• Code of Practice for Objections and Appeals

Code of Practice for Objections and Appeals

 

Introduction

This Code governs the procedure for lodging an objection (a reported breach of Kennel Club Regulations) pursuant to Kennel Club Regulations; F(1)28, G 12, H25, I12, J12, L23 and S28. This Code is intended as a guide to lodging an objection and/or appeal; reference should also be made to the relevant Kennel Club Regulation.

The procedure is intended to be as straightforward a process as is possible with all statements and reports being submitted in writing for consideration by the relevant Kennel Club Sub-Committee.

There is the opportunity for an oral hearing if any decision is subject to an appeal.

Lodging an Objection [F(1)28, G 12, H25, I12, J12, L23 and S28]

1. Any person wishing to lodge an objection relating to any of the matters set out in Kennel Club Show or Trial Regulations shall do so in writing to the Secretary of the Show by the end of the Show or Trial. As an alternative, an objection may be lodged directly with the Kennel Club within seven days after the last day of the Show or Trial or such longer period as the Secretary of the Kennel Club ("the Secretary") may in his discretion allow from the date on which the matter of the Objection arose.

2. The Objection shall be signed and state the grounds of the Objection and contain all the material facts supporting the Objection, including the date and place of the matters complained of, and identify the names and addresses of supporting witnesses (if any).

3. The Objection fee shall be payable but may be returned at the discretion of the relevant Sub-Committee after its conclusion of the Objection.

Consideration of an Objection

4. Upon receipt of an Objection the Secretary shall consider the matter and the Secretary shall have authority to refer the matter to the relevant Sub-Committee.

5. As is necessary, the Kennel Club may contact all witnesses identified for the purposes of obtaining witness statements. All witnesses must consent to the disclosure of their statement as the statement may otherwise not be used in support of the Objection.

6. The Kennel Club shall as soon as possible after consideration by the Secretary;

    a. serve on the person against whom the Objection is made copies of the Objection, and any supporting statements, and a copy of this Code and

    b. invite the individual concerned if he wishes to deny the Objection, to submit a written statement setting out sufficient particulars to show on what grounds, or if he admits the Objection,  to submit a written statement setting out any extenuating/mitigating circumstances.

7. Any written statement in response to the Objection shall be signed and lodged with the Kennel Club within 21 days of the receipt of the referral of the Objection. The response must be accompanied by signed statements from supporting witnesses (if any) with written confirmation of consent to disclosure by the witness of his/her statement. The Kennel Club supplies forms for this purpose.

8. Following the response to the Objection or, if no response is received within 21 days, then the Kennel Club may investigate the circumstances of the Objection further and require any persons to provide any further information it may require.

9. Thereafter the Secretary shall list the Objection for consideration by the relevant Sub-Committee.

Decision of the Sub-Committee

10. The relevant Sub-Committee shall consider the contents of the Objection, the statements lodged and any supporting evidence and make such enquiries as it considers appropriate for the clarification of the issues before it, and generally to the just handling of the proceedings.

11. The relevant Sub-Committee shall determine the Objection before it on the basis of the balance of probabilities.

12. The relevant Sub-Committee may at any time and from time to time upon application, or on its own motion, adjourn or defer the consideration of the Objection, if appropriate.

13. The relevant Sub-Committee may appoint one or more persons who need not be a member of the Kennel Club to attend the meeting to assist it on any matters.

Penalties

14. If the relevant Sub-Committee is satisfied that the Objection is substantiated it may impose a warning and/or censure, and/or fine and/or disqualification and/or order as authorised by the Regulations. Written notice of the relevant Sub-Committee's decision shall be served on the parties.

Appeals

15. Where an Objection is upheld the person involved and subject to a penalty under the Regulations (thereafter known as "the Appellant") may appeal to the General Committee ("the Appeals Tribunal") if it is clear that there are one or more points on which to base the appeal.

16 It will be for the Appeals Tribunal to decide whether the grounds of appeal have been established to its satisfaction.

17. The following are legitimate points on which an appeal may proceed;

    a. The decision was based on a finding of fact that was perverse or irrational.

    b. There was no evidence to support a particular finding of fact.

    c. The decision was made by reference to irrelevant factors.

    d. The decision was made without reference to relevant factors.

    e. The decision was made for an improper purpose.

    f. The decision was made in a procedurally unfair manner.

    g. The decision was made in a manner which breached any governing legislation or regulation.

    h. Relevant new evidence.

    i. The penalty imposed was disproportionate.

18. An Appeal may be determined on the basis of written submissions to the Appeals Tribunal. However, if an Appellant requires an oral hearing then the matter must be determined by way of an oral hearing but not by way of a rehearing of the matter but solely on the grounds submitted by the Appellant.

19. A written Notice of appeal may be lodged with the Kennel Club and must be received by the Kennel Club within 14 days of the decision being served on the Appellant.

20. A Notice of Appeal shall;

    a. State the name and address of the person making the Appeal.

    b. Clearly identify the decision which is disputed and specify whether the Appeal is in respect of the whole or in respect of any specified part of such decision.

    c. Set out the grounds for the Appeal.

    d. Include any additional evidence upon which the Appellant relies.

    e. Set out the reasons why it was not previously presented to the relevant Sub- Committee. The Appeals Tribunal may or may not allow for such additional evidence to be accepted.

21. If an oral hearing is convened, the Appellant and the Complainant may attend the hearing of the Appeal and/or be represented and shall have the opportunity of addressing the Appeals Tribunal.

22. A date upon which the hearing of the Appeal will be fixed in consultation with all parties.

23. The Appellant shall not be entitled on the hearing of an appeal to rely on any grounds of appeal which have not been specified in the Notice of Appeal.

Appeal Decision

24. If the Appeals Tribunal upholds the appeal it may;

    a. endorse, revoke the decision made by the relevant Sub-Committee, or

    b. vary the decision made by the relevant Sub-Committee by increasing or decreasing the  penalty, and/or

    c. impose any penalty or order which could have been imposed by the relevant Sub-Committee.

General Powers

25. The Secretary or, where appropriate, the General Committee or the Appeals Tribunal may if it thinks fit;

a. Extend the time appointed by or under this Code for doing any act notwithstanding that the time appointed may have expired.

    b Postpone the day or time fixed for or adjourn any hearing.

c. At any stage of the proceedings order any Objection, Notice of Appeal or anything in such application to be struck out or amended on the grounds that it is frivolous or vexatious.

d. On application or on its own motion order any Objection or Appeal to be struck out for want of prosecution (lack of substance to the complaint).

26. Any act or thing required by this Code to be done by the Secretary shall be validly done if done by another person appointed either generally or specifically for that purpose by the Secretary or the Chairman of the General Committee.

Non Compliance with this Code

27. Where there has been a clerical error, or accidental slip or omission or other failure to comply with the requirements of this Code, such failure shall be treated as an irregularity and shall not invalidate the proceedings, or any step taken in the proceedings, or any document or decision in the proceedings.

28. The relevant Sub-Committee or the Appeals Tribunal, as the case may be, may on the grounds that there has been such a failure and on such terms as it thinks just, allow such amendments (if any) to be made and to make such decision (if any) dealing with the proceedings generally as it thinks fit.

 

Version suitable for printing

Related Topics

ActivitiesRegistered Clubs and Societies

Copyright © The Kennel Club Limited 2016. The unauthorised reproduction of text and images is strictly prohibited.