to reflect and observe the principles of natural justice and
3
proportionality .
BA.
In relation to any such complaint or allegation, the NEC may:
i.
upon consideration of a report submitted to it by the General
Secretary or other national officer following any investigation by
the General Secretary or other national officer, instruct the
General Secretary or other national officer to formulate charges
against the individual or individuals concerned where it is of the
view that a prima facie case of breach or breaches of a provision
or provisions of the constitution, rules or standing orders of the
Party has been made out and present such charges to the NCC
for determination in accordance with its rules and guidelines.
ii.
pending the outcome of any investigation by the General
Secretary or other national officer or any subsequent
determination of charges by the NCC, apply to the NCC for the
suspension of that individual or individuals from office or
representation of the Party notwithstanding the fact that the
individual concerned has been or may be eligible to be selected
as a candidate in any election or by-election, such application to
be determined by the NCC in accordance with its rules and
guidelines.
pending the final outcome of any investigation and charges (if any),
suspend that individual or individuals from office or representation of
the Party notwithstanding the fact that the individual concerned has
been or may be eligible to be selected as a candidate in any election or
by-election. The General Secretary or other national officer shall
investigate and report to the NEC on such investigation. Upon such
report being submitted, the NEC may instruct the General Secretary or
other national officer to formulate charges against the individual or
individuals concerned and present such charges to the NCC for
determination in accordance with their rules.”
CB.
In relation to any alleged breach of Labour group rules and standing
orders by a group member or members, the NEC may:
i.
3
upon consideration of a report submitted to it by the General
Secretary or other national officer following any investigation by
the General Secretary or other national officer, instruct the
General Secretary or other national officer to formulate charges
against the individual or individuals concerned where it is of the
view that a prima facie case of breach or breaches of a provision
or provisions of the constitution, rules or standing orders of the
Party has been made out and present such charges to the NCC
for determination in accordance with its rules and guidelines.
See pages 16 to 19 of the Report. It is proposed that Advice Notes issued by the NEC are reviewed and revised so as to set
out clearly and in accordance with the principles of natural justice and proportionality the way in which the NEC, General
Secretary and any other national officer will exercise their disciplinary powers under Chapter 6 in accordance with the
recommendations set out in the Report (at pages 16 to 19) and the accompanying proposed rule changes set out in relation
to Clause 1 of Chapter 6.
ii