Code of Professional Conduct

The Institute’s Council has approved (17 November 2007) the new Code of Professional Conduct shown here, with effect from 1 January 2008. The Code will apply to members of the Chartered Institute, and also to Chartered Linguists and to Registrants on the National Register of Public Service Interpreters (NRPSI) whether or not they are members of the Chartered Institute.

The Code of Professional Conduct is supported by disciplinary procedures applicable to members of the Chartered Institute, Chartered Linguists and Registrants on NRPSI. The disciplinary procedures were approved by the Council on 17 November and will be available on this website as soon as possible.

PREAMBLE

The Code set out below is intended to regulate the professional conduct of members of the Chartered Institute of Linguists, Chartered Linguists who are members of the Chartered Institute or of other organisations, and registrants on the National Register of Public Service Interpreters (NRPSI).

The Code comes into effect on the following dates:

• For Chartered Linguists, who may be members of the Chartered Institute of Linguists and/or the Institute of Translation and Interpreting and/or the Association Internationale d’Interprètes de Conférence, the Code comes into effect on 19 November 2007.

• For members of the Chartered Institute of Linguists who are not Chartered Linguists the Code comes into effect on 1 January 2008.

• For registrants on the NRPSI the Code comes into effect on 1 January 2008.

The Code will remain in force until amended or abrogated by the Council. Notice of amendment will be made on the website of the Chartered Institute and through other appropriate means. Amendments will normally come into effect three months after approval by the Council.

By resolution of the Council of the Chartered Institute of Linguists, 17 November 2007.

Definitions

1.1 The “Chartered Institute” means the Chartered Institute of Linguists.

1.2 “ITI” means the Institute of Translation and Interpreting.

1.3 “AIIC” means the Association Internationale d’Interprètes de Conférence.

1.4 “NRPSI” means the National Register of Public Service Interpreters.

1.5 A “Practitioner” is a person in any of the categories in 2.1 carrying out work in a professional capacity.

1.6 A “Principal” is the person or body from whom a Practitioner accepts work.

1.7 The term “work” means either activity in a professional capacity as a linguist – this includes translation, interpreting (including remote interpreting), teaching, sub-titling, voice-over, editing, proofreading, revision, transcreating, using languages when conducting business, and any other professional activity requiring the application of language skills – or the product of that activity, such as a translation. The interpretation of the term will be determined by the context.

1.8 The “Code” means this Code of Professional Conduct or the Code for the time being in force.

1.9 A “Public Service Interpreter” means an interpreter who works in the context of public services, such as the legal profession, health services and local government related services, which include housing, education, welfare, environmental health and social services

General Framework

2.1 The Code shall apply to members of the Chartered Institute of Linguists and Chartered Linguists recorded on the Register of Chartered Linguists maintained by the Chartered Institute; such persons may be members of the Chartered Institute, and/or of the Institute of Translation and Interpreting (ITI) and/or of the Association Internationale d’Interprètes de Conférence (AIIC); and registrants on the National Register of Public Service Interpreters (NRPSI) maintained by the Chartered Institute, in regard to their duties, responsibilities and conduct as members of the Chartered Institute, Chartered Linguists and/or registrants on the NRPSI, as applicable.

2.2 The Code prescribes standards of professional conduct that must be adhered to in order to:maintain the integrity of the profession, and provide assurance of professional standards to users of language services and to the public at large. Alleged contraventions of the Code will be addressed through the disciplinary procedures applicable. Not every alleged shortcoming on the part of a Practitioner will necessarily give rise to disciplinary proceedings.

2.3 The Code will be supported by a Guide to Good Practice and operating guidelines for specialist areas of practice (e.g. conference interpreting) issued from time to time by the Chartered Institute, ITI or AIIC.

Over-arching Principles

3.1 Practitioners, in recognition of their responsibility to society, their clients, their colleagues and the professional bodies of which they are members or registrants, shall always act with integrity and in accordance with the high standards appropriate to practitioners within the profession.

3.2 Practitioners shall be of good character and shall not bring the status of Chartered Linguist, the bodies named in 2.1 or the profession generally into disrepute by conducting themselves in a manner at variance with the high standards expected of a professional person.

