4.1 Chairperson of the Disciplinary Committee shall appoint a Disciplinary Panel comprising of at least three members of the Disciplinary Sub-Committee the majority of whom shall be lay members.
4.2 The Clerk to the Disciplinary Panel shall, as soon as possible, inform the person against whom the allegation is made that the matter will be formally considered by the Disciplinary Panel. The person shall be informed of the time, date and place of the disciplinary hearing (giving at least seven clear days notice), the allegation that will be considered (together with supporting documentation where appropriate) and the fact that the person can bring a representative and any witnesses that the person considers appropriate to the hearing.
4.3 The Disciplinary Panel may appoint a solicitor to sit with it for the purpose of advising the Disciplinary Panel as to how it shall carry out its duties. The Disciplinary Panel may also appoint up to two other advisors with special expertise in the matters under consideration. The solicitor and these advisors shall act in an advisory capacity only.
4.4 The Chairperson of the Complaints Sub-Committee shall appoint a member of the Complaints Panel or the Complaints Sub-Committee to lay before the Disciplinary Panel such information as is available to it in relation to the allegation under consideration.
4.5 The person against whom the allegation has been made shall be given a full and fair opportunity of being heard by the Disciplinary Panel and of calling witnesses and, where possible, of cross examining any other witnesses giving evidence before the Disciplinary Panel.
4.6 Written and oral evidence may be admitted by the Disciplinary Panel. The Disciplinary Panel shall be entitled, but not obliged, to take account of any findings of any court of law or other disciplinary body which it considers is relevant to the allegation laid before it.
4.7 Having taken unto consideration all the relevant evidence laid before it the Disciplinary Panel shall determine whether the member accused is guilty of the misconduct alleged or is unfit to continue as a member of the Association (as appropriate). In the event that the Disciplinary Panel finds the allegation well founded, it may take one or more of the following courses of action:-
4.7.1 reprimand or severely reprimand the member;
4.7.2 require the member to provide an undertaking to refrain from continuing or repeating the conduct in question;
4.7.3 suspend the member from the Association for a period of time not exceeding 2 years; and
4.7.4 remove the member from the Association.
4.8 The decision of the Disciplinary Panel shall be final and binding. The Disciplinary Panel reserves the right to notify the complainant(s) and the member's employer or fellow partner(s) and the members professional body (as appropriate) of the nature of the complaint and of the Disciplinary Panel's findings of fact and of its disciplinary decision.
4.9 Any member expelled from the Association shall have the right to apply to the Secretary of the Committee for reinstatement but not sooner than two years from the date of the member's disciplinary hearing or one year from that member's previous application for reinstatement. Such an application shall be considered by the Membership Sub-Committee having considered the written recommendation of the Disciplinary Sub-Committee in respect of the application.
4.10 General meetings of the Disciplinary Sub-Committee shall be held each year at which all complaints, reports of all investigations completed and the results of all disciplinary hearings of Disciplinary Panels shall be reviewed by it.