1. TITLE

The Union shall be called The Northumberland Union of Golf Clubs.

2. CONSTRUCTION

It shall consist of recognised Golf Clubs in Northumberland, whose enrolment in the Union shall be subject to the approval of the Executive Committee, but in the event of appeal the decision of the Council shall be final and also of individual male members of such Golf Clubs for whom those Golf Clubs have paid an affiliation fee.

3. GOVERNING BODY

The governing body of the Union shall be styled the Council, and the entire management of the Union shall be vested in it.

4. THE COUNCIL

The Council shall consist of the Officers hereinafter mentioned and of a representative from each Club in the Union. Voting on all matters considered by the Council will by each Club having one vote.

5. THE OFFICERS

The Officers of the Council shall consist of the President, Immediate Past President, such Vice Presidents recommended by the Executive Committee for special services rendered to the Union as shall be elected by the Council, the Past Presidents, and the Honorary Treasurer. The President or acting President shall have a deliberate as well as a casting vote.

6. QUORUM

A representative from each of seven Clubs shall form a quorum of the Council.

7. ANNUAL MEETING

The Annual Meeting of the Council at which at least 21 days’ notice shall be given to each Club in the Union, shall be held in the area of Newcastle upon Tyne not later than the 31st of March in each calendar year for the purpose of: –

• Receiving the report of the Executive Committee on the affairs of the Union during the preceding year and the financial statement, duly examined by a statutory auditor, for the year ending on the previous 31st October.
  Electing the Officers of the Union and Members of the Executive Committee as required by these rules, and an Auditor.
• Transacting the general business of the Union and such special business of which due notice shall have been given.
• Receiving proposals other than a request for a Special Council Meeting (See Rule 16) from Clubs for consideration by the Annual Meeting of the Council. Such proposals shall be formally submitted by a Club, accompanied by a second Club supporting the proposal and to be with the Secretary 21 days prior to the meeting. Voting on proposals put forward by Clubs will be by each affiliated Club having one vote with proxy votes allowed. In the event of a tie the President who is Chairman will have a casting vote.

8. APPOINTMENT OF OFFICERS

The President and the Honorary Treasurer shall be elected yearly at the Annual Meeting of the Council and shall hold office until the election of their successors. The Executive Committee shall appoint a Secretary on such terms as they think fit.

9. EXECUTIVE COMMITTEE

The Council’s Executive Committee shall consist of the President, the immediate Past President, five other Past Presidents elected as hereinafter provided, and the Honorary Treasurer, together with eight other members of the Council, two of whom being those with seniority of service since last elected shall retire in each year but shall be eligible for re-election by ballot at the Annual Meeting of the Council. At such election each member of the Council may give one vote only to a candidate for election but must vote for as many candidates as there are vacancies. Voting papers not fulfilling these conditions shall be declared void.
Any elected member of the Executive Committee who shall have failed to attend 50% of the Meetings of the Executive Committee during the preceding year shall forfeit his position unless he shall give to the Executive Committee a satisfactory explanation of such failure.

10. NOMINATIONS

Nominations to fill vacant positions on the Executive Committee shall be sent by Clubs, in writing, so as to be in the hands of the Secretary ten clear days before the Annual General Meeting. Nominations received after that date shall not be valid. No Club shall nominate annually more than one person for the Executive and such nominee must be a member of the Council. Clubs shall be advised before the date of the Annual Meeting of the nominations received.

11. PAST PRESIDENTS

Should there be more than five Past Presidents exclusive of the immediate Past President, and willing to be members of the Executive Committee, the Executive Committee shall elect five of such Past Presidents at their first Meeting immediately following the Annual Meeting of the Council in each year. Past Presidents will not have the right to vote at such election. Any Past President who shall have failed to attend a minimum of 50% of the Meetings of the Executive Committee during the preceding year shall forfeit his position unless he shall give to the Executive Committee a satisfactory explanation for such failure.

12. EXTENT OF POWER

The Executive Committee shall have power to deal with all matters arising in the intervals between the Annual Meetings of the Council other than those matters affecting any change to contributions or subscriptions of any kind due to the NUGC where Clubs belonging to the Union shall be consulted and a decision reached by a simple majority of Clubs entitled to vote. Five shall form a quorum of the Executive Committee. The President or acting President shall have a deliberate as well as a casting vote.

