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This site is based on Disciplinary and Regulatory Proceedings, 8th Edition
Disciplinary and Regulatory Proceedings is the leading work on this important and dynamic area of law. For 20 years it has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation.

The powers of a disciplinary tribunal

‘A statutory body, such as the Tribunal, has only such powers as Parliament has conferred on it. However, it may not be confined to the powers expressly conferred. It is lawful for it to do what the law expressly or impliedly authorises: see, for example, Sir Thomas Bingham MR in R (Fewings) v Somerset CC [1995] 1 WLR 1037, 1042H. Generally, a body created by statute must have powers given to it if its acts are to have legal effects. It must therefore have powers conferred if it is to enter into contracts, and the power to enter into contracts may be circumscribed by reference to its authorised functions. In the case of a disciplinary tribunal, it must have powers conferred on it if it is to make legally binding decisions, including rulings as to its procedure which, if not complied with, may have legal consequences… Thus, if Parliament creates a tribunal and says nothing about its procedure and administration, it will have implied powers incidental to the exercise of its jurisdiction: power to regulate its procedure and to make such administrative arrangements as are appropriate for it to discharge its functions.’

Per Stanley Burnton LJ in Virdi v The Law Society of England and Wales & Anor [2010] EWCA Civ 100.

 

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