3.3 Practitioners found guilty of a criminal offence may be deemed to be in breach of the principle set out in 3.2. Practitioners have a duty to report any unspent conviction (as defined by the Rehabilitation of Offenders Act 1974) to the Chartered Institute and/or the NRPSI, according to the Practitioner’s membership and/or registration. Chartered Linguists, whatever their membership body or bodies, must report matters under this heading to the Chartered Institute. The relevant body or bodies will act in accordance with the disciplinary procedures applicable to determine, having regard to all the circumstances, what action (if any) shall be taken.

3.4 Practitioners shall not knowingly or negligently act in a way that is likely to be detrimental to the profession of linguist, to the reputation of the Chartered Institute or its members as a whole, to the status of Chartered Linguist, to the NRPSI or to the status of registrant on the NRPSI, or to the officers of the bodies concerned. This clause shall not preclude or prohibit the lawful exercise of the right to free expression and reasonable debate.

3.5 Except in fulfilment of a definable professional duty or where there is a clear public interest, Practitioners shall not knowingly and wilfully act in a way that is likely to damage the reputation of a member of the Chartered Institute, a Chartered Linguist, a registrant on the NRPSI or an officer of any of the bodies concerned. This clause shall, however, not preclude or prohibit the lawful exercise of the right to free expression and reasonable debate.

3.6 Practitioners shall not accept or carry out work which they believe might render them liable to prosecution for criminal behaviour, which might incur civil liability or which contravenes the United Nations Universal Declaration of Human Rights.

3.7 Practitioners shall not accept any work which would, directly or indirectly, infringe the Code, and shall not knowingly act in contravention of the Code, even if asked or instructed to do so by a Principal.

3.8 Practitioners shall only accept work which they believe they have the competence both linguistically and in terms of specialist knowledge or skill to carry out to the standard required by the client, unless they are to sub-contract the work under the terms of 4.6 or they are informed that their work will be revised by a person with the competence required to ensure that the work will satisfy the standards set out in this Code.

3.9 The competence to carry out a particular assignment shall include: a sufficiently advanced and idiomatic command of the languages concerned, with awareness of dialects and other linguistic variations that may be relevant to a particular commission of work; the particular specialist skills required; and, where appropriate, an adequate level of awareness of relevant cultural and political realities in relation to the country or countries concerned.

3.10 Practitioners shall disclose any potential conflict of interest or other factor which may make it inappropriate for them to accept work in a particular case.

3.11 Subject to 3.13, Practitioners shall treat as confidential any information they acquire through a commission of work. They shall not disclose such information to a third party unless instructed by the Principal to do so, and provided that such disclosure would not be unlawful or infringe the rights of any party concerned. Such information may include, for example, working practices, lists of clients, commercial secrets and manufacturing or technological processes.

3.12 Practitioners shall at all times act impartially and shall not act in any way that might result in prejudice or preference on grounds of religion or belief, race, politics, gender, age, sexual orientation or disability otherwise than as obliged to in order faithfully to translate, interpret or otherwise transfer meaning .

3.13 Practitioners shall respect confidentiality at all times and shall not seek to take advantage of information acquired during or as a result of their work. The duty of confidentiality shall not terminate on the completion of a commission of work and shall persist, where appropriate, beyond the cessation of membership or registration as in 2.1.

3.14 The duty of confidentiality shall not apply where disclosure is required by law.

3.15 Except as described under 5.7, Practitioners are solely responsible for work whether it is carried out by the Practitioner or delegated or sub-contracted.

Obligations to Principals

4.1 Practitioners shall at all times strive to produce work of the highest standard, and shall ensure that the Principal is aware of any factor that may affect the standard of the work produced.

4.2 Practitioners are obliged (3.12 above) to carry out all work contracted to them with impartiality and shall immediately disclose to the Principal any factor which might jeopardise such impartiality. This shall include any financial or other interest they may have in the work contracted to them.

4.3 Practitioners are obliged (3.13 above) to treat work contracted to them with complete confidentiality and shall use their best endeavours to ensure that such confidentiality is also observed by others, whether checkers, revisers, editors or any other individuals employed by the Practitioner on a permanent or freelance basis or to whom work has been sub-contracted or delegated.

4.4 Practitioners shall carry out any consultation that may be necessary (for example on language or terminological difficulties) in a manner such that confidentiality is safeguarded.

4.5 Practitioners shall not sub-contract work without the prior consent of the Principal.

4.6 Practitioners shall only sub-contract or delegate work to another person who they have good reason to believe has the necessary competence and is subject to this Code or a comparable code of professional conduct.

