SCHEDULES

Section 8.

SECOND SCHEDULEU.K. The Investigating and Disciplinary Committees

Part IU.K. Constitution of the Committees

1(1)The board by which an investigating committee and a disciplinary committee are set up shall, in consultation with the Council, make rules regulating the membership of each of the committees, and the times and places of the meetings, quorum and mode of summoning members of the disciplinary committee; but, subject to paragraph (b) below, a person shall not be eligible for membership of either committee unless he is a member of the board.

(2)Such rules shall secure that—

(a)no person who acted as a member of the investigating committee with respect to any case shall act as a member of the disciplinary committee with respect to that case; and

(b)where a case against a person who resides and practises the relevant profession in Northern Ireland is before either of the committees, at least one member of that committee at any meeting thereof shall be a member of the board who resides and practises as aforesaid or (where no member of the board satisfies that requirement or no member who satisfies that requirement is available to act on the committee) a registered member of the relevant profession residing and practising as aforesaid and appointed by the board to be a member of the committee for the purposes of the case in question.

(3)Rules under this paragraph shall not come into force until approved by the Privy Council.

Part IIU.K. Procedure of Disciplinary Committees

2(1)For the purposes of any proceedings before a disciplinary committee in England or Wales or Northern Ireland the committee may administer oaths and any party to the proceedings may sue out writs of subpoena ad testificandum and duces tecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.

(2)The provisions of section [F136 of the Supreme Court Act 1981][F2, of section 67 of the Judicature (Northern Ireland) Act 1978] or of the Attendance of Witnesses Act 1854 (which provide special procedures for the issue of such writs so as to be in force throughout the United Kingdom) shall apply in relation to any proceedings before a disciplinary committee in England or Wales or, as the case may be, in Northern Ireland as those provisions apply in relation to causes or matters in the High Court or actions or suits pending in the High Court of Justice in Northern Ireland.

(3)For the purpose of any proceedings before a disciplinary committee in Scotland, the committee may administer oaths and the Court of Session shall on the application of any party to the proceedings have the like power as in any action in that court to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the committee, and for the issue of letters of second diligence against any witness or haver failing to appear after due citation, to grant warrant for the recovery of documents, and to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.

3(1)Subject to the next following sub-paragraph, the Council shall make rules as to the procedure to be followed and the rules of evidence to be observed in proceedings before disciplinary committees, and in particular—

(a)for securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified by the rules, to the person alleged to be liable to have his name removed from the register;

(b)for determining who, in addition to the person aforesaid, shall be a party to the proceedings;

(c)for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the committee;

(d)for enabling any party to the proceedings to be represented by counsel or solicitor or (if the rules so provide and the party so elects) by a person of such other description as may be specified by the rules;

(e)for requiring proceedings before the committee to be held in public except so far as may be provided by the rules;

(f)for requiring, in cases where it is alleged that a person is guilty of infamous conduct in any professional respect, that where the committee judges that the allegation has not been proved it shall record a finding that the person is not guilty of such conduct in respect of the matters to which the allegation relates.

(2)As respects proceedings for the registration of a person whose name was previously removed from a register by direction of a disciplinary committee, the Council shall have power to make rules with respect to all or any of the matters mentioned in the foregoing sub-paragraph, but shall not be required to do so; and separate rules under this paragraph may be made as respects such proceedings.

(3)Before making rules under this paragraph the Council shall consult the boards for the time being established under this Act, and before entering into consultations with the Council under this sub-paragraph a board shall consult such bodies representing members of the relevant profession as the board thinks fit.

(4)Rules under this paragraph shall not come into force until confirmed by order of the Privy Council.

4(1)For the purpose of advising a disciplinary committee on questions of law arising in proceedings before it, there shall in all such proceedings be an assessor to the committee who shall be

[F3(a)a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b)an advocate or solicitor in Scotland of at least 10 years’ standing; or

(c)a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.]

(2)The power of appointing an assessor for a disciplinary committee shall be exercisable by the Council after consultation with the board concerned, but if no assessor appointed by the Council is available to act in any particular proceedings the committee may itself appoint an assessor qualified as aforesaid for those proceedings.

(3)The Lord Chancellor may, by statutory instrument, make rules as to the functions of assessors appointed under this paragraph, and in particular such rules may contain provision for securing—

(a)that where an assessor advises a disciplinary committee on any question of law as to evidence, procedure or any other matters specified by the rules, he shall do so in the presence of every party or person representing a party to the proceedings who appears thereat or, if the advice is tendered while the committee is deliberating in private, that every such party or person as aforesaid shall be informed what advice the assessor has tendered;

(b)that every such party or person as aforesaid shall be informed if in any case the committee does not accept the advice of the assessor on such a question as aforesaid,

and may contain such incidental and supplementary provisions as the Lord Chancellor considers expedient.

(4)Except in the case of an assessor appointed by the committee itself under sub-paragraph (2) above, an assessor may be appointed under this paragraph either generally or for any particular proceedings or class of proceedings, and shall hold and vacate office in accordance with the terms of the instrument under which he is appointed.

(5)The relevant board may pay to an assessor appointed under this paragraph remuneration at such rates as may be determined by the Council with the consent of the Lord Chancellor.