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adopted on the 2nd day of November 2002

A Name
The name of the Society is The Forensic Science Society. The Society shall be armigerous, shall be maintained as a charity, and shall not make any dividend, gift, division or bonus in money to or between any of its Members. (“the Society”).

B Administration
Subject to the matters set out below the Society and its property shall be administered and managed in accordance with this constitution by the Members of the Council constituted by clause F1 of this constitution (“Council”).

C Objects
The objects of the Society are to advance the study, application and standing of forensic science and to facilitate co-operation among persons interested in forensic science throughout the world. The Society may co-operate with other Societies having similar or allied interests and may establish branches in any part of the world on such terms as to the Council of the Society shall seem good. The Society may take steps to be represented at national and international conferences concerned with forensic science.

D Powers
In furtherance of the objects but not otherwise the Council may exercise the following powers: (1) power to raise funds and to invite and receive contributions provided that in raising funds the Council shall not undertake any substantial permanent trading activities and shall conform to any relevant requirements of the law;
(2) power to buy, take on, lease or exchange any property necessary for the achievement of the objects and to maintain and equip such property for use;
(3) power subject to any consents required by law to sell, lease or dispose of all or any part of the property of the Society;
(4) power subject to any consents required by law to borrow money and to charge all or any part of the property of the Society with repayment of the money so borrowed;
(5) power to employ such staff (who shall not be Members of the Council) as are necessary for the proper pursuit of the objects and to make all reasonable and necessary provision for the payment of pensions and superannuation for staff and their dependants;
(6) power to pay Members for their professional services when they act in the capacity of examiners;
(7) power to co-operate with other charities, voluntary bodies and statutory authorities having similar or allied interests operating in furtherance of the objects of the Society and may establish branches in any part of the world on such terms as to the Council of the Society shall seem good. The Society may take steps to be represented at national and international conferences concerned with forensic science.
(8) power to establish or support any charitable trusts, associations or institutions formed for all or any of the objects;
(9) power to appoint and constitute such advisory committees as the Council may think fit;
(10) power to do all such other lawful things as are necessary for the achievement of the objects;
(11) power to operate the day to day business of the Society shall be conducted by the Council. In matters concerning interpretation of the Constitution the decision thereof shall rest with the Council. The Council shall decide all matters concerning the Society which are not covered explicitly by the Constitution. Seven voting Members of Council shall constitute a ‘quorum’ provided that where a ‘quorum’ is not available a fewer number of Council Members may act to conduct immediate business subject always to ratification by the Council of the actings. Such interpretations, matters and actions shall always be directed towards the benefit of the Society;
(12) power to appoint Trustees in whom the funds of the Society shall be vested. Such Trustees may be office bearers of the Society or Bank Nominees. The Society shall invest its funds in such fashions as the Council shall decide and not necessarily in Trustee Securities.