4.7 Practitioners shall endeavour to complete work by agreed dates and in accordance with other agreed terms, and shall advise Principals in good time of any delay or need to amend the agreed terms.

4.8 Practitioners shall not, other than in exceptional circumstances, withdraw from or fail to complete a commission of work once accepted, without reasonable notice to the Principal.

ANNEX 1 - Translators

5.1 In accordance with the provisions of 3.8 above, Practitioners who are translators shall only carry out work which they believe is within their linguistic and relevant specialist competence, or which is to be checked by someone with the relevant knowledge or competence.

5.2 Except as in 5.3, Practitioners shall work only from the language(s) for which they are registered with the relevant body or bodies in 2.1, and only into their language of habitual use.

5.3 Notwithstanding the provisions of 5.2, if a Principal requests that the Practitioner translate out of a language in which the Practitioner is competent at the required level but which is not registered as in 5.2, or if a Principal requests that the Practitioner translate out of his or her language of habitual use (as may occur if the Principal believes that a mother-tongue translator will have a better understanding of the text), the Practitioner may proceed provided that the conditions of 5.1 are satisfied and that the Principal has been made aware of the potential disadvantages of proceeding in disregard of the principle expressed in 5.2.

5.4 Practitioners shall to the best of their ability render a faithful translation of the source text. This shall apply to both meaning and register except where a literal rendering or a summary is specifically required by the Principal.

5.5 Practitioners shall use their best endeavours and judgement to draw it to the attention of the Principal by appropriate means when the source text contains elements that need to be taken into account in carrying out the translation, such as ambiguities, factual inaccuracies, linguistic errors, imprecise terminology or language that in the judgement of the Practitioner expresses prejudice with reference to generally accepted anti-discrimination norms.

5.6 Practitioners shall not make any direct contact with a client or clients of a Principal without the Principal’s express agreement.

5.7 If a Practitioner discovers at any stage that changes have been made to the final text of his or her translation without prior agreement, he or she shall inform all interested parties that he or she is no longer responsible for the text in the terms of 3.15.

ANNEXX II - Interpreters

6.1 Practitioners who are interpreters shall only carry out work which they believe is within their linguistic and the relevant specialist competence.

6.2 Practitioners shall, other than in exceptional circumstances, only interpret between the language(s) for which they are registered with the Chartered Institute, ITI, AIIC or NRPSI.

6.3 Notwithstanding the provisions of 6.2, if a Principal requests that the Practitioner interpret between languages in which the Practitioner is competent at the required level but which are not registered as in 6.2, the Practitioner may proceed provided that the conditions of 6.1 are satisfied and that the Principal has been made aware of the potential disadvantages of proceeding in disregard of the principle expressed in 6.2.

6.4 Practitioners shall interpret truly and faithfully what is uttered, without adding, omitting or changing anything; in exceptional circumstances a summary may be given if requested.

6.5 Practitioners shall ensure that they understand the relevant procedures of the professional context in which they are working, including any special terminology.

6.6 Where the Practitioner’s lack of relevant background knowledge is such as to impair significantly his or her ability to carry out the commission of work, he or she shall inform all relevant parties and withdraw.

6.7 Practitioners shall disclose any difficulties encountered with dialects or technical terms and, if these cannot be satisfactorily remedied, withdraw from the commission of work.

6.8 Practitioners shall observe any special rules and protocols relating to interpreting in the professional context relevant to a particular commission of work.

6.9 Practitioners carrying out work as Public Service Interpreters or Conference Interpreters, or in other contexts where the requirement for neutrality between parties is absolute, shall not enter into discussion, give advice or express opinions or reactions to any of the parties that exceed their duties as interpreters; Practitioners working in other contexts may provide additional information or explanation when requested, and with the agreement of all parties, provided that such additional information or explanation does not contravene the principles expressed in 6.4.

6.10 Practitioners shall, in advance where practicable, seek to ensure that the necessary conditions for effective interpreting are provided (e.g. being seated where they can see and be heard clearly; provision for adequate breaks, etc). Where this is not the case the interpreter shall make it known to the parties concerned and, where the deficiency is likely to be a serious impediment to effective interpreting, shall withdraw from the commission of work.

6.11When a Practitioner withdraws from a commission of work in the circumstances described in the clauses above, and where the Practitioner has been commissioned by a Principal, the Practitioner shall inform the Principal of the withdrawal, and the reasons for it, in writing, as soon as possible.

