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Amendment of section 20 of Act of 2007
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84. Section 20 of the Act of 2007 is amended—
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(a) in subsection (4)(b), by the substitution of “section 59A(1)(c) or 67(1)(c)” for “section 67(1)(c)”,
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(b) by the deletion of subsection (6),
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(c) in subsection (8), by the deletion of “, including the chairperson,”, and
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(d) by the insertion of the following subsections after subsection (14):
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“(15) (a) Where the Council establishes a subcommittee of a committee, that subcommittee may perform any of the functions of that committee as if it were that committee, and every reference in this Act to that committee shall, unless the context otherwise requires, be construed as including a reference to that subcommittee.
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(b) Subject to paragraph (d), where a subcommittee of the Preliminary Proceedings Committee is established pursuant to rules made under section 11, that subcommittee may perform any of the functions of that Committee as if it were the Preliminary Proceedings Committee, and every reference in this Act to the Preliminary Proceedings Committee shall, unless the context otherwise requires, be construed as including a reference to the subcommittee.
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(c) Subject to paragraph (d), where a subcommittee of the Fitness to Practise Committee is established pursuant to rules made under section 11, that subcommittee may perform any of the functions of that Committee as if it were the Fitness to Practise Committee, and every reference in this Act to the Fitness to Practise Committee shall, unless the context otherwise requires, be construed as including a reference to that subcommittee.
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(d) Neither paragraph (b) nor (c) shall be construed as entitling a subcommittee referred to in that paragraph to itself establish a subcommittee.
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(16) Where the term of office of one or more members of a committee ends during the consideration of a matter, including the consideration of a complaint under Part 7 or 8, the Council shall decide—
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(a) that the member or members may continue in office beyond the expiration of his or her term, or their terms, for so long as is required for the committee to finish consideration of the matter,
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(b) that the committee, as constituted without that member or those members, shall continue to consider that matter provided that the committee can achieve a quorum, or
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(c) that the consideration of that matter be stopped and that a new constituted committee begin to consider the matter once the vacancy or vacancies created by the expiration of the term or terms has or have been filled,
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and any decision of the committee on that matter following the Council’s decision shall be valid as if no term of office had so expired.
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(17) On the expiration of the term of office as a Council member of a person who is a member of a section 20(2) committee, that member may continue in office as a member of that committee beyond the expiration of the term so long as it is required for the committee to finish the consideration of a matter being considered by it on the date of that expiration, and the decision of the committee on that matter concerned shall be as valid as if the term of office as a member of the Council had not expired.
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(18) The Council may dissolve a committee other than a section 20(2) committee.”.
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