Memorandum from the Department for Education
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