CODE OF CONDUCT
7 April 2015
Undertakings 7G) Where ABTA, after due investigation, has reason to believe that the facts alleged against the Member constitute infringement of this Code, ABTA may, at its discretion, require the Member to give to ABTA undertakings as to its future conduct. Where the Member refuses to give such undertakings the Secretariat shall refer the matter to the Code of Conduct Committee.
Breach of Undertakings 7H) Where ABTA, after due investigation, has reason to believe that the facts alleged against the Member constitute a breach of an undertaking given by a Member in accordance with Clause 7G above ABTA shall refer the matter to the Code of Conduct Committee.
Procedure for Reference to the Code of Conduct Committee 7I) Where ABTA, after due investigation, has reason to believe that the facts alleged against the Member constitute infringement of this Code, the facts may be submitted to the Code of Conduct Committee who shall give the Member at least 14 days’ notice in writing of the time and place of hearing of the complaint. The Member shall be entitled to make representations at the hearing either personally (with or without legal representation) or in writing.
Decisions of the Code of Conduct Committee 7J) The Code of Conduct Committee shall have the power to impose a reprimand or a fine or to suspend or terminate membership of ABTA or to require the Member to provide an undertaking in a form determined by the Code of Conduct Committee. The decision of the Code of Conduct Committee shall be notified to the Member, who shall have the right, exercisable within 14 days after the service of the notice upon him, to appeal to the Appeal Board against such decision.
If the Member does not appeal, then at the expiration of the 14 day period, he shall be liable to sustain the reprimand or pay the fine or his membership of ABTA shall be suspended or terminated.
Appeals 7K) The Appeal Board shall be constituted in accordance with Article 13 of the Articles of Association. A member wishing to appeal shall complete the Notice of Appeal and send this to ABTA along with the required appeal fee.
If the decision appealed against is a fine, the Member shall also enclose payment of the fine. If the appeal is successful the Association shall repay the fine, or any part thereof deemed refundable by the Appeal Board, to the Member together with interest thereon at a rate to be decided from time to time by the Board of Directors.
If the decision appealed against is a reprimand, suspension or termination of membership, the decision shall not take effect unless and to the extent that it is confirmed or varied by the Appeal Board.
The Member will be given at least 14 days’ notice of the date of the appeal hearing. The Appeal Board shall determine the appeal as it sees fit. The decision will be notified to the appellant in writing and will then be communicated to the Board of Directors.
Publication of Decisions 7L) The Board of Directors shall arrange for decisions of the Code of Conduct Committee and the reasons therefore to be published.
©ABTA Ltd ©ABTA Ltd
170 ABTA CountryByCountry Guide 2016
Page 13 Page 13
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