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Schedule of amendments to CIMA – Complete details

Schedule of amendments to CIMA

Schedule of amendments to CIMA :

Aims of the syllabus The aims of the syllabus for the CIMA Professional Chartered Management Accounting qualification 2010 are:

• To provide for the institute, an adequate basis for assuring society that those admitted to membership are competent to act as management accountants for entities, whether in manufacturing, commercial or service organisations, in the public or private sectors of the economy.

• To enable the institute to examine whether prospective members have an adequate knowledge, understanding and mastery of the stated body of knowledge and skills.

• To enable the institute to assess whether prospective members have completed initial professional development and acquired the necessary work based practical experience and skills.

Schedule of amendments to CIMA’s Byelaws, Members’ Regulations and Council Regulations – October 2009

BYELAWS

Schedule of amendments to CIMA – BEFORE Schedule of amendments to CIMA – AFTER
1(r)‘complaint’ means an allegation that a Member or Registered Student is guilty of misconduct, and may comprise several allegations;‘complaint ‘ means an allegation (and may include several allegations) which has been received by, or raised by, the Institute that a Member or Registered Student is guilty of misconduct and which is in a form which has been determined under Members’ Regulation 6.3.1 to be put to such Member or Registered Student for response;
1(s)‘complainant’ means a person making a complaint;‘complainant’ means a person making a complaint and may include the Institute;
1(x)‘misconduct’ means a failure to comply with the Laws of the Institute and/ or conduct by any Member or Registered Student resulting in any conviction, or adverse finding by, sanction or order of, or undertaking to any tribunal or court or other body or authority, which the Institute considers relevant to their membership of, or registration with, the Institute;‘misconduct’ means, in respect of any Member or Registered Student:

(i)      failure to comply with the Laws of the Institute; or

(ii)     conduct resulting in any conviction (or adverse finding by, or sanction or order of, or undertaking to, any tribunal or court or other body or authority) which the Institute considers relevant to the membership of or registration with the Institute;

14AN/A – New ByelawA Member of Registered Student shall report to the Institute any facts or matters which cause him reasonably to believe that another Member or Registered Student may have been guilty of misconduct (as defined by Byelaw 1(x)) and when considering making such a report, shall have regard to guidelines issued in this connection by the Institute.
24Any special Resolution (as defined by the Charter) which shall be proposed for consideration by the Members may be so considered either (if the Council may think fit) at an Annual General Meeting of the Institute or at some Meeting. In each case notice of the intention to propose such Special Resolution shall be given to the Chief Executive in such manner and time as may be prescribed by the Members’ Regulations at the time when notice of the Meeting is given to the Members.Any 25 Members acting jointly may propose, in writing to the Chief Executive, that the Charter, Byelaws or Members’ Regulations be amended by Special Resolution. The Council shall ensure that the proposal, or a version of it agreed with the proposers, is included in the business of the next forthcoming Annual General Meeting or of the subsequent Annual General Meeting.

 Schedule of amendments to CIMA

MEMBERS’ REGULATIONS

BEFOREAFTER
5.1The application fees and annual subscriptions for Fellows and Associates shall be determined by the Institute in General Meeting from time to time.The application fees and annual subscriptions (‘fees’) for Fellows and Associates shall be determined by the Institute in General Meeting from time to time, provided that the Council shall have discretion:

(i)      to vary the method by which fees are collected;

(ii)     to authorise the collection of fees in currencies other the GB pounds; and

(iii)   to reduce the subscriptions payable by Members or specified groups of Members.

6.1In accordance with guidance provided from time to time by the Council, the Appointments Committee appointed under Council Regulations shall appoint the Chairman, Vice-Chairman and other members of an Investigation Committee, a Disciplinary Committee, and an Appeal Committee (“conduct committees”). The Appointments Committee may exercise its powers under this Regulation from time to time and shall ensure that:

(i)      no member of Council shall be appointed to a conduct committee;

(ii)     no person shall simultaneously be a member of more than one conduct committee;

(iii)   the Chairman and Vice-Chairman of the Appeal Committee shall hold legal qualifications satisfactory to the Appointments Committee.

Unless an initial period of appointment of one of two years is considered by the Appointments Committee to be required to secure the rotation of members, a member of a conduct committee shall be appointed to serve for a period of not less than three years nor more than five, provided that the Appointments Committee may on an exceptional basis extend the maximum period. Membership of a conduct committee may be terminated on reasonable grounds by the Appointments Committee.

In accordance with guidance provided from time to time by the Council, the Appointments Committee appointed under Council Regulations shall appoint the Chairman, Vice Chairman and other members of an Investigation Committee, a Disciplinary Committee, and an Appeal Committee (“conduct committees”). The Appointments Committee may exercise its powers under this Regulation from time to time and shall ensure that:

(i)      no member of Council shall be appointed to a conduct committee;

(ii)     no person shall simultaneously be a member of more than one conduct committee;

(iii)   the Chairman and Vice-Chairman of the Appeal Committee

shall hold legal qualifications satisfactory to the Appointments Committee.

