The Hearing Aid Council Investigating and Disciplinary Committee Rules Approval Instrument 1991

SCHEDULE

THE HEARING AID COUNCIL (INVESTIGATING AND DISCIPLINARY COMMITTEES) RULES 1991

The Hearing Aid Council, in exercise of their powers under sections 5(3) and 6(2) of the Hearing Aid Council Act 1968, hereby make the following Rules:–

1.—(1) These Rules may be cited as the Hearing Aid Council (Investigating and Disciplinary Committees) Rules 1991.

(2) The Hearing Aid Council (Investigating and Disciplinary Committees) Rules 1971 are hereby revoked.

2.  In these Rules–

“the Act” means the Hearing Aid Council Act 1968 as amended by the Hearing Aid Council (Amendment) Act 1989 and “the Schedule” means the Schedule to the Act;

“the Investigating Committee” means the Investigating Committee established under section 5 of the Act;

“the Disciplinary Committee” means the Disciplinary Committee established under section 6 of the Act; and

“the register” means the register maintained in accordance with section 2(1)(a) or section 2(1)(b) of the Act, as the case may be.

Investigating Committee

3.—(1) For the purpose of undertaking the preliminary investigation of cases in which it is alleged that a person is liable to have a penalty imposed on him on any grounds specified in section 7 of the Act and in order to decide whether a disciplinary case ought to be referred to the Disciplinary Committee, there shall be a Committee of the Council known as “the Investigating Committee”.

(2) The Investigating Committee shall consist of three members of the Council who shall be nominated by the Chairman of the Council and approved by the Council and who shall be one each of persons qualified for appointment under paragraphs 1(3)(a), (b) and (c) of the Schedule to the Act.

(3) At any meeting of the Investigating Committee such member of the Committee as the Committee may choose shall be Chairman.

(4) The validity of any proceedings of the Investigating Committee shall not be affected by any vacancy among the members thereof or by any defect in the appointment of a member thereof.

(5) Notwithstanding anything in these Rules, a member of the Investigating Committee shall upon vacating office as a member of the Council also cease to be a member of the Investigating Committee.

(6) The quorum of the Investigating Committee shall be two.

(7) In case of an equality of votes in the Investigating Committee, the Chairman shall have a second and casting vote.

(8) A member of the Investigating Committee may at any time by notice in writing addressed to the Chairman of the Council resign his appointment.

Disciplinary Committee

4.—(1) For the purpose of considering and determining disciplinary cases referred to them under section 5 or any other provisions of the Act, there shall be a Committee of the Council known as “the Disciplinary Committee”.

(2) The Disciplinary Committee shall consist of the person who for the time being is the Chairman of the Council and nine other members of the Council: Provided that a person who has acted in relation to a disciplinary case as a member of the Investigating Committee shall not be nominated to act in relation to that case as a member of the Disciplinary Committee.

(3) At any meeting of the Disciplinary Committee the Chairman of the Council, or in his absence such member of the Committee as the Committee may choose, shall be Chairman.

(4) The validity of any proceedings of the Disciplinary Committee shall not be affected by any vacancy among the members thereof or, subject to the proviso to paragraph (2) of this rule, by any defect in the appointment of a member thereof.

(5) Notwithstanding anything in these Rules, a member of the Disciplinary Committee shall upon vacating office as a member of the Council also cease to be a member of the Disciplinary Committee.

(6) The quorum of the Disciplinary Committee shall be five unless the respondent agrees to a smaller number but in any event shall never be less than three.

(7) A member of the Disciplinary Committee may at any time by notice in writing addressed to the Chairman of the Council resign his appointment.

(8) The Disciplinary Committee shall meet at such intervals, times and places as the Chairman of the Council may determine.

(9) Not less than 21 days before the date fixed by the Chairman of the Council for a meeting of the Disciplinary Committee, the Registrar of the Council shall send notice of the date, time and place of the meeting to every member of the Committee, and not less than 7 days before the date of the proposed meeting shall send to every such member an agenda for that meeting which shall include particulars of every disciplinary case due for consideration.

Made by the Council on 10th September 1991.

David Reid

Registrar of the Council