Quick Site Search
Toolbar navigation
You may also be interested in:
In this site
- Professional standards directory
- Professional Conduct Standards
- Disciplinary schemes
- Interpretation Service
External sites
Sub navigation
Regulations for nominations in the case of illness, absence or any other reason
Disciplinary Board
(Version 1.0: January 2005)
Introductory
| (i) | The regulations are made under rule 2.43 of the disciplinary schemes, which is as follows: | |
| "2.43: | If, by reason of illness or absence or for any other reason, any person appointed to any body referred to in Part 2 of this Scheme is unable to serve at any time, another person shall be nominated to act in that member's place in accordance with regulations to be made by the Disciplinary Board." | |
| (ii) | The Board's objective in preparing these regulations is to seek to achieve consistency and fairness in the operation of the disciplinary schemes. They will be published on the profession's website, to assist the transparency of the procedures, and printed copies will be made available on request to inquirers. | |
| (iii) | The regulations will be developed in the light of experience of cases under these schemes, which were introduced on 1 January 2004. The Board will review them regularly and the first scheduled review will be after a year of operation; earlier review will take place if need arises. | |
Regulations
| 1. | If, by reason of illness or absence or for any other reason, any person appointed to any body referred to in Part 2 of this Scheme is unable to serve at any time, another person to act in that member's place shall be appointed, as soon as reasonably practicable, in the same manner as the appointment of the person who is being replaced. | |
| 2. | In the interim, the Chairman of the Disciplinary Appointments Committee, or any person appointed by the Chairman, may make a temporary nomination for the purpose. | |
| 3. | Conflict of interest and bias: | |
| (a) | Any replacement member must not be currently appointed, nor have previously been appointed, under Part 2 of the disciplinary schemes in respect of the same Complaint, Case Report or Charge to be considered, or the subject matter of it. | |
| (b) | Any replacement members-designate must be asked if they are aware of any conflict which would preclude them from carrying out the role concerned, and must be allowed the time necessary to carry out a conflict search. | |
| (c) | The test for conflict of interest and bias is this: "The question is whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possiblity that the [Tribunal] was biased." Lord Bingham in Porter v Magill [2002] 1 All ER 465. |
|
| (d) | Knowledge of the Respondent: in a small profession the question may arise whether personal knowledge of the Respondent would disqualify a replacement member from carrying out the role concerned. The test to be applied is whether it would be possible to proceed fairly and justly having regard to the replacement member's background knowledge. (Woolf, J in R v Frankland Prison Board of Visitors ex parte Lewis [1986] 1 All ER 272, 277. In each individual case it must be decided whether the familiarity in question is of such a a nature and degree as to indicate a lack of impartiality. | |
January 2005
Page updated: 21 June 2008
Contact: Web editor
Contact: Web editor