2 Code of Practice Panel – Constitution and Procedure

2.1 The Panel consists of members of the Authority and co-optees and meets as business requires to consider complaints made under the Code.

A member of the Authority will act as case preparation manager for each case. That person must not be a member of the Panel which subsequently considers that case, nor be present when it is considered.

The names of members of the Authority and a list of persons approved for co-option to the Panel must be published on the PMCPA website.

2.2 Two members of the Panel form a quorum. Decisions are made by majority voting. The chair of the Panel has both an original and a casting vote.

If necessary the Chief Executive or a Director may co-opt an appropriate person to be a member of the Panel, from a list of persons approved for co-option.

The list of persons approved for co-option is drawn up following procedures similar to those in place for appointing members of the Authority.

2.3 The Chief Executive may obtain expert assistance in any field. Expert advisors who are consulted may be invited to attend a meeting of the Panel but have no voting rights and are subject to the same conflicts of interest provisions as the members of the Panel.

2.4 Rulings are made on the basis that a complainant has the burden of proving their complaint on the balance of probabilities.

The parties have no right to appear or be represented before the Panel.