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Disciplinary Committee may alter charge or frame new charge

Estate Agents (Disciplinary Proceedings) Regulations 2011

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—(1) The Disciplinary Committee may alter a charge or frame a new charge, whether in substitution for or in addition to an existing charge, at any time before it makes a determination under section 52(1) of the Act.(2) An altered charge or a new charge must be read and explained to the respondent.(3) If a charge is altered or a new charge is framed under paragraph (1), the Disciplinary Committee must immediately call on the respondent to state if the respondent admits to the charge and, in the case of a hearing, to state whether the respondent is ready for the hearing to proceed on the altered or new charge.(4) If the respondent declares that the respondent is not ready, the Disciplinary Committee must consider any reason the respondent gives.(5) If the Disciplinary Committee thinks that proceeding immediately with the hearing is unlikely to prejudice the respondent’s defence or the Council’s conduct of the case, then it may proceed with the hearing.(6) If the Disciplinary Committee thinks otherwise, it may direct a new hearing or adjourn the hearing under regulation 12 for as long as it thinks necessary.(7) If a charge is altered or a new charge is framed by the Disciplinary Committee after the start of a hearing, the Council and the respondent must, on application to the Disciplinary Committee by either party, be allowed to recall or re-summon and examine any witness who may have been examined, with respect to the altered or new charge only, unless the Disciplinary Committee thinks that the application is frivolous, vexatious, or an abuse of process.

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