6.12 Practitioners shall not interrupt, pause or intervene except:

6.12.1to ask for clarification;

6.12.2 to point out that one party may not have understood something which the interpreter has good reason to believe has been assumed by the other party;

6.12.3 to alert the parties to a possible missed cultural reference or inference; or

6.12.4 to signal a condition or factor which might impair the interpreting process (such as inadequate seating, poor sight-lines or audibility, inadequate breaks etc.).

6.13 Practitioners shall not delegate work, nor accept delegated work, without the full and informed consent of the Principal; where practicable such consent should be in writing.

ANNEX III - Public Service Interpreters

7.1 In addition to the principles above, Practitioners who are Public Service Interpreters shall:

7.1.1 when working in the legal system, disclose to the Principal at the outset any previous involvement in the same matter;

7.1.2 disclose immediately if the interviewee or their immediate family is known or related to the Practitioner;

7.1.3 refer the Principal, or their clients as applicable, back to the NRPSI, should they be unable to accept an engagement or commission of work, or complete a commitment; the Practitioner shall inform the Principal, either direct or through the client; where practicable such notification should be in writing;

7.1.4 not accept any form of inducement or reward, whether in cash or otherwise, for interpreting work other than payment from the Principal.

ANNEX IV - Teachers, Trainers and Lecturers

8.1 The Code shall apply to Practitioners who are teachers, trainers and lecturers in their work as professional linguists both in its general prescriptions and, where applicable, in the prescriptions for translators and interpreters.

8.2 Practitioners are also expected to comply with the codes of conduct and good practice to which they are subject in their professional educational domain.

ANNEX V - Practitioners in Business, the Professions and Government

9.1 The Code shall apply to Practitioners in Business, the Professions and Government in their work as professional linguists both in its general prescriptions and, where applicable, in the prescriptions for translators and interpreters.

9.2 Practitioners are also expected to comply with the codes of conduct and good practice to which they are subject in their professional domain.

DISCIPLINARY FRAMEWORK AND PROCEDURES

Framework and Procedures for Enforcing the Code of Professional Conduct for members of the Chartered Institute of Linguists, Chartered Linguists, and Registrants on the National Register of Public Service Interpreters

Approved by Council 17 November 2007 –Effective date: 17 November 2007

Amended by Council 7 February 2009

Amended by Council 28 November 2009

CONTENTS

Definitions

SECTION A. Introduction

SECTION B. Framework of Disciplinary Procedures

SECTION C. Procedural Principles

SECTION D. Powers of Committees

SECTION E. Disciplinary Committees of the Chartered Institute

Appointment of Committees

Professional Conduct Committee

Disciplinary Committee

Disciplinary Appeals Committee

SECTION F. Disciplinary Committees of NRPSI

Appointment of Committees

Professional Conduct Committee

Disciplinary Committee

Disciplinary Appeals Committee

SECTION G. Making a Complaint

SECTION H. Procedures of Committees

SECTION I. Mediation

SECTION J. Hearings

SECTION K. Appeal

DEFINITIONS

Chartered Institute
The Chartered Institute of Linguists.

ITI
The Institute of Translation and Interpreting.

AIIC
The Association Internationale d’Interprètes de Conférence.

NRPSI
The National Register of Public Service Interpreters (NRPSI Ltd.), a subsidiary company of the Chartered Institute. “NRPSI” may also denote, according to the context, the register of Public Service Interpreters maintained by the company. A NRPSI registrant (registrant on the NRPSI) is a person on the register.

Council
Unless otherwise indicated, the Council means the Council of the Chartered Institute.

Board
Unless otherwise indicated, the Board means the Board of NRPSI.

Charter
The Charter of the Chartered Institute.

Chartered Linguist
A person on the Register of Chartered Linguists maintained by the Chartered Institute.

Code of Professional Conduct ("the Code")
The Code of Professional Conduct of the Chartered Institute and NRPSI that is currently in force.

Complaint
The utterance or delivery of an allegation of professional misconduct in relation to the Code, or the allegation itself.

Allegation
An allegation of professional misconduct in relation to the Code (see also complaint, above).

Complainant
A person or other legal entity making a complaint. A Complainant may be an individual, a company or other corporate body or institution or an individual representing a company or other corporate body or institution.

Defendant
A person who is the subject of a complaint.