E Membership
(1) Membership of the Society, subject to approval under the terms of clause E(2) of this constitution, shall be open to:
(i) individuals (over the age of 18 years) who are interested in furthering the work of the Society and who have paid any annual subscription laid down from time to time by Council of the Society (any such individual being called in this constitution an “Ordinary Member”) or
(ii) students in full time study who are interested in forensic science and who have paid any annual subscription laid down from time to time by Council of the Society will have access to a fast-track application system (any such individual being called in this Constitution a Student Member). Applications will be approved by the Vice President on behalf of Council. The normal application process for ordinary membership will apply on completion of their course of study. Student members shall have no voting power, shall not be eligible to serve on Council of the Society and will not be governed by the Code of Conduct or
(iii) any body corporate or unincorporated association which is interested in furthering the Society’s work and has paid any annual subscription (any such body being called in this constitution a “Corporate Member”) or
(iv) individuals who have paid any annual subscription laid down from time to time by the Council and are accredited and contained within a list of registration (any such individual being called in this constitution a “Professional Member”): Members who are practising and court going forensic scientists or crime scene examiners would normally be expected to register as Professional Members or
(v) persons of distinction in forensic science and cognate disciplines proposed by the Council or by ten Ordinary or Professional members for election, at an annual general meeting of the Society (any such individual being called in this constitution an “Honorary Member”). There shall be no more than 12 Honorary Members at any one time.
(2) Ordinary, Professional and Honorary Members may propose for election to the Society, candidates of whom they have personal knowledge and shall send to the Secretary the names and qualifications of these candidates on a special form provided for the purpose. Each nomination should be supported by at least two Members. Where an application is supported by non Members then the Council shall satisfy itself as to the application and referees. The granting of Membership shall rest with the Council who shall scrutinise applications for Membership and may attach such conditions or dispense with the foregoing requirements as seems good. Confirmation of course of study will be needed for student membership. Corporate Membership shall be available to organizations approved by Council. Professional Membership will be open to Members who have completed an accreditation process determined by Council.
(3) Every individual Ordinary, Professional or Honorary Member shall have one vote. (4) The Council may unanimously and for good reason terminate the Membership of any individual or Corporate Member. Provided that the individual concerned or the appointed representative of the member organisation concerned (as the case may be) shall have the right to be heard by the Council, accompanied by a friend, before a final decision is made.
(5) When a person has been elected a Member of the Society the Secretary shall inform him/her of his/her election and shall send him/her a copy of the Constitution.
(6) Each Ordinary, Professional and Corporate Member shall pay such annual subscription as the Council shall from time to time determine. The subscriptions shall be payable in advance and shall become due on 1 November in each year. The privileges of Ordinary Membership may be conferred by the Council at reduced rates to students, retired persons and such other persons as the Council may from time to time decide. Each Ordinary and Professional Member of the Society shall be entitled to receive one copy of the current year’s Journal. Each Corporate Member shall receive one copy of the current year’s Journal and shall be entitled to send two representatives to any Scientific
Meeting of the Society but such representatives shall have no voting power and shall not be eligible to serve on the Council of the Society.
(7) No Member shall be admitted to any of the privileges of Membership of the Society until after payment of first annual subscription.
(8) Resignation of Membership shall be signified in writing to the Secretary.
(9) Any Member whose subscription is three months in arrears and who has been duly notified of the fact shall, if the Council see fit, cease to be a Member of the Society.
(10) With the exception of Professional Members, Membership of the Society shall not be regarded as a qualification for giving evidence in Court, neither shall it be mentioned on personal business cards, professional letter headings or the like. Professional Members shall only use their Membership of the Society as a qualification in those areas of expertise for which they are accredited by the Society.

F Council
(1) The Officers of the Society shall be a President, Vice President, Treasurer, Editor and Secretary. The Officers shall be appointed by election. The Society may afford such paid assistance to the Officers as shall be necessary to enable them to carry out their duties. The Officers, other than President and Vice President, shall be appointed for a period of three years and be eligible for reelection.
However, the President and Vice President shall not serve more than two consecutive years in their respective offices, although the President will serve one year as President Elect and one year as Immediate Past President.
(2) The Council of the Society shall consist of the Officers, the President Elect and Immediate Past President in turn, and nine Ordinary Members. A number of places as Ordinary Members will be reserved for Professional Members proportional to the number within the Ordinary and Professional Membership of the Society as at the closing date for nomination for election.
(3) Every year three Ordinary Members of Council will be elected to serve for a period of three years. At the end of their period of office Ordinary Members of Council will not be eligible for reelection for at least one year. If for any reason an Ordinary Member of Council is unable to complete their period of office the Council shall nominate a replacement for the remaining period. Such replacement must be ratified at the next general meeting of the Society. At the end of the original period the replacement Ordinary Member of Council may seek election for a full three-year period.
(4) Nominations for Officers of the Society or Ordinary Members of Council may be made by any six Ordinary, Professional or Honorary Members of the Society and must be accompanied by an intimation from the nominee that he or she is willing to stand. Nominations must reach the Secretary at least three months before the annual business meeting at which it is intended that they should be proposed for election. Council shall be empowered to appoint up to two Assistant Secretaries but these appointments must be ratified at the next Annual Meeting. Such Assistant Secretaries shall not be eligible to vote at Council Meetings.
(5) Rule F(1), with the names of candidates for election to the Council as Officers or Ordinary Members, shall be printed in the notice of the annual business meeting to be issued to Members by the Secretary not later than ten weeks before the annual business meeting. The said notice shall draw attention to the rule requiring notice of any resolutions to be put to the meeting (see clause O (5) hereof). The Secretary shall send to each Member a ballot paper with the names of the candidates for election to the various posts on the Council. Members may be co-opted by the Council to assist with specific tasks but are not thereby voting Members of the Council. Such Members should only be present with the Council when matters relating to their specific task are being discussed.
(6) The proceedings of the Council shall not be invalidated by any vacancy among their number or by failure to appoint or any defect in the appointment or qualification of a Member, subject always to the provisions of rule D(11).
(7) Nobody shall be appointed as a Member of the Council who is aged under 18 or who would if appointed be disqualified under the provisions of the following clause.
(8) No person shall be entitled to act as a Member of the Council whether on a first or on any subsequent entry into office until after signing in the minute book of the Council a declaration of acceptance and of willingness to act in the trusts of the Society.
(9) Council is empowered to co-opt up to three non-voting advisors to attend meetings of Council. Advisors will be or will become members of the Society. Each individual advisor will be co-opted to serve for a term not exceeding three years. An advisor’s co-option to Council will expire three years after their appointment or earlier if they cease to hold membership of the Society.

