D
RECOMMENDATIONS TO THE NCC FOR THE ADOPTION OF PROCEDURAL RULES AND
GUIDANCE
Rules
5.
It is proposed that pursuant to Rule 1.IX.4 (in its proposed version), the NCC adopt
procedural rules to govern the determination of disciplinary matters presented to it
(including any applications for the interim suspension of an individual) – to reflect the
recommendations in the Report 7. These rules should be appended to the Rule Book.
6.
7
It is proposed that the NCC’s rules should make provision for:
a.
the establishment of a Legal Panel, the qualification of its members, the length of
appointment to the Panel and terms of reference.
b.
the establishment of a rules sub-committee of the NCC with responsibility for the
drawing up of, and revisions to, the rules and guidelines.
c.
appropriate case management powers of the NCC so as to permit it to deal with
matters flexibly, proportionately and fairly.
d.
the allocation of a member of the Legal Panel to each disciplinary case referred to
the NCC.
e.
the determination of applications (e.g. for an interim suspension) and for the
determination of disciplinary cases referred to it on an urgent or expedited basis –
whether on application by the NEC or Respondent or of the NCC’s own motion.
f.
in cases of urgency, the power to order interim suspension forthwith, subject to the
right of the individual to seek a review of that suspension. The NCC should have the
power to consult with a member of the Legal Panel before determining an
applications in this respect.
g.
the right of the Respondent, in all other cases, to an oral hearing (with legal
representation if he or she desires). The NCC should have the power to convene a
hearing in any event.
h.
the attendance at all disciplinary hearings of a member of the Legal Panel.
i.
all final determinations of disciplinary charges by the NCC - whether by way of a
substantive determination or a decision to dismiss the case pursuant to Rule 1.IX.5
– to be made after consultation with the designated member of the Legal Panel.
j.
a right of review - on procedural and proportionality grounds - in cases where the
determination of the charges laid has resulted in a decision to suspend or to
exclude the individual, such review to be determined by three members of the
Legal Panel. In the event that any ground is upheld, the Panel is to remit the case
to the NCC for a fresh determination as the case requires.
See pages 19 to 20 of the Report.
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