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Amendment of section 41 of Act of 1985
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15. Section 41 of the Act of 1985 is amended—
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(a) in subsection (1) —
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(i) by the substitution of “Subject to subsection (1A), the Council” for “The Council”, and
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(ii) by the insertion of “decide to” after “thinks fit,”,
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(b) by the insertion of the following subsection after subsection (1):
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“(1A) A decision under subsection (1) to advise, admonish or censure a person shall not take effect unless—
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(a) the decision is confirmed by the High Court on an application under subsection (4), or
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(b) the 21 days referred to in subsection (4) within which the person may apply to the High Court for the cancellation of the decision expires without the person making such application.”,
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and
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(c) by the insertion of the following subsections after subsection (2):
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“(3) On making a decision to exercise a power under subsection (1), the Council shall forthwith send to the person to whom the decision relates a notice in writing stating the decision, the date on which the decision was made and the reasons for the decision.
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(4) A person to whom a decision under this section relates may, not later than 21 days after the date on which the person was given notice of the decision, apply to the High Court for the cancellation of the decision.
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(5) The High Court, on the hearing of an application under subsection (4) made by a person in relation to a decision under this section, may—
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(a) declare that it was proper for the Council to make the decision,
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(b) cancel the decision, or
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(c) cancel the decision and—
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(i) direct the Council to make a new decision, or
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(ii) give such other directions to the Council as the Court thinks proper.
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(6) The High Court may direct how the costs of the application are to be borne.”.
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