Health Committee Rules

ILEX has a procedure whereby it can undertake an investigation into a members fitness to practice. The investigation will be carried out in accordance with the following rules: 

1. Rules shall apply where information is received by the Council about a member which raises a question of whether the fitness to practice of the member is seriously impaired by reason of his physical or mental condition.

2. Unless it appears to the Council that the matter need not < proceed further, the Council shall consider the matter in accordance with these Rules.

3. If the information received is considered by the Council to be of such gravity and urgency the Council may immediately suspend a member's membership.

4. If the information received is not considered by the Council to justify immediate suspension, the Council shall follow the procedure as set out in these Rules.

5. The Council shall send a notice by recorded delivery to the member:

(a) Informing him that information has been received which appears to raise a question as to whether his fitness to practice is seriously impaired by reason of his physical or mental condition and indicating the nature of the alleged condition.

(b) Inviting the member to furnish to the Council with medical reports on his fitness to practice.

(c) Inviting him to submit any observations or other evidence which he may wish to offer as to his fitness to practice.

(d) Informing him that if he does not reply within 14 days or fails without proper cause to provide medical reports, the matter will be considered by the Council on the information available, and that the Council has the power to suspend his membership.

6.(a) At the expiry of the time limit referred to in Rule 5 above, the Council shall determine whether the member's fitness to practice is seriously impaired.

(b) Where the member has not produced any medical reports, the Council shall be entitled, if they think fit, to find that the member's fitness to practice is seriously impaired on the basis of the information before them and the member's refusal or failure to submit medical reports.

(c) If the Council judged the member's fitness to practice to be seriously impaired, the Council may suspend the member's membership for the protection of members of the public or in the member's own interest.

7. The decision of the Council in Rule 6 above shall be immediately notified to the member.

8. The Council may review any member's suspension of its own volition or at the request of a member at any time.

9. (a) On receipt of a notification of suspension received under paragraph 7, the member may appeal to the Health Committee of the Institution of Legal Executives to review the decision of the Council by lodging Notice of Appeal.

(b) The Health Committee should sit as soon as is practicable to review the decision of the Council.

(c) The Health Committee may take all relevant matters into consideration in coming to its decision.

(d) Where a member has refused or failed to produce medical reports as to his fitness, the Health Committee shall be entitled to find that the member's fitness to practice is seriously impaired on the basis of the information before them and the member's refusal or failure to provide medical reports.

(e) The Health Committee may uphold the decision of the Council to suspend the member or make any such order as it sees fit.

(f) The Health Committee shall sit in private, unless it considers that the public interest requires that it be heard in public.

10. The Health Committee shall consist of three members from the Disciplinary Tribunal of whom two should be lay members and one should be a Council member. 

11. A suspended member is still subject to membership obligations under Article 18D.