A member of a conduct committee shall serve for such period as may be determined by the Appointments Committee, and may be removed by the Appointments Committee at any time on reasonable grounds.

 Schedule of amendments to CIMA

Schedule of amendments to CIMA – BEFORESchedule of amendments to CIMA – AFTER
6.3Unless in the course of the initial administrative processing of a complaint against a Member or Registered Student it is revealed that the Member or Registered Student in question has died or is seriously unwell and that, in the light of evidence produced to this effect, it is not appropriate to proceed, such complaint shall be referred to the Investigation Committee who shall consider it and, having made such further enquiries as it shall see fit, may reach one of the following findings:

(i)      that there is no prima facie case to answer;

(ii)     that:

a.  the respondent may have committed an act of misconduct, and the complaint raises or reappears to raise serious issues affecting the public interest in the United Kingdom, and the complaint should be referred to an organisation set up for the purposes of Article 4(d) of the Charter,

b.  after receiving notice in writing from any such organisation of its decision that the matter be dealt with by that organisation, the Committee suspend its investigation of the complaint;

(iii)   that there is a prima facie case to answer and the respondent should be invited in accordance with Council Regulations, or payments of costs, without further proceedings under these Regulations;

(iv)   that there is a prima facie case to answer and the complaint be referred to the Disciplinary Committee.

      When an allegation against a Member or Registered Student is received or raised by the Institute, appropriate administrative procedures shall be followed with a view to determining the terms of a complaint to be put to the Member or Registered Student for response. If it is not possible to reach such a determination, or the allegation is withdrawn or not pursued, the Institute may close the file relating to the matter.

If, at any time after an allegation has been received, or after a complaint has been put to a Member or Registered Student, circumstances arise which in the opinion of the Institute make it clearly inappropriate to proceed, the file may be put in abeyance or closed. Such circumstances would include, but are not limited to, the death or ill-health of the Member or Registered Student concerned.

After a Member or Registered Student has either responded to a complaint or, having been given a period of time considered reasonable by the Institute to respond, has failed to do so, the complaint shall be referred to the Investigation Committee for consideration.

The Investigation Committee may, on considering a complaint, require the Institute to obtain further specified information or to undertake inquiries on its behalf.

Subject to 6.3.4 above, the Investigation Committee shall consider the complaint and shall reach one of the following conclusions

(i)      that there is no prima facie case to answer; or

(ii)     that, having regard to the public interest aspects of the complaint which the Committee perceives, the complaint should be referred to an organisation set up for the purposes of Article 4(d) of the Charter; or

(iii)   that having noted that the Institute has received notice in writing from such organisation that the complaint is to be dealt with by that organisation, the Committee will suspend its consideration of the complaint; or

(iv)   that there may be a prima facie case to answer but the complaint is so insubstantial that it would not warrant

proceedings before the Disciplinary Committee; or

(v)  that there is a prima facie case to answer and the respondent should be invited in accordance with the Council Regulations to consent to the imposition of a sanction or sanctions consisting of an admonishment or reprimand or severe reprimand and/or a fine up to an amount specified from time to time in Council Regulations, and/or be required to make a payment of costs, as closing the complaint; or

(vi)  that there is a prima facie case to answer and the complaint will be referred to the Disciplinary Committee.

6.4.1Subject to 6.4.2 below, a complaint referred to the Disciplinary Committee shall be heard as soon as practicable. The complainant and the respondent shall be advised of the date and place of the proposed hearing, and the respondent shall in addition be advised of the complaint that has been made against him and that he is entitled to attend the hearing, to speak and give evidence on his own behalf or to be represented, and to call and cross examine witnesses; and that if he does not attend the hearing the matter may be determined in his absence. Subject to the Laws of the Institute, the Disciplinary Committee may decide its own procedure, and the Chairman may decide in any particular case whether the proceedings shall be open, in whole or in part, to the public, who may be excluded at any time at his discretion.Subject to 6.4.2 and 6.4.3 below, a complaint referred to the Disciplinary Committee shall be heard as soon as practicable. The complainant and the respondent shall be advised of the date and place of the proposed hearing, and the respondent shall in addition be advised of complaint that has been made against him and that he is entitled to attend the hearing, to speak and give evidence on his own behalf or to be represented, and to call and cross examine witnesses; and that if he does not attend the hearing the matter may be determined in his absence. Subject to the Laws of the Institute, the Disciplinary Committee may be decide in any particular case whether the proceedings shall be open, in whole or in part, to the public, who may be excluded at any time at his discretion.

