sanction, take into consideration the matters referred to in section 184 . |