G Determination of Membership of Council
A Member of the Council shall cease to hold office if he or she:
(1) is disqualified from acting as a Member of the Council by virtue of section 45 of Charities Act 1992 (or any statutory re-enactment or modification of that provision);
(2) becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs;
(3) is absent without the permission of the Council from all their meetings held within a period of twelve months and the Council resolve that his or her office be vacated; or
(4) notifies to the Council a wish to resign (but only if at least seven Members of the Council will remain in office when the notice of resignation is to take effect).

H Council Members not to be personally interested
(1) Subject to the provisions of sub-clause (2) of this clause no Member of the Council shall acquire any interest in property belonging to the Society (otherwise than as a trustee for the Society) or receive remuneration or be interested (otherwise than as a Member of the Council) in any contract entered into by Council.
(2) Any Member of the Council for the time being who is a solicitor, accountant or other person engaged in a profession may charge and be paid all the usual professional charges for business done by him or her or his or her firm when instructed by the other Members of the Council to act in a professional capacity on behalf of the Society: provided that at no time shall a majority of the Members of the Council benefit under this provision and that a Member of the Council shall withdraw from any meeting at which his or her own instruction or remuneration, or that of his or her firm, is under discussion.
(3) Provision of Trustees indemnity insurance – the Trustees shall have power to provide indemnity insurance for themselves out of the income of the Society. The insurance shall not extend to: (i) any claim arising from any act or omission which;
a) the Trustees know to be a breach of trust or breach of duty; or b) was committed by the Trustees in reckless disregard of whether it was a breach of trust or breach of duty or not; and
(ii) the costs of an unsuccessful defence to a criminal prosecution brought against the Trustees in their capacity as Trustees of the Society.

I Meetings and proceedings of the Society and Council
The Society
(1) The Society shall hold scientific meetings at which papers relating to the objects of the Society shall be communicated. When circumstances permit Members may introduce visitors to the scientific meetings of the Society. Members shall sign their names and also enter the names of any visitors whom they may introduce on an attendance sheet provided by the Secretary.
(2) The Society shall publish a Journal. The Journal shall be edited by the Editor. The Editor may be assisted by a panel of associate editors.
(3) The Society shall have a Code of Conduct binding on all Members. Any complaint made about a Member concerning professional conduct will first be examined by the Membership and Ethics Committee existing at that time, who shall decide the merits of the complaint prior to referring it to a Disciplinary Committee. The Disciplinary Committee shall comprise the President or another designated officer of the Society, two Members of Council and two Ordinary Members who are not Members of Council, which shall be constituted as the need arises. Where the subject of complaint concerns a Professional Member, then the Disciplinary Committee may co-opt a Professional Member from within the same field of specialism if one is not already present. The findings of this Disciplinary Committee will be referred to Council who, if in their opinion the interests of the Society require it, may remove or suspend that Member from the Society.
(4) The Council may invite any scientific or learned society to participate in the Society’s meetings.
(5) Meetings of the Society are private unless otherwise decided and proceedings may not be communicated to the press without the prior consent of the Council.
(6) The Society shall maintain a list of Ordinary, Honorary and Corporate Members and register of Professional Members.