 Schedule of amendments to CIMA

Schedule of amendments to CIMA – BEFORESchedule of amendments to CIMA – AFTER
6.4.2Existing MR 6.4.2 renumbered 6.4.3The Disciplinary Committee may meet in private without the parties at the request of the Chairman for any purpose, whether in relation to a complaint or any other matter relevant to its jurisdiction. The Committee may in particular meet in private in respect of any complaint referred to it by the Investigation Committee, for the purpose of resolving the matter, at the suggestion of the respondent who admits the relevant facts, without the need for a hearing under these Regulations. Subject to Council Regulations, the Disciplinary Committee may determine its own procedure for convening and conducting meetings under this Regulation in rules or, subject to such rules, as it sees fit in any particular case. The Chairman of the Disciplinary Committee may also grant, or invite the parties to attend, a pre-hearing review of a case in accordance with the procedures of the Committee.
6.4.3(Formerly MR 6.4.2 and now renumbered as 6.4.3)

Where the Institute is prosecuting a case under the disciplinary procedures of the Institute and facts emerge or circumstances arise, after that case has been referred by the Investigation Committee to the Disciplinary Committee, which in the opinion of the Institute makes its further prosecution at that time inappropriate, the Institute may abandon or postpone its action in that case provided that the reasons for such abandonment or postponement are reported to the Investigation Committee at the next available opportunity.

Where the Institute is prosecuting a case under the disciplinary procedures of the Institute and facts emerge or circumstances arise, after that case has been referred by the Investigation Committee to the Disciplinary Committee, which in the opinion of the Institute makes its further prosecution at that time inappropriate, the Institute may abandon or postpone its action in that case provided that the reasons for such abandonment or postponement are reported to the Investigation Committee at the next available opportunity.

 Schedule of amendments to CIMA

BEFOREAFTER
6.5The Disciplinary Committee shall decide, having heard the case, whether the complaint is upheld. If so, the Committee shall direct that any one or more of the following sanctions be imposed:

(i)      the respondent be admonished;

(ii)     the respondent be reprimanded;

(iii)   the respondent be severely reprimanded;

(iv)   the respondent’s registration as a Member in Practice be suspended or cancelled;

(v)     the respondent’s Practising Certificate be withdrawn;

(vi)   the respondent be fined an amount not exceeding a maximum determined from time to time in Council Regulations;

(vii)  the respondent be expelled from membership of the Institute;

(viii)             the respondent’s membership be made subject to conditions;

(ix)   the respondent’s registration, if a Registered Student, be cancelled or made subject to conditions;

and the respondent may be required to pay all or part of the costs of the proceedings against him.

The Disciplinary Committee shall decide, following a hearing, whether the complaint is upheld. If so, and unless the Committee decides in the particular circumstances that no sanction shall be applied, the Committee shall direct that any one or more of the following sanctions be imposed:

(i)      the respondent be admonished;

(ii)     the respondent be reprimanded;

(iii)   the respondent be severely reprimanded;

(iv)   the respondent’s registration as a Member in Practice be suspended or cancelled;

(v)     the respondent’s Practising Certificate be withdrawn;

(vi)   the respondent be fined an amount not exceeding a maximum determined from time to time in Council Regulations;

(vii)  the respondent be expelled from membership of the Institute;

(viii)the respondent’s membership be made subject to conditions;

(ix)   the respondent’s registration, if a Registered Student, be cancelled or made subject to conditions;

and the respondent may be required to pay all or part of the costs of the proceedings against him.

8.1Notice of intention to propose any special resolution shall be given in writing and lodged with the Chief Executive, together with a copy of the text of such resolution, not less than eight weeks nor more than twelve weeks before the date of the General Meeting at which it is to be considered.“8.1 Deleted”

 Schedule of amendments to CIMA

Schedule of amendments to CIMA COUNCIL REGULATIONS

Schedule of amendments to CIMA – BEFORESchedule of amendments to CIMA – AFTER
6.15The Audit Committee shall be appointed annually by Council, on the recommendation of the Appointments Committee, from amongst CIMA Fellows who are not:

–      Chairmen or Vice Chairmen of a Committee;

–      on the Executive or Technical Committee;

–      on the Research & Development Group;

–      on the Research Board

 

It consists of three to six members (quorum being three) at least one of whom shall be a Council member with the chairman normally being a Past President of the Institute, and a former Audit Committee member, retired from CIMA Council and Governance duties for at least two years, and who has experience of working with Audit Committees.

The Audit Committee shall be appointed annually by Council, on the recommendation of the Appointments Committee, from amongst CIMA Fellows who are not:

–      Chairmen or Vice Chairmen of a Committee;

–      on the Executive Committee

 

It consists of three to six members (quorum being three) at least one of whom shall be a Council member with the chairman normally being a Past President of the Institute, and a former Audit Committee member, retired from CIMA Council and Governance duties for at least two years, and who was experience of working with Audit Committees.

