The Board's Professional Conduct Committee
Sanctions are available to the Board under Part III of the Act against any person on the register who is found guilty under section 15 of unacceptable professional conduct or serious professional incompetence, or else has been convicted with a criminal offence which has relevance to fitness to practise.
Although a criminal conviction is an objective criterion, no statutory definition is given that defines the level of professional conduct or incompetence that will attract a sanction, judgment in the matter being given to the Board's Professional Conduct Committee, subject to commonsense, reason and judicial review.
The PCC is constituted under the Act, Schedule 1 Part II, as amended. The Committee includes members of the Board, both elected and appointed, as well as persons appointed by the Board and nominees of the President of the Law Society. A bare quorum of the Committee meets for a disciplinary hearing, comprising a nominee of the President of the Law Society (invariably a solicitor), a person from the Register and another not on the Register. PCC members are paid for their service.
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