Enforcement Committees as Disciplinary Committees
The Enforcement Committees means the Enforcement Board and the Enforcement Tribunals provided for by this [Enforcement part of the Consolidated Requirements] and the requirements made under this [Enforcement part of the Consolidated Requirements].
The Enforcement Committees are Disciplinary Committees of the Society and they shall exercise all disciplinary powers and functions conferred on the Council by the Lloyd’s Acts 1871 to 1982 and any byelaw made thereunder except –
(a) the power of the Council to confirm, modify or grant dispensation in respect of any sanction imposed by an Enforcement Committee or the Appeal Tribunal;
(b) those powers and functions which are expressed by Lloyd’s Acts 1871 to 1982 and any of the requirements of the Council to be exercisable by the Appeal Tribunal; and
(c) the power of the Council to impose administrative fines pursuant to [Consolidated Requirements Part 2 > General Operational Matters > Enforcement > Administrative Fines].
Enforcement Board
The Council shall appoint the members of the Enforcement Board and may from time to time prescribe requirements to govern –
(a) the procedure for the revocation, suspension or replacement of members of the Enforcement Board; and
(b) the commencement and conduct of enforcement proceedings before the Enforcement Board.
Functions and powers of the Enforcement Board
The Enforcement Board –
(a) shall have jurisdiction over enforcement proceedings (save the power to impose administrative fines) instituted by the Council unless and until the enforcement proceedings are referred by the Enforcement Board to an Enforcement Tribunal;
(b) may approve, reject or suggest modifications to the settlement of any enforcement proceedings;
(c) where and to the extent that it approves any settlement, shall issue a decision as to misconduct, sanctions and costs;
(d) where and to the extent that enforcement proceedings are not so resolved, shall appoint an Enforcement Tribunal to hear and determine such enforcement proceedings (and shall appoint and, if necessary, revoke the appointment of the members of that Enforcement Tribunal) and shall refer the enforcement proceedings (or such part as remains unresolved) to that Enforcement Tribunal for determination, from which time the Enforcement Tribunal shall be seised of the enforcement proceedings in place of the Enforcement Board.
Enforcement Tribunals
The Council may from time to time prescribe requirements to govern the –
(a) the membership of an Enforcement Tribunal; and
(b) the commencement and conduct of enforcement proceedings before an Enforcement Tribunal.
Powers of Enforcement Tribunals
An Enforcement Tribunal –
(a) shall hear and determine the enforcement proceedings before it in accordance with this [Enforcement part of the Consolidated Requirements]and any requirements that govern the commencement and conduct of enforcement proceedings; and
(b) may issue a decision as to misconduct, sanctions and costs.