Standing orders relating to the removal of a member

1 Royal Charter, By Laws and Regulations

1.1 By Law 6 sets out the circumstances where a member’s name shall be removed from the Register, and the member shall cease to be a member.

(1) if, by written notice to the College, the member resigns;

(2) on death or in the event of the member becoming unable to practise;

(3) if any fee, subscription or other sum payable by the member is not paid within such period of time as is determined by the Trustee Board and remains unpaid 14 days after notice is served on the member on behalf of the College informing the member that they will be removed from the membership if it is not paid;

(4) if it shall appear to the Council upon the best information available to it that the member’s name has been erased from any register which entitled them to practice;

(5) if at any time the Council shall judge that the member has behaved in a manner prejudicial to the welfare or good name of the College or the attainment of its objects, by a majority of not less than three-quarters of the Council present and voting; provided that no erasure of a member’s name shall be ordered until they have been given the right to attend and be heard by the Council in accordance with the Regulations before a decision is made. The Regulations shall respect the rules of natural justice and shall enable the member to have sight of the case against them, to be represented, to call witnesses on their own behalf, to cross-examine witnesses called against them and to appeal against the decision of the Council.

1.2 Regulation 7 set out the procedure for the termination of membership under By Law 6(5).

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

7.2 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 them and statements by any witnesses as to fact or expert witnesses on which the case against them relies.

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

7.4 If the member 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 their resistance to the case made against them, together with statements by any witnesses as to fact or expert witnesses whom the member intends to call to give evidence or whose written evidence they will rely on. The member shall also state whether they intend to represent themselves or be represented by a representative, legal or otherwise, and identify the representative (if any) and witnesses they intend to call.

7.5 No member of the Council shall take part in the hearing if they have previously had more than insignificant contact with the member either personally or professionally or have taken any part in the previous consideration of matters relevant to the hearing.

7.6 The Chair of the Council or other chair of the hearing (“the chair”) may give such directions to the member as the chair considers proper for the clarification of the issues and generally for the just and expeditious conduct of the hearing.

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

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

7.9 The proceedings at the hearing shall be governed by the rules of natural justice, subject to which the chair may:

7.9.1 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;

7.9.2 give such directions with regard to the conduct of and procedure at the hearing as the chair considers just.

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

7.11 The chair may adjourn the hearing upon such terms as the chair considers proper, either on the chair’s own motion or upon the application of the member.

7.12 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.

7.13 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.

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

7.15 Any appeal shall be by way of reconsideration of the matter by a panel of three independent persons appointed by the Chair of the Council 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.

7.16 In the event that

7.16.1 the member is a member of the Trustee Board or the Council, or

7.16.2 the application of paragraph 7.5 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 Chair of the Council, who shall elect their own chair. The decision of the panel shall be accepted by the Trustee Board or Council (as relevant), which shall resolve accordingly. Paragraph 7.15 shall apply in case of any appeal.

1.3 Council may request legal advice or support from RCR staff to assist the administration of the hearing. By Law 31[1] gives Council the power to incur expenditure, within limits set by Trustee Board. 

2 A manner prejudicial to the welfare or good name of the College

2.1 The Trustee Board will from time to time determine those matters which it considers are likely to be behaviour in a manner prejudicial to the welfare or good name of the College[2]. It will advise the Council as to its understanding of what would constitute such behaviour.

3 Delegation to a Disciplinary Panel

3.1 The Council shall delegate its functions under Regulation 7 to a committee to be known as "the Disciplinary Panel", constituted from time to time pursuant to By-Law 30[3].

3.2 The Chair of Council shall appoint the Disciplinary Panel, which shall consist of five members of Council including at least one elected member from each Faculty Board. The quorum of the Disciplinary Panel shall be three members.

3.3 The Chair of the Disciplinary Panel will be an elected member from the same Faculty Board as the member, selected by the Chair of Council.  

3.4 The Disciplinary Panel has the right to request support from RCR staff or request legal advice within the budgetary limits set by the Trustee Board.

3.5 The Disciplinary Panel must put a resolution to erase the name of a member from the Register on the grounds that they have behaved in a manner prejudicial to the welfare or good name of the College, to Council within 7 days of the hearing.

4 Conflicts

4.1 Regulation 7.5 states the ‘no member of the Council shall take part in the hearing if they have previously had more than insignificant contact with the member either personally or professionally or have taken any part in the previous consideration of matters relevant to the hearing’.

4.2 Should the Chair of Council be conflicted the Vice-Chair will take on the responsibilities of Chair under the Disciplinary process. Should both the Chair and Vice-Chair be conflicted then a non-conflicted elected member of Council will take on the responsibilities; they will be selected by agreement of the non-conflicted members of Council.

5 Resolution by Council

5.1 Council should consider and vote on the resolution within 12 days of the hearing. This may be at either an in person or virtual meeting. In accordance with Regulation 7.13, the member should be sent a copy of the resolution, if passed, including a statement of the reasons for the decision, or confirmation that the resolution was not passed within 15 days of the hearing.

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