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Schedule 4

(Section 36(3))

THE DISCIPLINARY COMMITTEE

1. Constitution and membership

(1) The Committee shall consist of 7 members appointed by the Chief Justice after consultation with the Council.

(2) The appointed members of the Committee shall include 3 members of the Council.

(3) Subject to subparagraph (4) the other appointed members of the Committee shall be attorneys-at-law of not less than 10 years standing.

(4) The chairperson and vice chairperson of the Committee shall be appointed by the Chief Justice after consultation with the Council and shall be members who have held high judicial office or, are attorneys-at-law of not less than 10 years standing.

2. Term of office

Subject to this Schedule the members of the Committee shall hold office for a period not exceeding 3 years, and are eligible for re-appointment.

3. Power of Disciplinary Committee to sit in Districts

(1) For the purposes of hearing applications made under section 37 of this Act, the Committee may sit in the 2 Districts.

(2) Subject to the directions of the Council, the chairperson of the Committee shall determine the composition of each District.

(3) Each division is entitled to hear and determine any application and is entitled to exercise all powers of the Committee; and any hearing by or determination or order of such division shall be deemed to be a hearing by or a determination or order of the Committee.

4. Resignation

A member of the Committee may at any time resign his or her office by letter addressed to the Chief Justice and to the chairperson of the Committee.

5. Revocation of appointment

The Council may, if it thinks it expedient so to do and with the approval of the Chief Justice, at any time revoke the appointment of any member of the Committee.

6. Filling of vacancies

Where an appointed member of the Council vacates his or her seat before the expiration of his or her term of office a person similarly qualified to him or her shall be appointed in a similar manner to fill the vacancy for the remainder of that term of office.

7. Publication of membership

The names of all members of the Committee as first constituted and every change in membership thereof shall be published in the Gazette.

8. Liability for default of Committee

A member of the Committee shall is not personally liable for any act or default of the Committee done or omitted to be done in good faith in the performance of its functions under this Act.

9. Proceedings at meetings

(1) The Committee shall meet in private at such times as may be expedient for the transaction of business and such meeting shall be held in such places and times and on such days as the Committee shall determine.

(2) The chairperson or, in his or her absence, the vice-chairperson shall preside at meetings of the Committee.

(3) If, at any meeting of the Committee, the chairperson or vice-chairperson is for any reason unable to act as such, the members present may elect one of their members to preside at that meeting.

(4) The quorum for a meeting of the Committee shall, subject to paragraph 3, be 4.

(5) The validity of any proceedings of the Committee shall not be affected by any vacancy among the members thereof or by any defect in the appointment of a member thereof.