The Council
(7) The Council shall hold at least two Ordinary meetings each year. A special meeting may be called at any time by the President or by any two Members of the Council upon not less than 4 days’ notice being given to the other Members of the Council of the matters to be discussed but if the matters include an appointment of a co-opted Member then not less than 21 days’ notice must be given.
(8) The President shall act as Chairman at meetings of the Council. If the Chairman is absent from any meetings, the Members of the Council present shall choose one of their number to be Chairman of the meeting before any other business is transacted.
(9) There shall be a quorum when seven Members of the Council are present at a meeting. Fewer Members may conduct immediate business subject always to ratification by the Council.
(10) Every matter shall be determined by a majority of votes of the Members of the Council present and voting on the question but in the case of equality of votes the Chairman of the meeting shall have a second or casting vote.
(11) The Council shall keep minutes, in books kept for the purpose, of the proceedings at meetings of the Council and any sub-committee.
(12) The Council may from time to time make and alter rules for the conduct of their business, the summoning and conduct of their meetings and the custody of documents. No rule may be made which is inconsistent with this constitution.
(13) The Council may appoint one or more sub-committees consisting of three or more Members of the Council for the purpose of making any inquiry or supervising or performing any function or duty which in the opinion of the Council would be more conveniently undertaken or carried out by a sub-committee: provided that all acts and proceedings of any such sub-committees shall be fully and promptly reported to the Council.

J Receipts and expenditure
(1) The funds of the Society, including all donations, contributions and bequests shall be paid into an account operated by the Council in the name of the Society at such bank as the Council shall from time to time decide. All cheques drawn on the account must be signed by either two Members of Council or one Member of Council and one other person appointed by Council. In the case of another person being appointed a document shall be drawn up and signed by all Members of Council giving their consent to the appointment.
(2) The funds belonging to the Society shall be applied only in furthering the objects.

K Property
(1) Subject to the provisions of sub-clause (2) of this clause, the Council shall cause the title to:
(i) all land held by or in trust for the Society which is not vested in the Official Custodian for Charities: and
(ii) all investments held by or on behalf of the Society;
to be vested either in a corporation entitled to act as custodian trustee or in not less than three individuals appointed by them as holding trustees. Holding trustees may be removed by the Council at their pleasure and shall act in accordance with the lawful directions of the Council. Provided they act only in accordance with the lawful directions of the Council, the holding trustees shall not be liable for the acts and defaults of its Members.
(2) If a corporation entitled to act as custodian trustee has not been appointed to hold the property of the Society, the Council may permit any investments held by or in trust for the Society to be held in the name of a clearing bank, trust corporation or any stock-broking company which is a Member of the International Stock Exchange (or any subsidiary of any such stock-broking company) as nominee for the Council, and may pay such a nominee reasonable and proper remuneration for acting as such.

L Accounts
The Council shall comply with their obligations under the Charities Act 1992 (or any statutory reenactment
or modification of that Act) with regard to:
(1) the keeping of accounting records for the Society;
(2) the preparation of annual statements of account for the Society;
(3) the auditing or independent examination of the statements of account of the Society; and (4) the transmission of the statements of account of the Society to the Charity Commission.

M Annual Report
The Council shall comply with their obligations under the Charities Act 1992 (or any statutory reenactment or modification of that Act) with regard to the preparation of an annual report and its transmission to the Charity Commissioners.

N Annual Return
The Council shall comply with their obligations under the Charities Act 1992 (or any statutory reenactment
or modification of that Act) with regard to the preparation of an annual return and its transmission to the Charity Commissioners.

