Chakrabarti inquiry | Page 39

to and in accordance with the provisions of the disciplinary rules set out in Chapter 6 of these rules .”
“ 4 . The NEC shall have the power to adjudicate in disputes that may arise at any level of the Party , including between CLPs , affiliated organisations and other Party units , and between CLPs , other Party units and individuals in those units and in disputes which occur between individual members or within the Party organisation . Where the rules do not meet the particular circumstances , the NEC may have regard to national or local custom and practice as the case may require . The NEC ’ s decisions shall be final and binding on all organisations , units and individuals concerned but shall be without prejudice to the disciplinary rules set out in Chapter 6 of these rules .”
The NCC 4 . Rule 1 . IX . 2 , 1 . IX . 4 and 1 . IX . 6 :
“ 2 . The duties and powers of the NCC shall be :
[…]
A .
B .
C . to determine by hearing or otherwise such disciplinary matters as are presented to it by CLPs in accordance with the provisions contained in the disciplinary rules ( Chapter 6 below ).
to determine by hearing or otherwise such disciplinary matters ( including any applications for a suspension of an individual or individuals ) as are presented to it by the officers of the Party on the instructions of the NEC , in accordance with the provisions contained in the disciplinary rules ( Chapter 6 below ).
where a determination has been made as a result of a case brought under A or B above , to impose such disciplinary measures as it thinks fit whether by way of reprimand or suspension from holding office in the Party , or being a delegate to any Party body , or withholding or withdrawing endorsement as a candidate or prospective candidate of the Party at any level , or expulsion from membership of the Party or other penalty . The decisions of the NCC in determining such disciplinary matters before it and imposing such disciplinary measures as it sees fit , shall be final .
“ 4 . The NCC or any panel thereof in hearing and determining charges against an individual shall have regard to the procedural rules and guidelines as determined by the NCC . The NCC shall have power to supplement such rules and guidelines from time to time and to modify its procedures in order to meet the circumstances of any particular case to ensure fairness to both the individual and the Party .
[…]
“ 6 . In carrying out its functions in paragraphs 2 , 3 , 4 and 5 above , the NCC shall observe the principles of natural justice and proportionality .”
v