Standing orders relating to the removal of a member

Words and expressions defined in the Supplemental Charter, By-Laws and Regulations bear the same meaning in these Standing Orders and the same rules of construction apply, including the rule that words denoting the singular number shall include the plural and vice versa, and words denoting the masculine shall include the feminine.

2.1 By-Laws 6 and 7 set out the basis upon which any member shall cease to be a member of the College. 

2.2 Membership of the College may cease if:

(a) the member is in arrears with fees or subscriptions due, in accordance with By-Law 6;
(b) a member resigns his membership, in accordance with By-Law 7(1)(a);
(c) a Receiving order is made against a member or an arrangement is made with creditors, in accordance with By-Law 7(1)(b);
(d) if the member's name has been erased from any register which entitled him to practice, in accordance with By-Law 7(1)(c);
(e) if at any time the Council shall judge that he has behaved in a manner prejudicial to the welfare or good name of the College or the attainment of its objects, in accordance with By-Law 7(1)(d).

2.3 For ease of reference, By-Law 7(1)(d) is set out in the Appendix to these Standing Orders.

2.4 These Standing Orders supplement the rules contained in By-Law 7(1)(d) and Regulation 7 and provide for how the Council may terminate membership.

2.5 The Treasurer shall lead the initial investigation into whether a member of the College has, or may have, behaved in a manner prejudicial to the welfare or good name of the College or attainment of its objects. The Chairman of the Disciplinary Panel (the "Chairman") shall then chair the Hearing by the Disciplinary Panel (as set out below).

3.1 The Council may from time to time determine those matters which it considers are prejudicial to the welfare or good name of the College.

3.2 The following is a non-exhaustive list of such matters which the Council agrees may be prejudicial to the welfare or good name of the College:-

(a) The member has secured election or registration by false statement or fraud;
(b) The member has been convicted of any serious criminal offence;
(c) The member has acted in a dishonourable or unprofessional manner or in a manner which is likely to have a serious adverse effect on the College or bring discredit on the College or order him unfit to remain a member of the College or as an officer (as the case may be); or
(d) The member has, where he is also an Officer, seriously or persistently neglected or been incompetent in the performance of his duties as an Officer or is guilty of gross misconduct affecting the affairs of the College.

4.1 The Council delegates its functions under Regulation 7 to a committee to be known as "the Disciplinary Panel", constituted pursuant to By-Law 22.

4.2 The Disciplinary Panel shall be appointed by the President and shall comprise:-

4.2.1 the Dean of the Faculty of which the member is elected; and
4.2.2 up to four other members of the Council (not including the Treasurer).

A majority of the members of the Panel must be Fellows who are in active clinical practice.

4.3 The Disciplinary Panel shall meet as required.  A quorum at meetings of the Disciplinary Panel shall be three.

4.4 The Chairman of the Disciplinary Panel shall be selected by the President from among the members of the Panel.

4.5 The Disciplinary Panel shall provide a report of its activities to the Council as soon as practical provided that no such report should prejudice the right of any member to receive a fair hearing.

5.1 The Treasurer shall consider all cases brought to the attention of the College in which a member of the College has, or may have, behaved in a manner prejudicial to the welfare or good name of the College or attainment of its objects.

5.2 Where the allegation relates to the Treasurer, or he has a conflict of interest or loyalty in relation to such allegation, the Treasurer shall notify the President, who shall appoint another member of Council to deputise for him.

5.3 The Treasurer may request assistance from any employee of the College or the College's solicitors when investigating any allegation and establishing whether there is sufficient evidence to pursue termination proceedings of a member.

5.4 If the Treasurer finds that:-

(a) there is no case to answer, he shall record that fact in the College records;
(b) the allegation is not sufficiently serious (if proven) to warrant termination proceedings, he may take alternative administrative action such as writing a suitable letter which contains a warning or a request for an apology or written advice; or
(c) the allegation is sufficiently serious (if proven) to warrant termination proceedings, the Treasurer shall follow the procedure in paragraph 6 below.

6.1 The Treasurer shall convene a hearing of the Disciplinary Panel (the "Hearing") to establish whether or not a member should be removed pursuant to By-Law 7(1)(d).

