2(1)Subject to the next following sub-paragraph, the Council shall make rules as to the procedure to be followed and the rules of evidence to be observed in proceedings before the disciplinary committee, and in particular—E+W+S
(a)for securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified by the rules, to the person alleged to be liable to have his name removed from the register;
(b)for determining who, in addition to the person aforesaid, shall be a party to the proceedings;
(c)for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the committee;
(d)for enabling any party to the proceedings to be represented by counsel or solicitor or (if the rules so provide and the party so elects) by a person of such other description as may be specified by the rules;
(e)for requiring proceedings before the committee to be held in public except so far as may be provided by the rules.
(2)As respects proceedings for the registration of a person whose name was previously removed from the register by direction of the disciplinary committee, the Council shall have power to make rules with respect to all or any of the matters mentioned in the foregoing sub-paragraph, but shall not be required to do so; and separate rules under this paragraph may be made as respects such proceedings.
3(1)For the purpose of advising the disciplinary committee on questions of law arising in proceedings before it, there shall in all such proceedings be an assessor to the committee who shall be E+W+S
[F1(a)a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or
(b)an advocate or solicitor in Scotland of at least 10 years’ standing.]
(2)The power of appointing an assessor for the disciplinary committee shall be exercisable by the Council but if no assessor appointed by the Council is available to act in any particular proceedings the committee may itself appoint an assessor qualified as aforesaid for those proceedings.
(3)Except in the case of an assessor appointed by the committee itself under sub-paragraph (2) above, an assessor may be appointed under this paragraph either generally or for any particular proceedings or class of proceedings, and shall hold and vacate office in accordance with the terms of the instrument under which he is appointed.
Textual Amendments