A
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Appeal Committee
Appeal Committee means the Appeal Committee appointed by the Council under the Schedule to the Disciplinary Bye-Laws (appointment of Investigation, Disciplinary and Appeal Committees)
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approved training
means practical training and experience approved by the Council and obtained at or from a training office
C
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Committee
Committee means a committee appointed by the Council pursuant to bye-law 49(a) (concerning delegation of powers to committees) and any of the Appeal Committee , the Tribunals Committee and the Conduct Committee
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communication(s)
communication(s) shall mean any notice or other document required to be given, delivered, sent or provided to or by members under or in connection with these bye-laws and shall include without limitation the financial statements, summary financial statements, annual report of Council, notices relating to Annual and Special meetings, forms of proxy and any accompanying ancillary or additional papers, certificate or other document as shall from time to time be provided to members in accordance with or required by the Supplemental Charter, the Principal Bye-laws or any regulations.
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Conduct Committee
Conduct Committee means the Conduct Committee appointed by the Council under the Schedule to the Disciplinary Bye-Laws (appointment of Investigation, Disciplinary and Appeal Committees)
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Council
Council means the Council of the Institute
D
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Disciplinary Bye-Laws
Disciplinary Bye-Laws means the Disciplinary Bye-Laws of the Institute
E
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electronic form
electronic form means transmission of any document or information through electronic means (for example by fax or email) or by other means while in electronic form (for example, sending a disk by post)
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European Community
European Community includes the European Economic Area where any provision relates to a matter to which the European Economic Area Agreement relates
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European Community - this definition relates only to the version ‘effective until 28 September 2011’
European Community includes the European Economic Area where any provision relates to a matter to which the European Economic Area Agreement relates.
H
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head of staff
head of staff means the person appointed by the Council pursuant to bye-law 50 (power to appoint head of staff)
I
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in writing
in writing means written or produced by any substitute for writing or partly one and partly another, including in electronic form
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Investigation and Discipline Scheme
Investigation and Discipline Scheme means the Scheme made and adopted on behalf of the Accountancy Investigation and Discipline Board Limited by its managing body, the Accountancy Investigation and Discipline Board, in which the Institute participates pursuant to sub-clause 1(b)(viiA) of the Supplemental Charter, and in these bye-laws any reference to the Investigation and Discipline Scheme shall be deemed also to include the Joint Disciplinary Scheme.
J
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Joint Disciplinary Scheme
Joint Disciplinary Scheme means the Scheme established with other accountancy bodies pursuant to sub-clause 1(b)(viiiA) of the Supplemental Charter (power to establish a disciplinary scheme)
M
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member
member means a member of the Institute and membership shall be construed accordingly
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member-firm
member firm means
- a member engaged in public practice as a sole practitioner; or
- a partnership engaged in public practice of which more than 50 per cent of the rights to vote on all, or substantially all, matters of substance at meetings of the partnership are held by members; or
- a limited liability partnership engaged in public practice of which more than 50 per cent of the rights to vote on all, or substantially all, matters of substance at meetings of the partnership are held by members; or
- any body corporate (other than a limited liability partnership) engaged in public practice of which:
- 50 per cent or more of the directors are members; and
- more than 50 per cent of the nominal value of the voting shares is held by members; and
- more than 50 per cent of the of the aggregate in nominal value of the voting and non-voting shares is held by members;
O
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order
order includes any finding, term or condition in consequence of or upon which the order is made
P
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practice and public practice
practice and public practice mean practice as a public accountant in any part of the world otherwise (subject to bye-law 51(b) (concerning directors of a body corporate and members of limited liability partnerships)) than as an employee
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practising certificate
practising certificate means a certificate issued to a member by the Institute authorising him to engage in public practice
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provisional member
Provisional member means for the purposes of these Disciplinary Bye-laws a person who, at the time a matter is determined to be a conduct matter for the purposes of the Disciplinary Bye-laws, has not been admitted to full membership of ICAEW and:
- is registered with ICAEW as an ACA student; or
- is registered with ICAEW under a training agreement with an Authorised Training Employer or an Authorised Training Principal; or
- has attempted an ACA examination and no more than three years have elapsed since the date of the last attempt at an ACA examination; or
- was registered with ICAEW under a training agreement with an Authorised Training Employer or an Authorised Training Principal and no more than three years have elapsed since the training agreement was completed or cancelled; or
- has applied for ICAEW membership outside the period allowed under the regulations and the application has not been finally determined.
R
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registered address
registered address means:
- in the case of a member in practice, the place of business registered by him with the Institute or, where more than one such place of business is registered by him, such place of business indicated by him as being his principal place of business; and
- in the case of a member not in practice, the address registered by him with the Institute;
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Regulations or regulation
regulations or regulation means regulations made by the Council or any Committee or Sub-committee pursuant to clause 16 of the Supplemental Charter (power to make regulations) and for the time being in force;
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Royal Charters
Royal Charters means the Royal Charter dated 11th May 1880 and the Supplemental Charter dated 21st December 1948
S
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Sub-committee
Sub-committee means a sub-committee appointed by a Committee pursuant to bye-law 49(b) (power to delegate to sub-committees)
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Supplemental Charter
Supplemental Charter means the Supplemental Royal Charter dated 21st December 1948
T
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training contract
training contract means a contract of approved training registered with the Institute and in such form and containing such provisions as may be prescribed in regulations , made between a candidate for membership and the person or firm at or from whose office the approved training is to be given
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training office
training office means an office which for the time being is authorised pursuant to regulations , to train provisional members
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Tribunals Committee
Tribunals Committee means the Tribunals Committee appointed by the Council under the Schedule to the Disciplinary Bye-Laws (appointment of Investigation, Disciplinary and Appeal Committees)
U
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United Kingdom
United Kingdom includes the Channel Islands and the Isle of Man