13. CO-OPTED MEMBERS

The Executive Committee shall have power to co-opt in the event of a vacancy occurring in the elected members provided that the member so co-opted shall retire at the next Annual Meeting of the Council but be eligible for re-election.

14. PROPOSED FEES

Prior, and at least 21 days before each Annual Council Meeting, the Executive Committee shall make a proposal for the annual affiliation fee to be paid by each Club to the Northumberland Union of Golf Clubs. The proposal or any subsequent amendment shall be decided by a simple majority of those Clubs entitled to vote (and voting) at the Annual Council Meeting. In the event of a tie the President who is Chairman will have a casting vote. Subscriptions shall be due on the 1st of February in each year and no Club whose subscription shall be in arrears on 1st March following or any of its members shall be entitled to vote or take part in any meetings or competitions of the Union.

15. DUTIES OF OFFICERS

The Secretary shall keep Minutes of the proceedings of the Council. He shall summon all meetings of the Council and shall prepare and send copies of the Financial Statement, duly audited to the Secretary of each Club in the Union at least twenty one days before the Annual Meeting. The Honorary Treasurer shall receive and dispose of all monies belonging to the Union in accordance with the instructions of the Executive Committee.

16. SPECIAL COUNCIL MEETING

A Special Council Meeting may be convened at any time by the President or Acting President and the Secretary must do so when requested in writing by the representatives of any three Clubs in the Union. Twenty one day’s notice of the business to be transacted at such meetings shall be given to the Clubs belonging to the Union, and only business of which such notice has been given shall be considered.

17. AMENDMENT TO RULES

No Rule of the Union shall be repealed or altered, and no new Rule shall be made, unless two thirds of the members voting at any meeting of the Council are in favour of the alteration. Twenty one day’s notice of any proposed repeal, alteration, or addition shall be given to each Club belonging to the Union.

18. BREACH OF RULES

The Executive Committee of the Union is charged with ensuring that all rules and etiquette contained both in the constitution and the regulations for County Competitions and Matches are observed. The Executive Committee is authorised to deal with any breach of rules, etiquette, discipline, or other misconduct and to impose sanctions upon any Club, Player, or Person deemed to have committed or been involved in any such breach or misconduct. Any Club, Player, or Person summoned to appear before the Executive Committee for such alleged breach or misconduct, if found guilty, may appeal to the Council of the Union. Notice of appeal must be lodged in writing with the Secretary of the Union within twenty-one days from the date of the Executive Committee decision to impose sanctions. The Secretary shall then convene a meeting of the Council in accordance with Rule 16 to consider such appeal.
The regulations for County Competitions shall be regarded as Bye Laws, and Clubs shall require no preliminary notice to be given them of any alteration in such regulations.

Children and Young People Safeguarding Policy

1. Volunteer Staff Job Application Form

2. Self Disclosure Form

3. Reference Form

4. Code of conduct for staff coaches and volunteers

5. Code of conduct for young golfers

6. Code of Conduct for parents / carers of young golfers

7. Managing Challenging Behaviour

8. Incident Report Form

9. Accident-Report-Form

10. Junior Profile and Parental Consent Forms

11. Photography Consent

12. Guidance for Parents

13. Managing Young People on Away Trips

14. Social Media Guidance

15. Whistleblowing Policy

16-England-Golf-DBS-Flowchart

17. Categories of Child Abuse

18-Union-Welfare-Officer Details

19-Safeguarding-Children-and-Young-People-A-short-guide-for-Union-Members

20. Photography Policy

21. Anti-bullying Policy

Safeguarding Children and Young People – A Short Guide for Union Members 

NUGC is committed to ensure that the sport of golf is one within which children and young people involved can thrive and flourish in a safe environment and that all children, young people and adults at risk have a fun, safe and positive experience when playing golf.

NUGC is an affiliated member of England Golf and follows the England Golf Safeguarding Children and Young People Policy and procedures. 

