members' guide to disciplinary procedures

68 Pages·2009·0.43 MB·English

members’ guide to disciplinary procedures
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Introduction
The aim of this guide is to help you in the event of a complaint being made against
you. All references to ‘you’ should be read to include members, firms, registered
students and affiliates, unless the contrary is indicated.
This guide summarises the investigative If you have any questions in connection
and disciplinary structure and procedures with your case, please contact the
of ACCA which are detailed in bye- investigating officer handling your case.
laws 8 to 11, The Chartered Certified Please note, however, that he/she is
Accountants’ Disciplinary Regulations not authorised or able to give you legal
2001 and The Chartered Certified advice; you should seek this from an
Accountants’ Appeal Regulations 2006, independent source, if required.
which are set out at the back of this
guide. It is intended to be a general This guide is published annually and is
summary only and in case of doubt you up to date as at 1 January 2008. The
should refer to the bye-laws/regulations next edition is scheduled to be issued on
themselves. In the event of any conflict 1 January 2009.
between the content of this guide and
the content of the ACCA Rulebook, the
latter shall at all times take precedence.
The ACCA Rulebook can be found on our
website at www.accaglobal.com.
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ACCA’s disciplinary structures
The bye-laws and regulations of ACCA bind members, firms, registered students and
affiliates and include provisions relating to disciplinary action. In addition, certain non-
members expressly agree to be bound by, and be subject to, ACCA’s disciplinary regime
and consequently ACCA firms may be disciplined for the conduct of a non-member.
The disciplinary process may be initiated including you, the complainant and the
by an external complaint made to ACCA, press. Should a complaint against you
for example from a client or another be referred to such a Committee, copies
accountant. Alternatively, it may be of the report to the Committee will be
initiated from within ACCA itself, for given to you or your representative, the
example as a result of a monitoring Committee members, the lay observer
visit to a practice. In all instances, and the ACCA staff dealing with your
ACCA’s professional conduct department case. Some documentation may also be
investigates the complaint. given to any witnesses. Any other parties
attending the hearing, including the
LAY OBSERVER complainant, will not be supplied with
The lay observer is an independent documentation.
solicitor, who is responsible for
monitoring fairness and impartiality in Given that Committee members may refer
ACCA’s investigative and disciplinary to your affairs and/or your clients’ affairs
procedures. The lay observer attends in public, you may wish to consider
Committee meetings and reports annually requesting that certain documents are
to ACCA’s Council. treated in strict confidence or even that
the hearing or part of it is conducted
CONFIDENTIALITY in private. This would mean that no
As a general rule, ACCA’s disciplinary members of the public, including the
procedures are private and confidential. complainant, would be allowed to attend,
This means that the correspondence but the Committee members, lay observer
and documentation which you or your and ACCA staff would attend.
representative exchange with ACCA may
not be disclosed to or discussed with Please note that hearings are held in
third parties. private only in certain circumstances.
The Committee will consider the
An important exception to the general reasonableness of your request and you
rule is that most Disciplinary and will be informed if it is accepted.
Appeal Committee hearings will be held
in public, which anyone may attend
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ACCA’s disciplinary structures
PUBLIC INTEREST CASES
The Accountancy and Actuarial Discipline
Board (AADB) in the UK and the Irish
Auditing and Accounting Supervisory
Authority (IAASA) in Ireland have the
power to take over the disciplinary
process from ACCA if the complaint made
appears to raise serious issues affecting
the public interest. This will include, for
example, complaints involving significant
losses to a public limited company
or other public organisation such as
a national charity, or to a significant
number of members of the public.
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The investigation
An investigating officer will initiate the investigation by sending you a copy of the
complaint and asking for your comments and explanations.
During the course of the investigation, to an assessor, you will be informed
unless a specific request is received of the reasons for this decision. The
to the contrary and that request is complainant will be given an opportunity
reasonable, it is the professional conduct to request that the investigating officer’s
department’s usual practice to send to decision is reviewed by an assessor.
the complainant for comment copies
of letters and documents received from If the investigating officer decides to refer
you, and to send to you for comment allegations to an assessor, a report will be
copies of letters and documents received prepared for the assessor’s consideration.
from the complainant. ACCA will not The assessor is responsible for deciding
normally provide you with copies of whether there is a case to answer and,
letters and documents which it sends to if so, whether to refer the case to the
the complainant, or vice versa, as they Disciplinary Committee. A copy of the
are private and confidential. report to be considered by the assessor
will be sent to you in advance in order
Although the time taken to investigate to give you an opportunity to submit
will depend on the circumstances and written representations for the assessor’s
complexity of each complaint, the consideration.
usual duration of an investigation is
approximately six months. Where civil or ACCA aims to ensure that members
criminal proceedings concerning a matter under investigation are treated fairly
are pending, the investigation may be put and that the investigation is impartial.
on hold until they are resolved. If you are unhappy with the way the
investigation has been handled you may
Once all the required information has request that a review of the professional
been received, the investigating officer conduct department’s handling of an
will consider the evidence and decide investigation is carried out by an assessor
whether to refer allegations to an with no previous involvement in the case.
independent assessor. Such a review is limited to the handling
of the investigation and is not a way of
If the investigating officer considers in all appealing against another assessor’s
the circumstances that the investigation decision.
should be concluded without referral
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The investigation
ACCA will not accept any notice of
resignation or notice seeking removal
from the student, affiliate or membership
register where there is a complaint
against you or your firm, until such
time as the matter has been concluded.
