Application procedure to become a member or registered student

(1) Form of application

(a) An applicant must apply in writing in such form, giving such undertakings and accompanied by such fees, as may be prescribed by Council from time to time.

(b) It shall be for an applicant to satisfy the Admissions and Licensing Committee that he is eligible in accordance with these regulations for membership or, as the case may be, to become a registered student.

(2) Procedure

(a) Applications shall be considered by the Admissions and Licensing Committee.

At any time after receiving an application and before finally deciding upon it, the Admissions and Licensing Committee may require the applicant to furnish it with additional information.

(b) Any information furnished by the applicant shall, if the Admissions and Licensing Committee so requires, be verified in such manner as it may specify.

(c) (i) The Admissions and Licensing Committee may additionally take into account any other information which it considers appropriate in relation to the applicant, provided such information is disclosed to the applicant where such disclosure does not constitute a breach by the Admissions and Licensing Committee of any duty to any other person.

(ii) The applicant may within a reasonable time after service of such other information serve on the Admissions and Licensing Committee any additional information and/or written comments or submissions for the committee’s consideration.

(d) Where the Admissions and Licensing Committee deems it appropriate to have regard to the findings of any other body in its consideration of an application, any such finding which has not been set aside on appeal or otherwise shall be regarded as conclusive proof of the fact that it has been made and shall not be re-opened before the Admissions and Licensing Committee unless the Admissions and Licensing Committee in its absolute discretion otherwise determines.

(e) After consideration of all of the information before it, the Admissions and Licensing Committee shall make a decision on the application.

(3) The Admissions and Licensing Committee’s decision The Admissions and Licensing Committee may decide to:

(i) grant the application;

(ii) refuse the application;

(iii) grant the application subject to such condition(s) as it considers appropriate; or

Membership Regulations 2.1

(4) The hearing

(a) Before making a decision under regulation 9(3), the Admissions and Licensing Committee shall consider the matter at a hearing. It shall determine the date of the hearing and shall give the applicant at least 21 days prior written notice of the date set, unless a shorter period of notice is agreed between the applicant and the Association.

(b) The applicant and the Association may appear at the hearing in person and/or by solicitor, counsel or other representative and may call witnesses who may give evidence and be cross-examined. The Admissions and Licensing Committee may, at any time, ask questions of the applicant, the Association, any representative or any witness and shall announce its decision at the hearing.

(c) The hearing shall be open to the public unless the Admissions and Licensing Committee determines that the public shall be excluded from all or any part of the hearing on one or more of the following grounds:

(i) in the interests of morals, public order or national security in a democratic society;

(ii) where the interests of juveniles or the protection of the private lives of the parties so require; or

(iii) to the extent strictly necessary in the opinion of the Admissions and Licensing Committee in special circumstance, where publicity would prejudice the interests of justice.

(d) The procedure to be adopted in relation to any hearing shall, subject to the foregoing paragraphs of this regulation, be such as the Admissions and Licensing Committee shall, in its absolute discretion, determine.

(5) Communication of the decision

The Admissions and Licensing Committee shall notify the applicant in writing within 14 days of its decision, and a written statement of the reasons for the decision shall be given to the applicant within 21 days, or such longer period as shall be necessary in the circumstances.

When an application is granted, or granted subject to conditions, the applicant shall be issued with a certificate of admission to membership or, as the case may be, notification of admission to the student register. Any such certificate shall remain the property of the Association and shall be returned to the Association on the individual ceasing to be a member or, as the case may be, a registered student.

(6) Correction of errors

(a) Where the order and/or written statement of the reasons for the decision of the Admissions and Licensing Committee contains an accidental error or omission, a party may apply by way of an application notice for it to be corrected. The application notice shall describe the error or omission and state the correction

2.1 Membership Regulations

(b) The Chairman of the Admissions and Licensing Committee may deal with the application without notice if the error or omission is obvious, or may direct that notice of the application be given to the other party.

(c) The application may be considered without a hearing with the consent of the parties, such consent not to be unreasonably withheld.

(d) If the application is opposed, it should be heard by the same Admissions and Licensing Committee which made the order and/or written statement of reasons for the decision which are the subject of the application.

(e) The Admissions and Licensing Committee may of its own volition vary its own order and/or written statement of reasons for the decision for the purpose of making the meaning and intention clear.

(7) Appeal

A person (“the appellant”) aggrieved by any decision of the Admissions and Licensing Committee made pursuant to regulation 9(3) of these regulations may appeal to the Appeal Committee in accordance with the Association’s appeal procedures as set out in The Chartered Certified Accountants’ Appeal Regulations 2006 (hereafter referred to as “the Appeal Regulations”). Any such appeal shall be dealt with in accordance with the Appeal Regulations.

The Association may appeal against a decision of the Admissions and Licensing Committee in accordance with the Appeal Regulations.

(8) Effective date

Any decision made by the Admissions and Licensing Committee pursuant to regulation 9(3) of these regulations shall take effect from the date of expiry of the appeal period referred to in the Appeal Regulations, unless the appellant shall duly give notice of appeal prior to the expiry of such period, in which case it shall become effective (if at all) as described in the Appeal Regulations.

(9) Administration charge

If an application is withdrawn by the applicant the Association may charge the applicant such sum as seems reasonable to it to defray or contribute to the cost of processing the application between its receipt by the Association and its withdrawal by the applicant but, subject to this, shall return any fee tendered with the application.

(10) Affiliate’s application

(a) An affiliate must apply for membership of the Association as soon as he has completed

(i) three years of approved experience in accordance with Appendix 2; and (ii) the Professional Ethics module.

Membership Regulations 2.1