You might be thinking “What has safeguarding got to do with me?”

Government guidance makes it clear that ‘Safeguarding is everyone’s responsibility’.

Anyone who has a negative experience of sport at a young age is less likely to become a regular long-term participant. It’s important for the future of your Union and the sport as a whole that children and young people have an enjoyable experience. 

All Union members have a part to play in making that happen.

All adults should contribute to the Union meeting its overall duty of care, be aware of our Union’s safeguarding policy, and know what to do if they are concerned about a young person.

NUGC asks our members to 

• Familiarise yourself with the NUGC Safeguarding Policy.

The full copy of the NUGC Safeguarding Children and Young People Policy is available on our website www.nugc.org.uk  

• In particular familiarise yourself with:

1.   NUGC Codes of Conduct 

Adults should always be aware that age related differences exist and conduct themselves in a manner that both recognises this and prioritises the welfare of children and young people.

2.   Anti-Bullying Policy

NUGC believe that every effort must be made to eradicate bullying in all its forms. The Union will not tolerate bullying in any of its forms during Union matches, competitions, coaching or at any other time while at the Union.

3.   Transport Policy

The Union believes it is primarily the responsibility of parents/carers to transport their child/children to and from events.

4.   Changing Room Policy

Clubhouse changing rooms are used by all members & visitors. Wherever possible adults will avoid changing or showering at the same time as children but parents will be made aware that with limited changing room space there will be occasions when adults and children may need to share the facilities. Where a parent/carer does not consent to their child accessing the changing rooms, it is their responsibility to either supervise the child while in the changing rooms or ensure that they do not use them. 

5.   Photography, Videoing and the use of Social Media Policies

Think very carefully before contacting a young person via mobile phone, e-mail or social media. 

Do not accept children as contacts on social networking sites if you hold a position of trust with children/young people.

In general stick to group communications, copy the communication to a parent and only communicate about organisational matters.

What should I do if I’m concerned about a child or young person?

A concern may involve the behaviour of an adult towards a child at a Union event, or something that has happened to the child outside the event. 

Children and young people may confide in adults they trust, in a place where they feel comfortable.

An allegation may range from verbal bullying, to inappropriate contact online, to neglect or emotional abuse, to physical or sexual abuse.

If you are concerned about a child, it is not your responsibility to investigate further, but it is your responsibility to act on your concerns and share them.

Pass the information to the NUGC Welfare Officer, David Jackson who will follow the Union’s Safeguarding procedures.

Name:                       DAVID JACKSON

Email Address:           david@quest-advisers.co.uk

Telephone Number: 07879 681753

If you believe the child is at immediate risk of harm, call the Police. 

Other useful contacts:

NSPCC 24-hour helpline Tel: 0808 800 5000 

England Golf Lead Safeguarding Officer 01526 351824

NUGC-Children-and-Young-People-Safeguarding-Policy-v3.pdf

Equality Diversity and Inclusion Policy 2023

1. DEFINITIONS
   • In these Regulations the following words and phrases shall have the following meanings and interpretations:

2. WHO IS BOUND BY THESE REGULATIONS
   • These Regulations apply to all Members, Honorary Members, Players Participants, staff members, volunteers and contractors of the County.
   
   
3. JURISDICTION OVER DISCIPLINARY MATTERS
   • These Regulations will apply to:
     • Alleged breaches of the County Rules, Regulations, Codes and Practices, and its statement of values or standards of behaviour.
     • alleged breaches of the Rules of Golf, handicap infringements, disqualifications and any breach of the rules of a County Event;
     • any matter in which an individual engages in any conduct which is inappropriate, unlawful, unsporting or behaves in a manner which is unacceptable or opposed to the general interests of the County or which brings the County into disrepute;
     • any matter in which an individual engages in any conduct which is inappropriate, unlawful, unsporting or behaves in a manner which is which brings the sport of golf into disrepute; and
     • appeals from disciplinary decisions at golf clubs affiliated to [County Union/Association name] as permitted by Regulation [14].
   • Incidents of a safeguarding nature must be reported to the respective Local Authority Safeguarding Team and referred to England Golf Governance Team before any disciplinary action is taken under these Regulations.