O Annual General Meeting
(1) There shall be an annual general meeting of the Society which shall be within two weeks of 1 November in each year or as soon as practicable thereafter.
(2) Every annual general meeting shall be called by the Council. The Secretary shall give at least 21 days’ notice of the annual general meeting to all the Members of the Society. All the Members of the Society shall be entitled to attend and vote at the meeting.
(3) The Council shall present to each annual general meeting the report and accounts of the Society for the preceding year. After audit, all accounts and supporting documents will be placed in the Society’s archives at Clarke House.
(4) At the annual general meeting vacancies amongst the Officers and Council shall be filled. The office of the Treasurer shall be effective from 1 April. The period between an annual general meeting and the following 1 April will be regarded as a handing over period and the outgoing Treasurer will be responsible for the preparation and audit of the accounts for that part of the current financial year in which he held office.
(5) At least one month’s notice shall be given of any general meeting and notice of any resolutions must reach the Secretary at least two weeks before any business meeting.
(6) The conduct of any meeting shall be in the hands of the Chairman approved by the Council. (7) Each Ordinary, Professional and Honorary Member shall have the right to vote on all questions submitted to any business meeting or extraordinary general meeting of the Society at which the Member is present.

P Special General Meetings
The Secretary shall convene within two months a special general meeting on the request in writing of not less than twenty Members to the Secretary. Such a request shall state the purpose for which the meeting is required and the terms of any resolutions to be proposed at the meeting. A motion of “no confidence” in any Officer(s), Member(s) of Council, or Council as a whole may be proposed at the annual general meeting or at a special general meeting. In the event of any “no confidence” motion being carried it shall then be submitted to the Membership for ratification by ballot. Ratification shall require at least two thirds of those voting being in favour. If so ratified Council or
the retiring Council will make arrangements for the election of new officers, Members and Council as appropriate, within three months. Such a vote does not preclude any Member or Officer of the Council seeking re-election. The newly elected Council will remain in office for a minimum of four months.

Q Procedure at General Meetings
(1) The Secretary or other person specially appointed by the Council shall keep a full record of proceedings at every general meeting of the Society.
(2) There shall be a quorum when at least fifty Members of the Society are present at any general meeting.

R Notices
Any notice required to be served on any Member of the Society shall be in writing and shall be served by the Secretary or the Council on any Member either personally or by sending it through the post in a prepaid letter addressed to such Member at his or her last known address, and any letter so sent shall be deemed to have been received within 10 days of posting.

S Alterations to the Constitution
(1) Subject to the following provisions of this clause the Constitution may be altered by a resolution passed by not less than two thirds of the Members present and voting at a general meeting. The notice of the general meeting must include notice of the resolution, setting out the terms of the alteration proposed.
(2) No amendment may be made to clause A, clause C, clause H clause T or this clause without the prior consent in writing of the Charity Commissioners.
(3) No amendment may be made which would have the effect of making the Society cease to be a society at law.
(4) The Council should promptly send to the Charity Commissioners a copy of any amendment made under this clause.

T Dissolution
If the Council decides that it is necessary or advisable to dissolve the Society it shall call a meeting of all Members of the Society, of which not less than 21 days’ notice (stating the terms of the resolution to be proposed) shall be given. If the proposal is confirmed by a two-thirds majority of those present and voting the Council shall have power to realise any assets held by or on behalf of the Society. Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other charitable institution or institutions having objects similar to the objects of the Society as the Members of the Society may determine or failing that shall be applied for some other charitable purpose. A copy of the statement of account, or account and statement, for the final accounting period of the Society must be sent to the Charity Commissioners.

