Revised Laws of Saint Lucia (2023)

PART VI
DISCIPLINARY PROCEDURE

25.   Disciplinary procedure and measure

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   (1)   If a person to whom a practising certificate has been issued under this Agreement—

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      (a)     is convicted of any criminal offence involving dishonesty; or

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      (b)     is found upon inquiry by the Disciplinary Committee—

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         (i)     to have procured his practising certificate as a result of any misleading, false or fraudulent representation;

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         (ii)     to have been guilty of grave impropriety or serious professional misconduct, in the performance of his professional duties;

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         (iii)     to have been guilty of negligence or incompetence in the performance of his professional duties; or

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         (iv)     to have been guilty of professional misconduct likely to bring the profession into disrepute;

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   the Disciplinary Committee shall exercise in respect of that person all or any of the disciplinary powers conferred on the Disciplinary Committee by sub-article (2).

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   (2)   The disciplinary powers which the Disciplinary Committee may exercise in respect of any person found guilty under sub-article (1) are as follows—

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      (a)     the reprimand of such person;

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      (b)     the imposition of a fine as prescribed in the Rules;

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      (c)     the suspension of membership for a fixed or indefinite period; or

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      (d)     the exclusion from membership.

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   (3)   The Disciplinary Committee may order any person found guilty by any enquiry set up under this Agreement to pay the Institute the costs and other expenses incurred in respect of the conduct of the enquiry.

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   (4)   Where a person has been suspended or excluded from membership, the Council may cause to be published in a newspaper circulating in the member state in which the person is engaged in public practice, the details of the matter giving rise to the enquiry and of the decision of the Disciplinary Committee thereon.

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   (5)   In every case where the Disciplinary Committee has exercised any of its disciplinary powers in respect of any person, the Committee shall notify that person in writing accordingly.

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   (6)   Any member of the Institute including a student, who is aggrieved by the decision of the Council pursuant to rules governing the admission to and tenure of membership of the Institute or the enforcement of disciplinary measures may, within 21 days from the day on which notice was served on him in accordance with the Rules of the Institute, appeal to the Appeal Committee.

26.   Appeal Committee

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   (1)   There shall be an Appeal Committee consisting of all the members of the Council who are not members of the Investigation and Disciplinary Committees and such other persons as may be elected to that Committee by the General Meeting.

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   (2)   The Appeal Committee shall hear and determine all appeals made to it, and its decision shall be final and binding on all the parties to the appeal.