F.
C
time limits within which the complaint and stages of the process
4
should normally be handled.
32.
When a person applies for re-admission to the Party following an expulsion by
the NCC on whatever basis or by automatic exclusion under Chapter 2 4.A
above of the membership rules, the application shall be submitted to the NEC
for consideration and decision. Such applications shall not normally be
considered by the NEC until a minimum of five years has elapsed. The decision
of the NEC shall be binding on the individual concerned and on the CLP relevant
5
to the application.
43.
A ‘suspension’ of a member by a decision of the NCC pursuant to subparagraph B(ii) or C(ii) of paragraph 1 whether by the NEC in pursuance of 1
above or by the NCC in imposing a disciplinary penalty, unless otherwise
defined by that decision, shall have the following effects:
(i)
It shall require the membership rights of the individual member
concerned to be confined to participation in their own branch
meetings, unless the reason for the suspension in part or in full is their
conduct in party meetings or there are concerns that their presence at
branch meetings may be detrimental to the Party, and activities as an
ordinary member only and in such ballots of all individual members as
may be prescribed by the NEC.
(ii)
A suspended member shall not be eligible to seek any office in the
Party, nor shall s/he be eligible for nomination to any panel of
prospective candidates nor to represent the Party in any position at
any level. The member concerned will not be eligible to attend any CLP
6
meeting other than to fulfil the requirement to participate in ballots. ”
CONSEQUENTIAL AND OTHER AMENDMENTS TO THE POWERS OF THE NEC AND NCC
The NEC
3.
Rule 1.VIII.A:
“3. In furtherance of its primary purpose and key functions, the duties and powers
of the NEC shall include:
A.
uphold enforce the constitution, rules and standing orders of the Party
and to take any action it deems necessary for such purpose, including
disaffiliation, disbanding, suspending or otherwise disciplining any
affiliated organisation or Party unit; in furtherance of such duties it
shall have the power to seek the suspension of, suspend or take other
administrative action against, individual members of the Party subject
4
It is proposed that Advice Notes issued by the NEC are reviewed and revised so as to set out clearly and in accordance with
the principles of natural justice and proportionality the way in which the NEC, General Secretary and any other national
officer will exercise their disciplinary powers under Chapter 6 in accordance with the recommendations set out in the Report
(at pages 16 to 19) and the accompanying proposed rule changes set out in relation to Clause 1 of Chapter 6.
5
There is no proposal to amend Rule 6.1.3. However, the effect of an expulsion (as prescribed in this rule) is a matter which
the NCC would be expected to take into account when considering the proportionality of any decision to exclude.
6
See page 19 of the Report. See further the proposed amendment to Rule 1.IX.2 below (at paragraph 4 of this Appendix).
iv