 Schedule of amendments to CIMA

Schedule of amendments to CIMA – BEFORESchedule of amendments to CIMA – AFTER
16/

16.1

Subject to any Members’ Regulations made under Byelaw 14(e), the following procedure shall be followed for the purposes of Members’ Regulation 6.3(iii):

(i)        If, having made such enquiries in respect of a complaint as it sees fit, the Investigation Committee decides that there is a prima facie case to answer and it is appropriate to deal with the case by “consent order”, the Chairman of the Investigation Committee shall write to the Respondent offering to dispose of the case by way of such an order. The letter shall be in the form determined by the Investigation Committee but shall indicate the procedure which this would entail, the sanctions it is proposed to apply in the case in question, and that if the Respondent does not agree in writing to the proposed action within 21 days of the date of the letter, the case will be referred to the Disciplinary Committee. The letter offering to dispose of a case on this basis shall also explain that the offer may be withdrawn if the Complainant raises objections which cause the Committee to conclude that disposal in this manner is not after all appropriate.

(ii)      A copy of the letter sent to the Respondent under Council Regulation 16.1(i) shall be copied to the Complainant. If the Complainant  objects to a proposed disposal by “consent order”, the Investigation Committee shall reconsider the case before deciding whether to proceed on this basis.

(iii)     If the Respondent agrees to disposal by “consent order” and the Investigation Committee determines to proceed, the Investigation Committee shall record a finding upholding complaint and issue an order for imposition of the sanction or sanctions previously notified to the Respondent.

The decision of the Investigation Committee under this Regulation and the sanction or sanctions imposed shall be published by the Institute in accordance with Council Regulation 19.

The procedure specified below in Council Regulations 16.2 to 16.5 shall be followed for the purposes of Members’ Regulation 6.3.5 (v).

 Schedule of amendments to CIMA

Schedule of amendments to CIMA – BEFORESchedule of amendments to CIMA – AFTER
16.2N/A – new RegulationA letter shall be sent to the Respondent on behalf of the Chairman of the Investigation Committee offering to dispose of the complaint by way of consent order. The letter shall indicate the sanction or sanctions and/ or costs it is proposed to apply and that if the Respondent does not agree to the proposed action in writing within 21 days of the date of the letter the complaint will be referred to the Disciplinary Committee.
16.3N/A – new RegulationIf the respondent agrees to disposal by consent order, then a finding upholding the complaint shall be recorded and the consent order, applying the sanction or sanctions and/or costs proposed, may be issued on behalf of the Committee.
16.4N/A – new RegulationIf the Respondent agrees to the proposed consent order but raises further comment for consideration by the Committee, the letter shall be referred to the Committee, by circulation of papers, which shall determine whether to proceed or not to meet to reconsider the complaint.
16.5N/A – new RegulationsAll disposals under this Council Regulation 16 shall be published as decisions of the Investigation Committee for the purposes of Council Regulation 19.
17.3N/A – new RegulationPending determination of an appeal under this Regulation, no sanction imposed on the relevant Member or Registered Student shall be enforced unless the Appeal Committee otherwise directs.
18.1Where a complainant is dissatisfied with the decision of the Investigation Committee to proceed with a “consent order” in the face of objection from the complainant or with a decision of the Disciplinary Committee, he may within 21 days of the date of notification of the decision of the committee in question appeal by writing to the Appeal Committee.Where a complainant is dissatisfied with the decision of the Investigation Committee to dispose of a complaint under Members’ Regulation 6.3.5 (v) or under Council Regulation 16.3, or with a decision of the Disciplinary Committee, he may within 21 days of the date of notification of the decision of the committee in question appeal by writing to the Appeal Committee.

 Schedule of amendments to CIMA

BEFOREAFTER
19.1All decisions of the Investigation Committee, Disciplinary and Appeal Committee, including decisions in relation to or following from appeals under Regulation 18, concerning a complaint against a Member or Registered Student which has been upheld shall be published in the journal of the Institute and may be otherwise circulated to the media in such manner as the Professional Standards Committee shall determine.All decisions of conduct committees upholding a complaint shall be published in the journal of the Institute, and may be published in the journal of the Institute, and my be published elsewhere in accordance with policy determined by the Professional Standards Committee, provided that such decisions to be published

(i)      shall include decisions in relation to or following from appeals under Council Regulation 18;

(ii)     shall not include decisions of the Investigation Committee under Members’ Regulations 6.3.5(iv); and

(iii)   shall not include decisions of the Disciplinary Committee under Members’ Regulation 6.5 to apply no sanction.

 Schedule of amendments to CIMA

Schedule of amendments to CIMA Recommended read

 Schedule of amendments to CIMA

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