Chakrabarti inquiry | Page 35

APPENDIX KEY RECOMMENDATIONS ON RULE CHANGES TO THE RULE BOOK ( 2016 )
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CHAPTER 2 : MEMBERSHIP RULES 1 . Rule 2 . I . 8 :
“ 8 . No member of the Party shall act in any way which is prejudicial or grossly detrimental to the Party engage in conduct which in the opinion of the NEC is prejudicial , or in any act which in the opinion of the NEC is grossly detrimental to the Party 1 . Any dispute as to whether a member is in breach of the provisions of this sub-clause shall be determined by the NCC in accordance with Chapter I Clause IX above and the disciplinary rules and guidelines in Chapter 6 below . Where appropriate the NCC shall have regard to involvement in the financial support for the organisation and / or the activities of any organisation declared ineligible for affiliation to the Party under Chapter 1 . II . 5 or 3 . C above ; or to the candidature of the members in opposition to an officially endorsed Labour Party candidate or the support for such candidature . The NCC shall not have regard to the mere holding or expression of beliefs and opinions , provided they are consistent with the Party ’ s Aims and Values as reflected in Clause 1 . IV . 1 and 1 . IV . B and C 2 .”
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CHAPTER 6 : DISCIPLINARY RULES 2 . Rules 6 . I . 1 to 6 . I . 4 :
“ 1 . The NEC shall take such disciplinary measures as it deems necessary to ensure that all Party members and officers conform to the constitution , rules and standing orders of the Party in accordance with the following provisions . Such powers shall include :
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Any complaint or allegation made of breach of the constitution , rules or standing orders of the Party by an individual member or members of the Party or by a group member or members may be made in writing to the General Secretary or otherwise raised by the General Secretary of his own motion . Receipt of a complaint or allegation will trigger the complaints procedure and the procedural guidelines of the NEC . The content of the complaints procedure , procedural guidelines and their application by the NEC , General Secretary and other national offers are
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This is to simply and rationalise this rule . In particular , the qualification , “ in the opinion of the NEC ” is not workable in circumstances where it is the NCC that is to determine whether a member has acted in breach of this rule ( see Rule 1 . IX . 2 ; and Rule 2 . I . 8 - in its present and proposed versions ); further , the NEC is separately responsible for the laying of disciplinary charges before the NCC ( Rule 6 . I . 1 – in its present and proposed versions ).
Cited at page 7 of the Report . For the relevant recommendation see page 14 of the Report .
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