4. RAISING OF COMPLAINTS
   • Any person or body may raise a complaint to be considered under these Regulations. Complaints should be made in writing, but the County will make reasonable adjustments to deal with Complaints made in other ways where appropriate.
   • when the County receives a Complaint, the County shall appoint a Disciplinary Secretary, who shall be independent of the matter, to consider the matter and decide how to proceed.


5. NEXT STEPS
   • Following appointment, the Disciplinary Secretary may, without limitation:
     • Commence an initial investigation to obtain more information or evidence
     • Contact the Respondent for a response
     • seek advice from or refer the matter to any other appropriate body
     • resolve to deal with the matter informally
     • conclude that no further action is required
     • refer the matter to a Disciplinary Panel for further action.
   • In any event the Disciplinary Secretary will record the reasons for deciding on the appropriate next steps.


6. DEALING WITH THE MATTER FORMALLY: CONSTITUTING A DISCIPLINARY PANEL
   • If the Disciplinary Secretary decides that the matter should be dealt with formally, a Disciplinary Panel will be set up to deal with the matter.
   • The Disciplinary Panel will be made up of 3 individuals, who will all be independent of the complaint of incident giving rise to the matter. One member of the Disciplinary Panel will be appointed as Chair.
   • If at any time a member of the Disciplinary Panel either declares an interest or is deemed to have an actual or potential interest by the Chair (or if it is the Chair, another member of the Disciplinary Panel) they will be replaced by another individual.


7. ISSUING A NOTICE OF CHARGE
   • Once a Disciplinary Panel has been formed the Disciplinary Secretary will notify the Complainant of the decision to deal with the matter under these Regulations, and send a Notice of Charge to the Respondent clearly setting out:
     • The Regulation, rule or provision that the Respondent is alleged to have breached; and
     • A summary of the facts or circumstances that led to the Complaint and the Charge; and
     • A description and copies of the evidence that is being relied upon to support the Charge; and
     • Confirmation that these Regulations apply to the determination of the matter; and
     • The time, date and location of any meetings that have been organised to discuss or otherwise deal with the matter; and
     • The rights of the Respondent under these Regulations to have a fair opportunity to make representations in their defence; and
     • Instructions on what the Respondent must do to either admit or deny the Charge and the deadline for indicating their response.

8. ADMITTING OR DENYING THE CHARGE
   • The Respondent shall have at least 14 days from the date of the Notice of Charge to respond and either:
     • Admit the Charge; or
     • Deny the Charge, in which case the matter will be dealt with by a full disciplinary hearing.
   • If the Respondent admits the Charge, the Disciplinary Panel may deal with Decisions and Sanctions under Regulation [11]. The Respondent may make written representations in mitigation within 7 days from accepting the Charge or having been deemed to accept the Charge.
   • If the Respondent does not accept the Charge, the Disciplinary Panel will call a Disciplinary Hearing in accordance with Regulations [9-10].
   • If the Respondent does not respond to the Notice of Charge within the time period outlined at Regulation [1] above, the Disciplinary Panel may call a Disciplinary Hearing and may treat the Respondent as admitting the Charge.
   • If there are multiple Charges, the Respondent may admit or deny all or some of the Charges. The Disciplinary Panel may deal with Charges that are Admitted and Denied separately.
   • The Disciplinary Panel may deal with a disciplinary matter by way of an oral hearing either conducted in person or by audio or video conference call, or deal with the matter by way of written submissions, whichever method is most appropriate and proportionate to the issues at hand and considering the needs and wishes of the Respondent and any other witnesses in deciding how to deal with the hearing.


9. NOTICE FOR DISCIPLINARY HEARINGS
   • The Disciplinary Panel will give reasonable notice of any hearing or deadline for written submissions and should consider at least one re-scheduling to take into account prior commitments.

