8Misconduct defined in relation to conveyancing practitioner and incorporated conveyancing firm

1. In this Act, misconduct, in relation to a conveyancing practitioner or an incorporated conveyancing firm,—

2. means conduct of the conveyancing practitioner or incorporated conveyancing firm that occurs at a time when he or she or it is providing regulated services and is conduct—
   1. that would reasonably be regarded by conveyancing practitioners of good standing as disgraceful or dishonourable; or
   2. that consists of a wilful or reckless contravention of any provision of this Act or of any regulations or practice rules made under this Act that apply to the conveyancing practitioner or incorporated conveyancing firm or of any other Act relating to the provision of regulated services; or
   3. that consists of a wilful or reckless failure, on the part of the conveyancing practitioner, or, in the case of an incorporated conveyancing firm, on the part of a conveyancing practitioner who is actively involved in the provision by the incorporated conveyancing firm of regulated services, to comply with a condition or restriction to which a practising certificate held by the conveyancing practitioner, or the conveyancing practitioner so actively involved, is subject; or
   4. that consists of the charging of grossly excessive costs for conveyancing carried out by the conveyancing practitioner or incorporated conveyancing firm; and
3. includes—
   1. conduct of the conveyancing practitioner or incorporated conveyancing firm that is misconduct under subsection (2) or subsection (3); and
   2. conduct by the conveyancing practitioner or incorporated conveyancing firm which is unconnected with the provision of regulated services by the conveyancing practitioner or incorporated conveyancing firm but which would justify a finding that the conveyancing practitioner or incorporated conveyancing firm is not a fit and proper person or is otherwise unsuited to engage in practice as a conveyancing practitioner or an incorporated conveyancing firm.

4. A conveyancing practitioner or incorporated conveyancing firm is guilty of misconduct if, at a time when he or she or it is providing regulated services, and without the consent of the High Court or of the Disciplinary Tribunal, the conveyancing practitioner or incorporated conveyancing firm knowingly employs, or permits to act as a clerk or otherwise, in relation to the provision of regulated services, any person who, to the knowledge of the conveyancing practitioner or incorporated conveyancing firm,—

5. is under suspension from practice as a barrister or as a solicitor or as a conveyancing practitioner; or
6. has had his or her name struck off the roll of barristers and solicitors of the High Court; or
7. has had his or her registration as a conveyancing practitioner cancelled by an order made under this Act; or
8. is disqualified, by an order made under section 242(1)(h), from employment in connection with a practitioner's or incorporated firm's practice.

9. A person is guilty of misconduct if that person, being a conveyancing practitioner or an incorporated conveyancing firm, shares with any person other than another conveyancing practitioner or incorporated conveyancing firm, the income from any business involving the provision of regulated services to the public.

10. Despite subsection (3), neither an incorporated conveyancing firm nor a conveyancing practitioner who is actively involved in the provision by an incorporated conveyancing firm of regulated services is guilty of misconduct under that subsection by reason only of the incorporated conveyancing firm making a distribution to shareholders of that firm.