THE CODE OF CONDUCT OF THE FORENSIC SCIENCE SOCIETY

The following Code of Conduct is proposed for Members of the Forensic Science Society by the Council of the Forensic Science Society.
1. This Code of Conduct is applicable to all Members of the Forensic Science Society with the exception of Student Members.
2. All Members with the exception of Student Members have a duty to:
* observe the provisions of the Constitution and Code of Conduct of the Society and any regulations made thereunder;
* conduct themselves honourably in the practice of their profession
* promote to the utmost of their power the interests of the Society.
* maintain the dignity and welfare of the Society.
* have special regard at all times to the public interest and to the maintenance of the highest standards of competence and integrity.
Professional Members must additionally;
* Only undertake any forensic activity commensurate with and in the field within which they are registered or accredited by the Society
3. In order to fulfil their duty under this Code of Conduct Members shall give due attention to any general guidance on the subject of professional conduct and advice on specific questions and shall conform to any rulings thereon that may be approved and issued from time to time by the Council of the Society.

DISCIPLINARY REGULATIONS OF THE FORENSIC SCIENCE SOCIETY

Adopted by Resolution of the Council on the 8th December 1990
1. Interpretation
1.1 In these regulations, unless the context otherwise requires, ‘the Society’ means The Forensic Science Society; ‘the Council’ means the Council of the Society; ‘the Membership/Ethics Committee’ (MEC) means the Committee appointed each year at the first Council Meeting following the Annual General Meeting and shall be composed of the Vice President (who will act as Chairman), an Ordinary Member of Council (who will act as Deputy Chairman), an Ordinary Member of the Society (who is not a Council Member) and the Secretary of the Society; ‘the Disciplinary Committee’ (DC) means the Committee appointed by the Council in accordance with clause I(3) of the Constitution. The DC shall comprise the President or another designated officer of the Society, two Members of Council and two Ordinary Members who are not Members of Council; ‘Member’ means a Member in any category referred to in the Constitution; ‘the Clerk’ means any person appointed by the DC to act as its Clerk; ‘the Complainant’ means the person or body by whom a complaint has been made concerning a Member’s professional conduct; ‘the Respondent’ means a Member against whom a complaint has been made.
2. Membership/Ethics Committee
2.3 Once appointed the Chairman, Vice Chairman and Committee Members shall remain in office until their successors are appointed by the Council. The Council may fill casual vacancies from time to time as they occur.
2.4 The MEC shall keep under review current principles of professional conduct, interpret the published guidelines, recommend changes in the guidelines and prepare statements on ethical conduct for publication.
2.5 The MEC shall give preliminary consideration of any complaint made against a Member and if appropriate shall require Council to appoint a DC.
2.6 Whenever the MEC receives a complaint which could relate to a Member’s Professional conduct then the Members of the MEC shall remain in office in respect of that complaint only until the investigation of that complaint has been completed.
3. Disciplinary Committee
3.1 Once appointed the Members of the DC shall remain in office until the complaint for which the DC has been appointed has been heard and the DC has submitted its report to the Council.
3.2 No Member shall serve as a Member of the MEC and as a Member of the DC.
4. Investigation Rules of the Membership/Ethics Committee
4.1 If the Secretary of the Society receives a complaint against a Member he shall call for a written statement from the Complainant and on receipt shall transmit it to the Chairman of the MEC.
4.2 Whenever the MEC receives a complaint which could relate to a Member’s professional conduct they shall have the power to call upon such expert advice as it may think necessary to assist in its investigations. The quorum of the MEC shall be three Members. Decisions of the MEC shall be a simple majority of votes. The Chairman shall only vote in the event of equality of votes.
4.3 The MEC shall investigate the substance of the complaint. If the MEC decides it does not relate to a Member’s professional conduct or it is a trivial, frivolous or malicious nature it may resolve to take no further action, in which case the Respondent will not be informed that any question of his/her conduct has arisen. This does not preclude the MEC from further investigation of the matter.
4.4 In all other cases it shall be the duty of the Secretary on behalf of the MEC to notify the Respondent of the complaint; and of the nature, particulars and source thereof; and the fact that the complaint or allegation shall be considered by the MEC; and his/her right to submit a written statement to the MEC; and the MEC’s powers of investigation under the Constitution and these Regulations and its authority in the absence of any exercise of his/her rights, to proceed without further reference to the Respondent provided due notice has been given in accordance with this clause.