10. ORAL DISCIPLINARY HEARINGS
    • The Respondent may be represented by a third party at any oral hearing, whether or not that person is a member of the County (the “Representative”), and the Representative may make submissions but not give evidence on behalf of the Respondent.
    • The Respondent may be accompanied by another Member for support (the “Friend”), but the Friend may not make representations on behalf of the Respondent.
    • The procedure for an oral hearing will be at the discretion of the Chair. A standard hearing procedure which may be followed is set out in the Appendix to this document.
    • Regardless of the procedures followed, the Respondent must be given a fair opportunity to make representations and present evidence in their defence. The Respondent must also be given the opportunity to review and challenge evidence in support of the Complaint and Charge.
    • If the Respondent does not attend the hearing as arranged above, provided that the Disciplinary Panel is satisfied that notice of the hearing was received it may proceed and decide the case in the absence of the Respondent.


11. DECISIONS AND SANCTIONS
    • The Disciplinary Panel may reach such decision and/or impose such sanctions as it sees fit, including without limitation, to:
      • Dismiss the Charge as unproven;
      • Issue a warning or reprimand in respect of the misconduct or rule breach committed;
      • Suspend or exclude the Respondent from the County and/or County Competitions, Tournaments, Teams, meetings or other activities;
      • Suspend or exclude the Respondent from holding office within the County (including Clubs within the County) for a specified or indefinite period of time;
      • Suspend the Respondent’s Membership of the County, and/or their ability or authority to attend the Clubs within the County and exercise playing rights at Clubs within the County for a defined period;
      • Permanently expel the Respondent from the County;
      • Suspend or place restrictions on the Respondent’s handicap for a defined period of time; and/or
      • A combination of any of the above or any other disciplinary action as considered appropriate by the Disciplinary Panel as appropriate.
    • The decision taken by the Disciplinary Panel in relation to sanctions must be reasonable and proportionate in all the circumstances. The Disciplinary Panel will give reasons for its decision.
    • The decision of the Disciplinary Panel may be communicated to the Respondent orally at any oral Hearing, but must, in any event, be communicated in writing within a reasonable time of the decision being made.
    • If a right of appeal exists from the decision, the written decision must set out how that right can be exercised.
    • Consideration should be given in cases of significant Disciplinary nature to provide England Golf with the particulars of the case and the sanction imposed. This is particularly important where additional sanctions may be applied outside the County boundary or where there may have been repeat events in other Counties.


12. MATTERS INVOLVING YOUNG PERSONS OR ADULTS AT RISK – This section needs to be read in conjunction with the County Safeguarding Policy.
    • Where a disciplinary matter involves a Young Person and/or Adult at Risk of Harm, the Disciplinary Panel must be mindful of the needs of the person in question and take these into account when deciding:
      • The format of proceedings;
      • Whether any action is taken against such a Young Person or an Adult at Risk of Harm;
      • Whether any provisions in these Regulations should be varied.
    • The Disciplinary Panel should inform the County Welfare Officer or, in their absence, the England Golf Safeguarding team of the circumstances surrounding the Young Person and/or the Adult at Risk of Harm before taking any action under these Regulations.
    • Written permission should be obtained from any parent / carer of a Young Person or Adult at Risk of Harm where such person is asked to provide evidence and / or attend a hearing. Where a Young Person or Adult at Risk of Harm is asked to attend a hearing, they shall be afforded the opportunity to do so accompanied by any parent / carer and the Disciplinary Panel shall make sure that the Young Person or Adult at Risk of Harm fully understands the process taking place.

• For the avoidance of doubt, the refusal of the parent, Young Person or Adult at Risk of Harm to co-operate shall not preclude County from taking disciplinary action against the Young Person or Adult at Risk of Harm.

13. APPEALS– ENGLAND GOLF FRAMEWORK
    • Decisions which relate to the Rules of Golf or to handicapping infringements fall within the England Golf Disciplinary Framework and are subject to a right of appeal as set out below.

