Chakrabarti inquiry | Page 37

ii . pending the outcome of any investigation by the General Secretary or other national officer or any subsequent determination of charges by the NCC , apply to the NCC for the suspension of that individual or individuals from the group in question such application to be determined by the NCC in accordance with its rules and guidelines .
pending the final outcome of any investigation and charges ( if any ), suspend that individual or individuals from the group in question . The General Secretary or other national officer shall investigate and report to the NEC on such investigation . Upon such report being submitted , the NEC may instruct the General Secretary or other national officer to formulate charges against the individual or individuals concerned and present such charges to the NCC for determination in accordance with their rules .”
DC .
Where in the opinion of the NEC there are circumstances which might warrant the use of its powers under sub-clauses A and B B and C above or where any of those powers has been invoked , the NEC may issue written warnings to any individual member of the Party drawing attention to the conduct which in the opinion of the NEC is either incompatible with continued membership of the Party or may be in , or may lead to , a breach of the constitution , rules or standing orders of the Party . The issue of any written warnings under this sub-clause shall not prevent the conduct that is the subject of such warning being called into question following any subsequent exercise by the NEC of its power under sub-clauses A and B B and C above , and both the fact of the issue of such warning and the conduct that is the subject of the warning including any subsequent related conduct may be used in the evidence referred to the NCC .”
2 . The complaints procedure and procedural guidelines referred to in subparagraph 1A shall between them make provision for :
A . a limitation period ( save in exceptional or identified cases ) of 2 years within which a disciplinary charge is to be brought .
B . the informal resolution of complaints where appropriate .
C .
D .
E . the right , absent good reason , of the person in respect of whom a complaint or allegation has been made to be informed of the fact , nature and basis of the complaint or allegation , the provision ( s ) of the constitution , rules or standing order said to have been breached and the identity of the complainant .
the circumstances in which the NEC will usually refer the matter to the Secretary of the relevant CLP or Labour Group for consideration pursuant to Clause II of Chapter 6 ( Action by CLPs ) or Clause XIII of Chapter 13 ( Breach of Labour Group rules ), respectively .
the circumstances in which the NEC will seek the suspension of an individual or individuals pursuant to sub-paragraphs B ( ii ) and C ( ii ) of paragraph 1 . iii