【法规名称】
【法规编号】 82263 什么是编号？
【正 文】
第8页 CAP 50A PROFESSIONAL ACCOUNTANTS BY-LAWS
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[接上页] (23 of 2004 s. 55) Cap 50A bylaw 35B Consent order (1) Where a complaint that by-law 34(1)(c) or (e) applies to a registered student is referred to the Disciplinary Committee and the Disciplinary Committee, without hearing either the complainant or the registered student, is of the view that the complaint is of such a nature that if the complaint is proved, the appropriate order or orders to be made should fall within one or more of the following orders under by-law 35- (a) an order that the registered student be reprimanded; (b) an order that the registered student be admonished; (c) an order that the registered student pay the costs and expenses of and incidental to the proceedings, whether of the Institute (including the costs and expenses of the Disciplinary Committee) or of the complainant,the Disciplinary Committee may give notice to the complainant and the registered student. (2) A notice given by the Disciplinary Committee under paragraph (1) shall state- (a) the order or orders, being order or orders no more than those referred to in paragraph (1), which the Disciplinary Committee proposes to make if the registered student admits to the complaint; and (b) the time (being not earlier than 14 days from the date when the notice was given, or such further time as the Disciplinary Committee may allow) within which each of the complainant and the registered student is required to inform the Disciplinary Committee as to whether he will consent to the proposed order or orders.(3) If the complainant and the registered student consent to the proposed order or orders, the Disciplinary Committee shall make an order or orders in terms of the proposed order or orders and such order and orders shall be deemed to be an order or orders made under by-law 35, save that by-law 36(1) shall not apply to such order or orders. (4) If the complainant or the registered student informs the Disciplinary Committee that he does not consent to the proposed order or orders, or if the Disciplinary Committee considers that the consent of either the complainant or the registered student is not forthcoming notwithstanding the notice under paragraph (2)(b), the Disciplinary Committee shall inform the Council and the following shall apply- (a) the Disciplinary Committee shall be dissolved; (b) the Council shall constitute a new Disciplinary Committee to deal with the complaint with which the dissolved committee was concerned by directing the Disciplinary Committee Convenor to appoint the chairman and other members of the new Disciplinary Committee; (c) a person who was a member of the dissolved committee shall not be eligible for membership of the new Disciplinary Committee; and (d) the new Disciplinary Committee shall deal with the complaint afresh without regard to this by-law and, accordingly, it shall not have any regard to any proceedings of the dissolved committee, including the proposed order or orders of the dissolved committee or any failure or refusal of the complainant or the registered student to consent to the proposed order or orders. (23 of 2004 s. 55) Cap 50A bylaw 36 Appeal to Council (1) A registered student aggrieved by an order made under by-law 35 may, within 21 days of the date of service upon him of the order, appeal to the Council. (2) The practice and procedure on an appeal to the Council shall be such as the Council may determine. (3) On an appeal the Council may- (a) affirm or vary the order; (b) rescind the order and substitute any other order which might have been made by the Disciplinary Committee under by-law 35.(4) The Registrar shall notify the registered student concerned of the decision of the Council. Cap 50A bylaw 36A Conduct of proceedings and representation At the hearing of a complaint, a registered student whose conduct is the subject of such proceedings shall be entitled to be represented by counsel or a solicitor, or, with the approval of the Disciplinary Committee, by some other person appointed by the registered student to represent him throughout the proceedings. (23 of 2004 s. 55) Cap 50A bylaw 37 Power of Council to make rules PART IX EXAMINATIONS The Council may make rules prescribing- (a) the examinations of the Institute; (23 of 2004 s. 55) (b) the syllabuses therefor; (c) the sections into which the examinations are to be divided; (d) the times for holding the examinations; (e) examination fees; (f) the period within which any examination must be passed; (g) exemptions from examinations or concessions which may be granted; and (h) any other matter incidental to the holding of examinations. Cap 50A bylaw 38 Restriction on taking examinations (1) Subject to paragraphs (2), (3), (4) and (5), a person is not entitled to enter for an examination of the Institute unless he- (23 of 2004 s. 55) (a) is a registered student; or (b) is a person required or permitted to sit an examination under or pursuant to- (i) any of the provisions of the Ordinance; or |
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