Joint Committee on Statutory Instruments Third Report


Memorandum from the Department for Education and Employment

REGULATIONS 2001 (S.I. 2001/1268)

1. The Department has been asked to explain the purpose of Regulation 17(2) of these regulations.

2. Regulation 17(2) provides that a Professional Conduct Committee or a Professional Competence Committee may refer a case to an Investigating Committee.

3. The purpose of this regulation is to permit a Professional Conduct or Competence Committee to refer a case back to the Investigating Committee if during the course of their consideration of the case new facts or issues emerge which relate to the case under consideration and which require further investigation to allow the Committee to take proper account of it. In addition a Professional Conduct or Professional Competence Committee may wish a particular aspect of the case to be more fully investigated before it proceeds to consider the case in detail.

4. If the Professional Conduct or Competence Committees were unable to do this, their ability to take into account all relevant issues would be inhibited. If a case were not fully investigated, the Committee may have to conclude that the offence or incompetence was not proved and the principles of fairness and possibly double jeopardy would prevent those matters being re-investigated.

25 May 2001

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