Friend
A person nominated by the Complainant or by the Defendant to assist them at a hearing. The context will determine whether reference to Friend of the Complainant or Friend of the Defendant is intended.

Chief Executive
The Chief Executive of the Chartered Institute and of NRPSI. When actions have been delegated by the Chief Executive the term “Chief Executive” shall be interpreted as referring to the person delegated to act on behalf of the Chief Executive. In the event that a different person holds the post of Chief Executive in each organisation the interpretation of the term shall be determined by the context.

Working day
Any day from Monday to Friday excluding public holidays in England and Wales, and days when the Chartered Institute is closed.

SECTION A – INTRODUCTION

A.1 The Chartered Institute is committed to the highest possible standards of professional conduct. To this end it has adopted a Code of Professional Conduct and the disciplinary framework and procedures set out herein.

A.2 The Code of Professional Conduct is binding on the members of the Chartered Institute, Chartered Linguists (who may be members of the Chartered Institute and/or of the Institute of Translation and Interpreting and/or of the Association Internationale d’Interprètes de Conférence).

A.3 The Code of Professional Conduct is, by decision of the Board of NRPSI, binding on registrants on the NRPSI, regardless of whether they are members of the Chartered Institute.

A.4 All persons subject to the Code are also expected to have due regard to any Guide to Good Practice and further guidelines issued by the Chartered Institute and/or NRPSI, as applicable, from time to time.

A.5 Any alleged misconduct brought to the attention of the Chartered Institute or NRPSI, by whatever means, will be dealt with through the procedures set out herein.

A.6 The framework and procedures set out herein will remain in force until further resolution of the Council and/or the Board, as applicable.

A.7 The framework and procedures may be amended by resolution of the Council and/or the Board, as applicable. Reasonable notice of such amendment shall, other than in very exceptional circumstances (as shall be determined by the Council or the Board), be given to the persons who are subject to the Code of Professional Conduct by means of the website of the Chartered Institute or NRPSI or otherwise, as appropriate.

SECTION B – FRAMEWORK OF DISCIPLINARY PROCEDURES

B.1 The disciplinary procedures described herein are applicable to:

• members of the Chartered Institute;

• Chartered Linguists (who may be members of the Chartered Institute, or of the ITI or of AIIC, or of more than one of these, or of such other professional body or bodies that may, under the terms of the Charter, be deemed in the future to satisfy the requirements);

• registrants on the NRPSI (who may or may not be members of the Chartered Institute and may or may not be Chartered Linguists).

B.2 When a complaint or allegation of professional misconduct is made against a person who belongs to more than one of the above categories, procedures will be applied as follows.

(a) For members of the Chartered Institute who are not Chartered Linguists

Committees and panels will reach conclusions, decide on actions and make recommendations in regard to the standards required of a member of the Chartered Institute.

(b) For Chartered Linguists who are members of the Chartered Institute

Committees and panels will reach conclusions, decide on actions and make recommendations first in regard to the standards required of a Chartered Linguist and then in regard to the standards required of a member of the Chartered Institute.

(c) For Chartered Linguists who are not members of the Chartered Institute

Committees and panels will reach conclusions, decide on actions and make recommendations in regard to standards required of a Chartered Linguist.

(d) For NRPSI registrants who are members of the Chartered Institute

Registrants who are members of the Chartered Institute are subject to the disciplinary procedures of both the Chartered Institute and the NRPSI. The NRPSI disciplinary procedures will normally be applied first. When an allegation of misconduct as a result of disciplinary proceedings by the NRPSI is upheld, a report will be forwarded to the Chartered Institute and/or to the ITI, as appropriate. The assessment of the NRPSI Disciplinary Committee will be taken into account by the Chartered Institute and the disciplinary procedures applicable to a member of the Chartered Institute may be invoked.

(e) For NRPSI registrants who are not members of the Chartered Institute

In the case of NRPSI registrants who are not members of the Chartered Institute the disciplinary procedures of the NRPSI will apply alone.

B.3 The Chartered Institute will respect and act proportionally in regard to decisions reached through NRPSI disciplinary proceedings concerning NRPSI registrants who are members of the Chartered Institute, or who are Chartered Linguists.