• If the Respondent wishes to appeal a decision of the Disciplinary Panel in respect of a matter within the England Golf Disciplinary Framework, the provisions of Part 3 of the England Golf Disciplinary Regulations will apply.
• The party seeking leave to appeal (“the Appellant”) shall serve a Notice of Appeal in writing on the governance department of England Golf via disciplinary@englandgolf.org within 10 working days following receipt of the written grounds of the decision against which the appeal is being made.
• The Notice of Appeal must:
  • State the date and decision of the Disciplinary Panel against which the appeal is lodged;
  • set out one or more of the grounds of appeal below and any further evidence on which the Appellant wishes to rely, together with reasons why the ground of appeal(s) applies. The grounds of appeal are as follows:
    • The decision was based on error of fact or could not have been reasonably reached by a Disciplinary Panel when faced with the evidence before it;
    • Serious procedural or other irregularity in the proceedings before the Disciplinary Panel;
    • Significant and relevant new evidence has become available which was not available before the conclusion of the hearing but, had it been available, may have caused the Disciplinary Panel to reach a materially different decision; and/or
    • The sanction imposed was manifestly unreasonable in the light of the facts before the Disciplinary Panel.
  • Set out the statement of facts upon which the appeal is based, specifying whether the appeal is against finding and sanction or just sanction alone, and include any supporting documentation upon which the appellant will rely;
  • Be accompanied by payment of £500 made payable to England Golf (“the Deposit”). The Deposit will be held by England Golf and repaid to the appellant if the appeal panel so decides. Payment details are available on request via disciplinary@englandgolf.org.
• The England Golf Disciplinary Regulations will apply thereafter to any appeal.
• For appeals from a County Disciplinary Panel for matters outside of the England Golf Disciplinary Framework, that is where no right of appeal to England Golf applies, the provisions of Regulation 14.2 – 14.12 will apply.

14. APPEALS TO THE COUNTY
    • EITHER [1] The County acts as the appeal body for all disciplinary matters arising within its Clubs. OR [2] The County acts as an appeal body only for those matters arising at its member Clubs where those matters fall within the England Golf Disciplinary Framework. For any matters falling outside the England Golf Disciplinary Framework, individuals will need to have regard to their club’s own disciplinary regulations.
    • The party seeking leave to appeal (“the Appellant”) shall serve a Notice of Appeal in writing on the County within 10 working days following receipt of the written grounds of the decision against which the appeal is being made.
    • The Notice of Appeal must:
      • State the date and decision against which the appeal is lodged;
      • set out one or more of the grounds of appeal below and any further evidence on which the Appellant wishes to rely, together with reasons why the ground of appeal(s) applies. The grounds of appeal are as follows:
        • The decision was based on error of fact or could not have been reasonably reached by a disciplinary panel when faced with the evidence before it;
        • Serious procedural or other irregularity in the proceedings under appeal;
        • Significant and relevant new evidence has become available which was not available before the conclusion of the hearing but, had it been available, may have caused a disciplinary panel to reach a materially different decision; and/or
        • The sanction imposed was manifestly unreasonable in the light of the facts before the disciplinary panel.
      • Set out the statement of facts upon which the appeal is based, specifying whether the appeal is against finding and sanction or just sanction alone, and include any supporting documentation upon which the appellant will rely.
      • The County will appoint a Disciplinary Secretary with respect to the appeal. The Disciplinary Secretary will consider whether the matter is within the England Golf Disciplinary Framework. [if OR option [2] selected above If the Disciplinary Secretary considers that the matter falls outside the England Golf Disciplinary Framework, he will reject the appeal and inform the Appellant and the Club of his decision, with reasons.] If the matter falls within the England Golf Disciplinary Framework, the Disciplinary Secretary will inform England Golf via disciplinary@englandgolf.org. England Golf may, at its discretion, determine that it should hear the appeal in which case the England Golf Disciplinary Regulations will apply thereafter.
      • The Disciplinary Secretary will then consider whether one or more of the grounds of appeal have been established in the Notice of Appeal and that it otherwise complies with the requirements of Regulation [3]. If, in the reasonable opinion of the Disciplinary Secretary at least one ground of appeal has been established, the Disciplinary Secretary will appoint an Appeal Panel. The Appeal Panel will comprise 3 individuals who have had no prior involvement and have no actual or potential interest in the matter.
      • The Appeal Panel shall determine whether an appeal of a Disciplinary Panel decision shall be by way of review only or a full re-hearing of all the evidence presented to the Disciplinary Panel, with due consideration being given to any requests made by any relevant party.
      • An Appeal Hearing may deal with an appeal on the basis of written submissions from the Appellant and the Respondent or by way of an oral hearing. If any party requests an oral hearing, then this will be facilitated unless exceptional circumstances mean that an oral hearing is impracticable.

