Code Of Conduct
Procedures, Powers, Report & Immunities Of Compliance Committees
7. A Compliance Committee may meet for the purposes of its work, adjourn and otherwise regulate the conduct of its work as its members may think fit including but not limited to approving matters by circulation.
8. A Compliance Committee Chairman may at any time summon a meeting of the Compliance Committee which he or she chairs.
9. Any questions arising at any meeting of a Compliance Committee shall be determined by a majority of votes of its members, and in the case of an equality of votes, the Compliance Committee Chairman shall have a second or casting vote.
10. All the members of a Compliance Committee shall be present to constitute a quorum for a meeting of the Compliance Committee.
11. Any resolution or decision in writing signed by all the members of a Compliance Committee shall be as valid and effectual as if it had been made or reached at a meeting of the Compliance Committee where all its members were present.
12. A member of a Compliance Committee shall, notwithstanding that he or she has ceased to be a member of a Panel on the expiry of his or her term of office, be deemed to be a member of the relevant Panel until such time as the Panel Chairman has decided that the Compliance Committee of which he or she is a member has completed its work.
13. Subject to Rules 14 and 15, a Compliance Committee shall, within two (2) Business Days of its appointment, commence its work and shall report its findings to the Panel Chairman and the Bureau:
13.1 in any case where the members of the Compliance Committee have decided not to call upon the Bureau or any Member to offer any explanation or to answer any Complaint made, not later than five (5) Business Days after the date of its appointment; and
13.2 in any other case, not later than five (5) Business Days after the last meeting of the Compliance Committee or twenty (20) Business Days after the date of its appointment, whichever is the earlier.
14. Where a Compliance Committee is of the opinion that it will not be able to report its findings within the period specified in Rule 13.2 due to the complexity of the matter or serious difficulties encountered by the Compliance Committee in conducting its work, the Compliance Committee shall (before the expiry of that period) apply in writing to the Panel Chairman for an extension of the time to report its findings.
15. The Panel Chairman may grant an extension of time to a Compliance Committee to report its findings if he or she is satisfied that the circumstances of the case justify the grant of an extension of time except that any extension of time granted shall not extend beyond the period of two (2) months from the date of appointment of that Compliance Committee.
16. Where in the course of its work a Compliance Committee receives information touching on the operations of the Bureau or the use of Information by a Member which may give rise to grounds for rectifying Information or holding that there has been a breach of this Code, the Compliance Committee may (after giving notice to the Bureau or Member concerned) decide on its own motion to inquire into that matter and report its findings to the Panel Chairman and the Bureau.
17. Where a Compliance Committee is satisfied that there are no grounds for rectifying Information or holding that there has been a breach of this Code, it shall report accordingly and state the reasons for its decision. The Panel Chairman shall thereupon make a copy of the report available to the Bureau, any Member concerned and the Complainant (if any).
18. Where a Compliance Committee is satisfied that there are grounds for rectifying Information or holding that there has been a breach of this Code, it shall report accordingly and state the reasons for its decision. The Panel Chairman shall thereupon:
18.1 make a copy of the report available to the Bureau, any Member concerned and the Complainant (if any);
18.2 direct the Bureau to make such rectification of Information (if any) as may be specified by the Compliance Committee and monitor the implementation of the same; and
18.3 report the findings of the Compliance Committee to the Board of Directors of the Bureau, including any findings of a breach of this Code by the Bureau or a Member and all remedies recommended.
19. All communications made during the proceedings of the Compliance Committee shall be made on a strictly “without prejudice” basis and shall not be used in any legal proceedings.
20. No Compliance Committee nor any member of the Panel (including the Panel Chairman, Deputy Panel Chairman, member of the Panel acting as the Panel Chairman and all Compliance Committee Chairman) shall be liable to any party for any act or omission in connection with the constitution and/or work and/or report of a Compliance Committee unless the act or omission is fraudulent or involves wilful misconduct.