4.5 The MEC shall deal only with written submissions. Neither a Complainant nor Respondent nor any representative acting on behalf of either shall have a right of appearance before the MEC.
4.6 The Secretary shall transmit to the MEC the documentary evidence in support of the complaint and any written statement submitted by the Respondent. The Secretary shall notify the MEC if the Respondent has not availed himself/herself of his/her rights.
4.7 When the MEC intends to hold a meeting, at least 28 days clear notice shall be given to all parties unless all parties agree to a shorter period of time.
4.8 All parties must be notified by the Secretary that all written representation must be received at least 7 days prior to the date of the meeting. The representations received after that date will only be considered at the discretion of the Chairman of the MEC.
4.9 The MEC shall consider the documents, and may either reach a conclusion forthwith or suspend the consideration from time to time to enable further enquiries to be made. If further enquiries are made the results of such will be made available to all parties by the Secretary and they will be invited to make observations thereon.
4.10 If the MEC considers there is a prima facie case to answer it shall ask the Council to appoint: a DC as set up under clause I(3) of the Constitution for further investigation; and instruct the Secretary as to the action that should be taken; and inform the Complainant and the Respondent.
4.11 The MEC shall keep confidential Minutes of its deliberations and decisions.
4.12 If at any time during an investigation it becomes known that the facts giving rise to the complaint are sub judice or subject to investigation by any other competent tribunal or body, the Society’s investigation may be suspended forthwith until the matter has been resolved elsewhere.
5. Disciplinary Committee and Hearings
5.1 For the purposes of hearing a case referred to the DC, the Committee shall appoint a person to act as Clerk and may appoint one or two more specialist advisers without the power to vote as it deems appropriate in each instant.
5.2 In cases of complaint arising from outside the Society or if the Chairman of the DC considers the matter to be one of public interest, the Chairman of the DC shall also include, with the power to vote, an appropriate person who is not a Member of the Society in order to represent the public interest. The opinion of the Chairman of the DC in these matters shall be conclusive and binding.
5.3 The quorum for a meeting of the DC shall be three voting Members. Decisions of the DC shall be by a simple majority of votes. The Chairman shall only vote in the event of an equality of votes.
5.4 Where a case is referred to the DC it shall be the duty of the Clerk as instructed: to inform the Respondent and Complainant of proposed further consideration of the complaint; and to take such legal action as the DC deems necessary; and to ask the MEC to prepare a statement of the case for presentation to the DC.
5.5 The Clerk shall, after consultation with the Chairman of the DC, fix a date, time and place for a hearing of the complaint by the DC.
5.6 The Clerk shall send by registered post to the Respondent and the Chairman of the MEC a notice which shall contain the following particulars; the date (which shall not be less than 42 days from the date of despatch of the notice), the time and place of hearing; and the statement of the grounds of complaint; and a requirement to furnish the Clerk not less than 21 days before the date of the hearing a copy of each and all the documents on which the Respondent or the MEC (as the case may be) proposes to rely; and a requirement to inform the Clerk the name of the MEC’s representative, whether the Respondent intends to appear before the DC in person or to be represented and if he/she intends to be represented, the names of any person or persons who will be representing him/her; the names of any witnesses which the MEC or the Respondent wishes to call and an invitation to send an answer in writing to the Clerk not less than 21 days before the day appointed for hearing; and a warning that if the Respondent or the MEC fails to attend, the DC shall satisfy themselves that due notice was given and if so satisfied may proceed with the hearing or adjourn the hearing at the DC’s discretion.
5.7 A copy of these Regulations shall be enclosed with the aforesaid notice.
5.8 If the Respondent or the MEC fails to attend, the Members of the DC shall satisfy themselves that due notice was given and if so satisfied may proceed with the hearing or adjourn the hearing at the DC’s discretion.
5.9 At the opening of the hearing the Chairman of the DC shall inform all present of the procedure to be adopted.