6.2 The Treasurer shall serve on the respondent member at least 56 days prior to the date of the Hearing (the "Hearing Date") at their registered address:-

(a) the date, time and location of the Hearing;
(b) a statement of the allegations made against the member with sufficient detail to enable the respondent member to understand the allegations being made against him;
(c) any witness statements (as to fact) or expert witnesses on which the case against him relies; and
(d) a copy of these Standing Orders.

6.3 At least 42 days before the Hearing Date, the respondent member shall give notice to the Treasurer as to whether he intends to attend the Hearing.

6.4 If the respondent member intends to attend the Hearing, then the respondent member shall give to the Treasurer and the Registrar of the College not less than 21 days before the Hearing Date the following:-

(a) a written statement of the grounds of his resistance to the case made against him;
(b) witness statements (as to fact) or expert witness statements on which he intends to rely which clearly identify the name and position of the witness; and
(c) a statement as to whether he intends to represent himself or be represented by a representative, legal or otherwise, and the full name, title and address of such representative.

6.5 Not less than seven days before the Hearing Date the Chairman of the Disciplinary Panel may give such directions to the participants in the Hearing as he considers proper for the clarification of the issues and generally for the just and expeditious conduct of the Hearing.

6.6 The Chairman may direct that written clarification should be requested from any person or body of any matter which in the Chairman's opinion is relevant to assisting the Disciplinary Panel in deciding on the matter.  Any such written evidence received by the Chairman must be copied to all the participants in the Hearing as soon as such clarifications become available.

6.7 The Chairman may seek the assistance of legal or other advice which he considers will assist the Disciplinary Panel.

7.1 The Chairman shall ensure that the Hearing complies with the rules of natural justice, so as to ensure that the respondent member receives a fair hearing.

7.2 Subject to paragraph 7.1, the Chairman may:-

(a) admit any evidence, whether oral or written, whether direct or hearsay, and whether or not the same would be admissible in a court of law; and
(b) give such directions with regard to the conduct of and procedure at the Hearing as he considers just.

7.3 The respondent member may address the Disciplinary Panel at the Hearing, may give evidence, call witnesses and cross-examine any witnesses, unless the Chairman determines that any cross-examination of any particular witness may place undue stress on such witness (in which case an alternative means of facilitating the cross-examination of the witness shall be directed).

7.4 The Chairman shall conduct the Hearing in such manner as he sees fit, subject to paragraph 7.1, and he may adjourn the Hearing upon such terms as he considers proper.  A decision by the Chairman on any point of procedure will be binding.

7.5 The Disciplinary Panel must decide without the member present whether or not to uphold the case against the member, and must then decide whether to terminate the membership of the respondent member.  In order for the allegations to be upheld, the Disciplinary Panel must find that the evidence presented enables them to conclude that the allegations against the respondent member was proven on the balance of probabilities.

7.6 At the next meeting of the Council (or by resolution if necessary), the Council shall resolve to adopt the decision of the Disciplinary Panel.  In resolving to adopt the decision of the Disciplinary Panel, the President shall ensure that at least three members of the Council who have no conflicts of interest or loyalty in relation to the case or the member, absent themselves from that part of that meeting, so that they take no part in the discussion or the decision and may serve on an Appeals Panel as necessary.  (Such members of Council shall be identified in advance of such meeting (who shall confirm that they do not have any conflicts of interest or loyalty) and shall not be sent any papers relating to the case.)

7.7 Within 15 days of the meeting (or formal resolution) of the Council (and within 60 days of the Hearing Date), the Chairman shall send to the member:-

(a) a copy of its decision;
(b) a statement of reasons; and
(c) a statement as to how the member may appeal against the Disciplinary Panel's decision.

If the outcome of the Hearing is that the member should be removed as a member of the College, then the member's name must be erased from the Register 28 days after the decision has been sent to the member, unless before that date the Registrar has received notice of appeal from the member.

9.1 The member may appeal against the decision of the Disciplinary Panel by advice in writing to the Registrar within 28 days of the date on which the decision was sent to him by the College.

9.2 If the member requests an appeal of the Disciplinary Panel's decision, then the President shall appoint three independent persons (who may be members of Council but who have not been involved in the Hearing) to form a committee known as the "Appeals Panel".  The Appeals Panel shall reconsider the matter.

