239Costs of investigation

239 Costs of investigation (1) The costs of an investigation are payable out of the fidelity fund. (2) However, the law society council may decide that all or part of the costs of carrying out the investigation is payable to the law society council, and decide the amount payable, if— (a) an investigator states in the investigator’s report that there is evidence that a breach of this Act has been committed or that a default (within the meaning of part 3.4 (Fidelity cover)) has happened in relation to the law practice whose affairs are under investigation; and

(b) the law society council is satisfied that the breach or default is intentional or of a substantial nature. (3) An amount decided by the law society council under subsection (2) is a debt owing to the law society council by the law practice whose affairs are under investigation. (4) A person may appeal to the Supreme Court against a decision of the law society council under subsection (2).