Whole Section

  • Post-hearing

    • 318

      (1) The Disciplinary Committee's written grounds of decision shall be published by the Exchange, unless the sanction imposed involves the issuance of a private warning. Where a private warning is issued by the Disciplinary Committee, the Disciplinary Committee shall determine whether the written grounds of decision is to be published, and if so, whether the written grounds of decision is to be published in part or in whole.
      (2) Where the Exchange has reason to believe that the requirements imposed or orders issued under Rule 317(2) have not been complied with, the Exchange may report the non-compliance to the Disciplinary Committee, and the Disciplinary Committee may provide a supplemental grounds of decision to impose further sanctions.
      (3) Where a fine or order for costs of the proceedings has been imposed against a Relevant Person and the Relevant Person does not make payment within the specified period, the outstanding sum shall be a debt payable to Exchange. The Exchange may commence legal action to recover that debt, subject to any subsequent payments made by the Relevant Person. The Exchange shall be entitled to claim reasonable interest, a month after the payment is due, based on the sum outstanding.
      (4) If a fine or order for costs imposed against a sponsor or registered professional remains unpaid 7 days after the deadline, the sponsor or registered professional may be suspended. Any suspension ends upon full payment of the fine.
      (5) The Exchange may allow a stay of execution of the sanctions, or an extension of the relevant timelines, which may be subject to conditions imposed by the Exchange in its absolute discretion, when:
      (a) a Relevant Person has filed a notice of appeal against the decision of the Disciplinary Committee;
      (b) if a Relevant Person requires more time to comply with the sanctions imposed; or
      (c) if the Exchange is of the opinion that the circumstances warrant it.

      Added on 7 October 20157 October 2015 and amended on 1 August 2021.