9.3 The rules relating to the conduct of the Hearing shall apply mutatis mutandis to the hearing of the Appeals Panel.

10.1 In the event that the respondent member is a member of Council, then the Disciplinary Panel may not hear the matter but a panel of three retired Honorary Officers appointed by the President shall conduct the Hearing. 

10.2 Details of all allegations and reports of misconduct shall remain confidential and shall be retained by the College in a secure file kept specifically for that purpose for as long as they may be relevant, and shall then be destroyed.

10.3 Members shall have the right to view all information held in respect of any allegation or report in which they are named in accordance with the General Data Protection Regulation.

These Standing Orders may be amended from time to time by resolution of the Council.

"Termination of Membership under By-Law 7(1)(d)

(a) The Council shall not consider a resolution to erase the name of a member from the Register on the grounds that he has behaved in a manner prejudicial to the welfare or good name of the College without granting him the right to attend and be heard by the Council (“the hearing”).

(b) Not less than 56 days’ notice of the date of the hearing shall be given to the member concerned (“the member”), together with a statement of the case made against him and statements by any witnesses as to fact or expert witnesses on which the case against him relies.

(c) Not less than 42 days before the hearing, the member shall give notice to the Registrar of the College whether he intends to attend the hearing.

(d) If he intends to attend the hearing, not less than 21 days before the hearing the member shall give to the Registrar of the College a statement of the grounds of his resistance to the case made against him, together with statements by any witnesses as to fact or expert witnesses whom he intends to call to give evidence or whose written evidence he will rely on.  He shall also state whether he intends to represent himself or be represented by a representative, legal or otherwise, and identify the representative (if any) and witnesses he intends to call.

(e) No member of the Council shall take part in the hearing if he has previously had more than insignificant contact with the member either personally or professionally or has taken any part in the previous consideration of matters relevant to the hearing.

(f) The President or other chairman of the hearing (“the chairman”) may give such directions to the member as he considers proper for the clarification of the issues and generally for the just and expeditious conduct of the hearing.

(g) The chairman may direct that written clarification should be requested from any authority, body or individual in respect of any matter which in his opinion is relevant to assisting the Council in deciding on the resolution.  Any such written evidence received by the chairman shall be copied to the member, who may submit comments thereon.

(h) The chairman may direct that the Council may have the assistance of one or more assessors who appear to the chairman to have knowledge or experience which would assist the Council in deciding on the resolution.

(i) The proceedings at the hearing shall be governed by the rules of natural justice, subject to which the chairman may:

(i) admit any evidence, whether oral or written, whether direct or hearsay, and whether or not the same would be admissible in a court of law;
(ii) give such directions with regard to the conduct of and procedure at the hearing as he considers just.

(j) The member may address the Council, may give evidence, may call witnesses and may put questions directly to any person called as a witness.

(k) The chairman may adjourn the hearing upon such terms as he considers proper, either on his own motion or upon the application of the member.

(l) The Council shall reach its decision on whether to support the resolution by a majority of not less than three quarters of the Council present and voting.

(m) Within 15 days of the conclusion of the hearing, the Council shall send to the member a copy of the resolution, if passed, including a statement of the reasons for the decision, or confirmation that the resolution was not passed.

(n) The member’s name shall be erased from the Register 28 days after a copy of the resolution so ordering has been sent to the member, unless before that date the member has given notice of appeal to the Registrar of the College.

(o) Any appeal shall be by way of reconsideration of the matter by a panel of three independent persons appointed by the President who shall proceed in the manner set out in this Regulation, adjusted as necessary, and any further rules of procedure from time to time decided by the Council.

(p) In the event that

(i) the member is a Member of the Council, or
(ii) the application of paragraph (e) of this Regulation would result in fewer than ten Members of the Council being able to take part in the hearing,

the above paragraphs of this Regulation shall be varied to the effect that the hearing shall be before a panel of three retired Honorary Officers appointed by the President, who shall elect their own chairman.  The decision of the panel shall be accepted by the Council, which shall resolve accordingly.  Paragraph (o) shall apply in case of any appeal."