B.4 When an allegation of misconduct is upheld as a result of disciplinary proceedings by the Chartered Institute, a report may, by agreement of the panel, be forwarded to the ITI and/or AIIC as appropriate. A copy of the proposed report shall be sent to the Defendant before it is so forwarded and the Defendant shall be offered the opportunity to comment on the content and/or the wording within 10 working days. Due note shall be taken of any comment made by the Defendant when forwarding a report to the ITI and/or AIIC.

SECTION C – PROCEDURAL PRINCIPLES

C.1 The procedures set out here shall be followed as far as is practicable. The Chair of a committee or panel may vary these procedures when he or she deems this to be necessary. Such variation shall be recorded in the written record of the proceedings.

C.2 Disciplinary committees and panels shall consist as far as is practicable of an odd number of members. Decisions shall be by majority of votes; the Chair shall have a second, casting vote in the case of equality of votes.

C.3 The deputy Chair of a committee may act in place of the Chair when appropriate. In the following, the term Chair shall mean the deputy Chair when that person is acting as Chair.

C.4 A panel shall act with the authority of the committee from which the panel was constituted in regard to the complaint for which it was convened.

C.5 No person may serve on more than one committee or panel in regard to a particular complaint.

C.6 No person may be appointed to panel when that person has a connection with the Defendant or Complainant or a person who is party to the complaint such as would be likely to prejudice fair consideration of the complaint, or when there is any conflict of interest, bias or other factor such as would be likely to prejudice or to appear to prejudice fair treatment of the complaint to be considered.

C.7 Discretion will rest with the Chair of a Committee when appointing a panel to decide whether conflict of interest or other relevant factor exists in regard to intended panel members. In the case of dispute the Chair of Council shall decide the issue and his or her decision shall be final.

C.8 Where a lay person is appointed to a committee designated herein, he or she shall be selected by open advertisement or by reference to an appropriate independent organisation. A lay person for these purposes is a person who is not a member of the CIOL, ITI or AIIC, and has no significant connection with any of these.

C.9 The appointment of lay members is subject to the same conditions of appointment as other committee members except that lay members may be remunerated at the rate determined by Council.

C.10 In the event that neither the Chair nor the deputy Chair of a committee or panel is able to serve on a particular occasion, the Chair shall delegate the responsibility to another member of the committee or panel. In case of objection to such delegation by any member or members, an alternate Chair shall be appointed by the Chair of Council or the Chair of the Board, as applicable.

C.11 Disciplinary hearings are conducted in private and are confidential. Hearings will be recorded and the recording will be retained as part of the record of the complaint.

C.12 The outcome of proceedings in respect of an allegation that is upheld will be made public by the Chartered Institute and/or by NRPSI, as applicable, on their websites or otherwise. A copy of the proposed report shall be sent to the Defendant in advance, and the Defendant shall be offered the opportunity to comment on the content and/or the wording within 10 working days. Due note shall be taken of any comment made by the Defendant. No report will be published in respect of an allegation that is not upheld.

C.13 The record of an allegation that is upheld will be held on the member’s or registrant’s file subject to the provisions of the Data Protection Act.

C.14 The conclusions of a panel or committee shall be written by the Chair or another member of the panel or committee delegated by the Chair. No administrative officer of the Chartered Institute or NRPSI shall be present during the deliberations of a panel or committee or during the writing of its report.

C.15 Other than as provided for in C.11, the Chief Executive will be responsible for the administration of disciplinary procedures, including the compilation and distribution of statements and other documentation, arrangements for hearings and meetings, note taking, record keeping and correspondence on behalf of panels and committees. The Chief Executive may delegate some or all of these duties to senior staff members as appropriate.

C.16 Members of disciplinary committees will be reimbursed travel and subsistence expenses at the rate agreed by Council or the NRPSI Board. Other than lay members, as prescribed in C.8 and C.9, members of committees within this framework will not be remunerated.

C.17 Remuneration may be made to an external person appointed under the provisions of E.12(b) below who is asked, under the provisions of E.16 to take part in the hearing of a complaint. Such remuneration shall be subject to the approval of Council or of the Chair of Council acting on its behalf.

C.18 The Defendant may appoint a person as Friend to accompany him or her at hearings of the Disciplinary Committee or the Disciplinary Appeals Committee.

C.19 The Chartered Institute or NRPSI, as applicable, may appoint a lay person to represent it at hearings of the Disciplinary Committee or the Disciplinary Appeals Committee in relation to a particular allegation. This person shall stand in the same relation to the Chartered Institute or NRPSI as the Friend does to the Defendant (C.18). The costs involved will be a matter for the Chartered Institute or NRPSI, as applicable.

