If on assessment a matter is judged to be capable of conciliation this will be done on terms agreeable to both parties. If the assessment is that there are no grounds for investigation you will be advised of this explaining the reasons for the decision and the matter will be closed.
The Investigation and Professional Conduct Enforcement Committee
If an investigation has been carried out by the Investigation and Professional Conduct Enforcement Committee the Committee may:
a) Issue a formal written warning to the Member. You will be advised that a warning has been issued and the case will be closed.
b) Issue a Consent Order in terms agreed with the Member. The Member may accept a finding in which he is admonished, or reprimanded, or is issued with a financial penalty, or he may make a voluntary surrender of his practising rights in a particular field or as a Member. You will be advised in the event that a Consent Order is made.
c) In more serious cases the Committee will itself proceed with a formal complaint to the Chairman of the Discipline Panel and the Member will be required to appear before a Disciplinary hearing. You will be advised that a formal complaint is proceeding.
Professional Misconduct or Professional Incompetence
If a Member is found guilty of Professional Misconduct or Professional Incompetence at a disciplinary hearing, Rule 72(1) of the Institute’s Rules states:
“Upon finding a formal complaint proved in whole or in part, a Discipline Tribunal may make any one or more of the following orders concerning the defender as it considers appropriate in all the circumstances.
(A) If the defender is a Member:-
(i) that he be expelled from the Institute;
(ii) that he be excluded from membership of the Institute;
(iii) that he be suspended from membership of the Institute for such period, not exceeding one year, as the Tribunal thinks fit;
(iv) that any practising certificate held by him be withdrawn or that specified conditions be attached to such certificate;
(v) that he be ineligible for a practising certificate;
(vi) that any insolvency permit or entitlement held under the Audit Regulations held by him be withdrawn;
(vii) that he be severely reprimanded;
(viii) that he be reprimanded;
(ix) that he be admonished;
(x) that he be required to pay the Institute as a penalty such sum as the Tribunal may determine.”
Section 72(1) of the Rules also provides for sanctions against a CA student, an authorised firm or a registered auditor, details of which can be accessed by referring to Chapter XII of the Rules of the Institute.
Members who have been found guilty of professional misconduct or professional incompetence have a right of appeal under Section 73 of the Rules of the Institute.
Contact us
If you would like further information please contact us on our Complaints helpline on 0131 347 0271.