• The procedure for an Appeal Hearing shall be flexible and shall be at the discretion of the Appeal Panel, who may make such decisions as necessary to ensure the orderly and effective conduct of the hearing, subject to the overriding requirement of fairness. The Appeal Panel will then outline the basic procedure of the Hearing.

• The standard hearing procedure for disciplinary hearings set out in the Appendix may also be followed by the Appeal Panel at their discretion.
• The Appeal Panel shall have the power to:
  • Dismiss the appeal;
  • Remit the matter for a re-hearing by the Disciplinary Panel;
  • Remit the matter for a re-hearing by a new Disciplinary Panel made up of different individuals than those originally appointed;
  • Substitute an alternative finding;
  • Reduce or increase the original sanction; and/or
  • Make such further order as they consider appropriate.
• The decision of the Appeal Panel may be communicated at the Hearing, but must, in any event, be communicated in writing within 7 days of the hearing or deliberation of written submissions taking place.

15. MISCELLANEOUS PROVISIONS
    • The Panel will make decisions by a simple majority of over 50%. The Panel may give a single decision and is not obliged to disclose to the Respondent how individual members of the Panel voted or whether the decision was a majority decision or a unanimous decision.
    • The standard of proof in all cases before the Panel is the balance of probabilities.
    • Any timescales or deadlines set in respect of matters dealt with under these Regulations may be extended in the light of all material circumstances of the case and the individuals involved in the case.
    • The Panel may, where it deems appropriate bearing in mind all the circumstances of the matter, request an independent person to act as adviser to the Panel.
    • The Panel is not obliged to follow strict rules of evidence. It may admit such evidence, and attribute such weight to any piece of evidence, as it deems fit in the circumstances.
    • The County will not be liable to any person, Member or Participant for any loss, however, caused, whether direct, indirect, financial or consequential arising out of or in connection with any matters taken under these Regulations.
    • Any relevant contact details for the Disciplinary Secretary and any other relevant parties shall be available from the County and communicated to Members from time to time and upon request.
    • The laws of England & Wales shall apply to these Regulations.

• If deemed to be required, prior to any hearing, the Panel will set appropriate deadlines for the submission of any written evidence / representations requested from the Disciplinary Secretary or the Respondent.

• The hearing will be convened by the Panel at a time suitable to the parties and communicated to the parties by the Disciplinary Secretary.

• The case against the Respondent will be presented by the Disciplinary Secretary, together with relevant evidence, including witness evidence, if appropriate.

• The Respondent will be granted the opportunity to present its case, challenge the evidence presented against them, submit their own evidence, call witnesses and make representations to the Panel. The evidence of further witnesses not notified in accordance with the Regulations will be admitted only at the discretion of the Chair of the Panel.

• A Representative representing a Respondent at a hearing may present and sum up their case, but they may not answer questions put to the Respondent.

• Before being called, witnesses will not be allowed in the room while evidence is being given. This does not apply in relation to the Complainant or Respondent.

• Questions may be put by the Panel to the Respondent and each witness on conclusion of their evidence.

• The Respondent will have the opportunity to raise questions in cross-examination.

• The Panel may limit cross-examination as it deems appropriate.

• The Respondent and the Disciplinary Secretary will be allowed to make a closing statement to the Panel.

• The room will be cleared and the Panel will deliberate and determine whether, on the balance of probabilities, the disciplinary charge has been proven.

• The hearing will reconvene and the Chair of the Panel will either communicate its decision to the parties at the end of a hearing or notify the decision in writing at a later date as set by the Panel.

• Where a charge is proven the Respondent will have the opportunity to present arguments in mitigation.

• The Panel will review the Respondent’s previous disciplinary record, where relevant, to consider sanctions.

• The room will again be cleared and the Panel will determine the appropriate sanction.

• A record kept of all disciplinary proceedings and hearings and decisions.

Disciplinary Procedures

See our Privacy Policy here