C.20 The Chartered Institute and/or NRPSI will not reimburse either the Complainant or the Defendant in respect of any legal or other costs incurred in preparing or presenting the complaint or defence; nor will the Chartered Institute and/or NRPSI reimburse any costs relating to travel or subsistence in connection with a hearing.

C.21 Committees and panels may consult external advisers or specialists, and invite external advisers or specialists to attend as witnesses, when this is considered necessary. Such persons shall not take part in the discussion of the committee’s or the panel’s findings. The travel and subsistence expenses of external advisers and specialists shall be paid. Reasonable professional fees may be paid, as necessary.

C.22 A complaint involving a practitioner based overseas may be considered entirely upon the basis of written submissions, at the discretion of the relevant committee.

C.23 A complaint may be considered entirely upon the basis of written submissions if this is requested by the Defendant and the Complainant agrees.

C.24 Members of committees are expected, whenever practicable, to undertake such training and briefing on relevant matters as may be organised by the Chartered Institute or NRPSI, as applicable, from time to time.

SECTION D – POWERS OF COMMITTEES

This section defines the powers of disciplinary committees of the Chartered Institute and of NRPSI to be applied as appropriate by each of these as applicable.

D.1 The Professional Conduct Committee may determine, in regard to a complaint:

(a) that there is no evidence, or insufficient evidence of a breach of the Code, such that no further action should be taken and the parties should be so advised; the committee may, if it deems appropriate, offer guidance to one or both parties; or

(b) that there is evidence of a breach of the Code but that it is not of sufficient severity to necessitate referral to the Disciplinary Committee; the Committee may at its discretion decide that advice or warning should be given to the practitioner; or

(c) that the matter should be referred to the Disciplinary Committee.

D.2 The Disciplinary Committee may determine, in regard to an allegation:

(a) that the allegation is not upheld and the complaint is dismissed; or

(b) that the allegation is upheld or partly upheld and that one of the following measures should apply:

(i) that the Defendant be admonished;

(ii) that the Defendant be suspended from membership or registration for a period determined by the Committee;

(iii) that the Defendant be excluded from membership or registration, with the possibility of application for reinstatement after a period determined by the Committee and subject to conditions determined by the Committee; the minimum period of exclusion under this clause shall normally be two years;

(c) that the complaint was malicious; if the Committee so decides it shall determine what action, if any, should be taken against the Complainant.

D.3 The Disciplinary Appeals Committee may determine:

(a) that the conclusion of the Disciplinary Committee be quashed and the allegation be dismissed; the Disciplinary Appeals Committee may, at its discretion, offer advice or guidance to one or both parties; or

(b) that the conclusion of the Disciplinary Committee is confirmed, but that the penalty imposed be amended in such manner as the Committee shall determine; or

(c) that the conclusion of the Disciplinary Committee and the penalty imposed be confirmed.

SECTION E – DISCIPLINARY COMMITTEES OF THE CHARTERED INSTITUTE

Appointment of Committees (Chartered Institute)

E.1 The disciplinary committees of the Chartered Institute are the Professional Conduct Committee, the Disciplinary Committee and the Disciplinary Appeals Committee

E.2 The Chairs, deputy Chairs and members of the committees are appointed by the Council, normally at its first meeting after the AGM each year, and normally hold office until the corresponding meeting the following year. Chairs and members of disciplinary committees may be re-appointed provided that they continue to satisfy the criteria for appointment.

E.3 In the case of need to fill a casual vacancy, an appointment may be made by the Council, or by the Chair of Council. An appointment made by the Chair of Council will be reported to Council at its next subsequent meeting and will continue to be valid after that date only if confirmed by Council. An action taken with the involvement of a person appointed to fill a casual vacancy will be valid notwithstanding the subsequent decision by Council not to confirm the appointment.

E.4 A member of a committee who wishes to resign must notify the Chair of Council in writing, if possible with at least six weeks’ notice, through the Chief Executive.

Professional Conduct Committee (Chartered Institute)

Terms of Reference of the Professional Conduct Committee

E.5 The Professional Conduct Committee will investigate complaints laid against Chartered Linguists or members of the Chartered Institute to assess whether there is evidence of a breach of the Code of Professional Conduct such as would justify consideration by the Disciplinary Committee.