This is in accordance with Membership
Regulation 10(3).
The professional conduct department’s
address and telephone number are set
out below:-
ACCA
29 Lincoln’s Inn Fields
London WC2A 3EE
tel: [phone]
fax: [phone]
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The assessors
The independent panel of assessors is comprised of individuals with a wide range of
expertise, including insolvency, accountancy and law. Assessors are appointed by the
Appointments Committee.
Each assessor’s role is to consider the i to refer the matter to the Disciplinary
cases referred to him/her and to decide Committee for a formal hearing; or
whether the evidence against you is
ii to rest the matter on your file.
sufficiently strong that you should be
called on to answer it.
In addition, the assessor may refer the
matter to ACCA’s practice monitoring
The Assessor may direct the professional
department.
conduct department to carry out further
investigations before reaching a decision,
REFERRAL TO DISCIPLINARY
including calling for further information.
COMMITTEE
In these circumstances, consideration
If the assessor refers allegations to the
of your case will be adjourned until the
Disciplinary Committee, you will be
information sought by the assessor is
informed of the date of the hearing.
received.
You will also be given the opportunity
to contact the Clerk to the Disciplinary
NO CASE TO ANSWER
and Regulatory Committees. The Clerk
If the assessor finds there is no case to
is not part of the professional conduct
answer, you and the complainant will be
department and does not take part in
informed of the reasons for this decision.
the investigative process. The Clerk is
If the complainant is unhappy with the
not able to give you legal advice, but can
decision, he will have the right to request
provide assistance to you on procedural
that it is reviewed by a second assessor.
matters and help you understand the
If the decision of no case to answer is
allegations against you.
upheld, that is the end of the matter and
no record of it for disciplinary purposes
REST ON FILE
will be retained on your file.
This option is reserved for allegations
which the assessor considers render
A CASE TO ANSWER
you liable to disciplinary action but are
If the assessor determines that there
not serious. Whilst no action will be
is sufficient evidence to support the
taken on this occasion, the allegations
allegations (i.e. that there is a case to
may subsequently be referred to the
answer) the assessor has two alternative
Disciplinary Committee in the event of
courses of action:
a further matter concerning you being
brought to ACCA’s attention.
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The assessors
If the assessor decides to rest the
allegations on your file, you and the
complainant will be informed of the
reasons for this decision. If you are
unhappy with the decision, you will have
the right to request that the allegations
are referred to the Disciplinary Committee
for consideration in open hearing. If
the complainant is unhappy with the
decision, he will have the right to request
that it is reviewed by a second assessor.
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Disciplinary Committee
The Disciplinary Committee is independent of ACCA. It has a minimum of four
members, but usually comprises five or six members, of which at least one must be
an accountant (there are usually two) and the majority must be non-accountants
including at least one lawyer. The non-accountants are known as lay members of the
Committee. The Committee’s function is to hear cases referred to it by the assessors. It
will assess your conduct and determine whether the allegations against you have been
made out. If the Committee finds the allegations proved, it will impose the appropriate
sanction(s) by reference to the published Guideline Disciplinary Sanctions, which can
be found on ACCA’s website at www.accaglobal.com/members/professionalstandards/
committees.
The sanctions available to the In respect of registered students, the
Disciplinary Committee are set out in sanctions include:
regulation 5(9) of the Chartered Certified
• that you be removed from the student
Accountants’ Disciplinary Regulations
register;
2001. In respect of members, the
sanctions include: • that you be severely reprimanded,
reprimanded or admonished;
• that you be excluded from
membership; • that a specified period shall not be
reckoned as part of your approved
• that you be severely reprimanded,
accountancy experience;
reprimanded or admonished;
• that you are ineligible to sit
• that you be fined a sum not exceeding
examinations for a specified period;
£50,000;
and
• that you pay compensation to the
• that you are disqualified from an
complainant of up to £5,000 to reflect
examination(s).
any inconvenience suffered; and
• that your fees to the complainant be In respect of firms and affiliates, the
waived or reduced. sanctions are slightly different from those
above and you are advised to consult
In considering whether to make an order regulation 5(9).
that you compensate the complainant,
the Disciplinary Committee will consider Disciplinary investigations are time
any inconvenience suffered by the consuming. The Disciplinary Committee
complainant as a result of your failure to has the power pursuant to regulation
observe proper standards. 5(10) to order you to pay the costs
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