5.10 A hearing shall be conducted as far as possible, in accordance with the following outline of procedure.
5.10.1 The Chairman of the DC shall preside, and give rulings on the admission of evidence and on any questions of procedure or points of order that may arise.
5.10.2 The Chairman of the DC shall have power to adjourn the hearing and, after consultation with those present, to fix a date, time and venue for its resumption.
5.10.3 The Chairman of the DC shall open the proceedings by asking the Respondent whether he/she has received the notice sent to him pursuant to Regulation 5.6 together with a copy of the Regulations.
5.10.4 No document shall be submitted to the DC which has not been furnished to the Clerk in accordance with Regulation 5.6 save with consent of the Chairman.
5.10.5 The MEC and the Respondent may be represented in proceedings before the DC by a Solicitor and/or Counsel or by any other person. Any reference in the following paragraphs of these regulations to the MEC or to the Respondent shall include their Counsel, Solicitor, or other representative.
5.11 The MEC shall put its case in the presence of the Respondent if he or she is in attendance personally or by representative, and may call witnesses, including the Complainant, to give evidence. The MEC may question any witness so called.
5.12 The Respondent shall then have the opportunity to question any witnesses, including the Complainant called on behalf of the MEC.
5.13 The Chairman and any Member of the DC shall have the opportunity to ask questions of the witnesses, including the Complainant called on behalf of the MEC.
5.14 The MEC shall have the opportunity to re-examine its witnesses on any matter referred to during such questioning.
5.15 The Respondent shall put his/her case in the presence of the MEC and he/she may call witnesses to give evidence, and question any witnesses so called.
5.16 The MEC shall have the opportunity to question the Respondent if he/she chooses to give evidence, and any other witnesses called on behalf of the Respondent.
5.17 The Chairman and any Member of the DC shall have the opportunity to ask questions of the Respondent if he/she chooses to give evidence and of any other witnesses called on behalf of the Respondent.
5.18 The Respondent shall have the opportunity to re-examine his/her witnesses on any matter referred to during such questioning.
5.19 When all the evidence has been heard the representative of the MEC shall address the DC and sum up his case.
5.20 The Respondent and/or his/her representative shall have the opportunity to address the DC and sum up his/her case.
5.21 The Chairman, at his sole discretion, may suspend the hearing any time in order to consult privately with Members of the DC or his advisers.
5.22 At the conclusion of the hearing all the Members of the DC shall withdraw for a period that the Chairman shall determine, so that the DC may deliberate and, if possible, reach a decision as to the true facts of the matter and whether or not the complaint should be upheld.
5.23 The DC shall deliberate in private, but may recall the parties to clarify any points of uncertainty on evidence already given.
5.24 When the DC has reached a decision the parties shall be recalled, it shall then announce the finding, either forthwith or after further deliberation in private or it may defer its decision until a later date. In the event of deferment the Clerk shall give to the Respondent and any person accompanying him/her not less than seven days written notice of the date, time and place at which the finding shall be announced.
5.25 The finding shall be announced to all the parties involved and shall be confirmed in writing by the Clerk.
5.26 All cases considered by the DC shall be reported to the Council by the Secretary. Where the Committee shall have dismissed the Complaint, no mention shall be made of the name of the Respondent.
5.27 The DC shall keep confidential Minutes of its deliberations and decisions.
6. Decision of the Council
6.1 The DC shall present a written report to the Secretary setting out the DC’s decision as to the true facts of the matter and whether or not the complaint should be upheld, a copy of which will be sent to each Member of the Council and to the Respondent at least fourteen days before the Council Meeting to which the findings of the DC are to be referred.
6.2 The Council shall consider the report of the DC at the first available opportunity, sufficient notice having been given to the Respondent, and decide what action (if any) should be taken against the Respondent on the basis of the DC’s report.
6.3 No Members of the Council, with respect to the action (if any) to be taken, who is a Member of the investigating MEC or the DC shall vote at the meeting of the Council.
6.4 The Respondent and his/her representative, if any, shall be entitled to be present at and to address such a meeting of the Council.
6.5 The Council will consider the findings of the DC and any comments made by the Respondent and may, if in its opinion the interests of the Society require it, remove or suspend the Respondent from the Society.