E.6 A complaint referred to the committee will be considered by a panel of three persons selected from the members of the committee by the Chair or, in the event that the Chair is unavailable or deems it inappropriate for whatever reason that he/she should act in a particular instance, by the deputy Chair. In selecting and appointing members to a panel the provisions of C.6 and C.7 above shall be observed.

E.7 The committee may refer its findings to the Disciplinary Committee, or take other appropriate action , as below.

Composition of the Professional Conduct Committee

E.8 The committee shall consist of not less than five and not more than seven persons:

(a) the Chair, who shall be a member of Council;

(b) at least one other member of Council, who shall be deputy Chair;

(c) one or two Fellows of the Chartered Institute or Chartered Linguists who are members of the Chartered Institute; persons in this category may or may not be members of Council;

(d) two persons appointed on the proposal of the ITI and/or AIIC.

E.9 The committee shall be able to act notwithstanding the existence of a vacancy or vacancies in its membership, provided that at least three persons in categories E.7 (a) and (b) are currently members of the committee.

Procedures of the Professional Conduct Committee

E.10 The procedures of the committee are as described in Section H.

Disciplinary Committee (Chartered Institute)

Terms of reference of the Disciplinary Committee

E.11 The Disciplinary Committee will consider allegations of professional misconduct referred to it by the Professional Conduct Committee and make such decisions as fall within its powers.

Composition of the Disciplinary Committee

E.12 The committee shall consist of not less than seven persons who are not members of the Professional Conduct Committee:

(a) the Chair and the deputy Chair who shall both be members of Council, and

(b) not less than two and not more than three lay members, as defined in C.8; Council may have regard to legal qualifications and experience in appointing a person in this category, and

(c) not less than three persons who are members of Chartered Institute Divisions, appointed by Council on the proposal of the committees of the Divisions; Council shall endeavour as far as is practicable to ensure that there is representation from each Division, and

(d) not less than one person from the ITI and/or one person from AIIC, appointed by Council on the proposal of those bodies.

E.13 The committee shall be able to act notwithstanding the existence of a vacancy or vacancies in its membership, provided that at least three persons in categories E.11 (a) and (c) are currently members of the committee.

E.14 A complaint referred to the committee will be considered by a panel, normally consisting of three persons, selected from its members by the Chair. If the Chair deems this to be necessary a panel of five persons may be convened.

E.15 The Chair shall endeavour to ensure so far as is practicable that an appropriate panel is selected on each occasion, in relation to the complaint and the category of person against whom it is made. A committee member may not serve on a panel when he or she has any connection with the Defendant or a person or body who is party to the complaint, or where there is the possibility of bias or the appearance of bias.

E.16 The following shall be applied as far as is practicable:

• a panel convened to investigate an allegation against a member of the Chartered Institute who is not a Chartered Linguist shall normally consist of the Chair or deputy Chair and two persons from category (c) in E. 11;

• a panel convened to investigate an complaint concerning a Chartered Linguist shall normally consist of the Chair or deputy Chair and one person from each of categories (c) and (d) in E.11; the person from category (d) shall normally be a member of the body (or one of the bodies) of which the person who is the subject of the complaint is a member;

• a panel convened to investigate a complaint brought by the Council shall, so far as is possible, consist of persons who are not members of Council and be chaired by a person who is not a member of Council. When appropriate the Chair of the Committee will, as provided in C.6 above, delegate chairing of the panel to an external person appointed under E.11(b) above.

E.17 The Chair shall endeavour to ensure, as far as is practicable, that a reasonable rotation is maintained among members of the committee.

Procedures of the Disciplinary Committee

E.18 The procedures of the committee are as described in Section J.

Disciplinary Appeals Committee (Chartered Institute)

Terms of reference of the Disciplinary Appeals Committee

E.19 The Disciplinary Appeals Committee will decide on appeals against the decisions and/or actions of the Disciplinary Committee.

Composition of the Disciplinary Appeals Committee

E.20 The committee shall consist of five persons:

(a) the President of the Chartered Institute who shall be Chair of the committee;

(b) a Vice-President of the Chartered Institute, who shall be deputy Chair;

(c) the Chair of Council or a Vice-Chair of Council;

(d) one person who is the chair or an officer of a Chartered Institute Division;

(e) one person who is either a member of Council of the ITI or an officer of the UK and Northern Ireland Bureau of AIIC, or the nominee of either of these.