Letter
from Privy Council
At the Court at Buckingham Palace
THE 26th DAY OF JUNE 1991
PRESENT,
THE QUEEN'S MOST EXCELLENT MAJESTY
IN COUNCIL
WHEREAS
there was this day read at the Board a Report of a Committee of the Lords of
Her Majesty's Most Honourable Privy Council, dated the 15th day of May 1991, in
the words following, viz.:
"YOUR
MAJESTY having been pleased, by Your Order of the 24th day of July 1990, to
refer unto this Committee the humble Petition of The Institute of Bankers in
Scotland praying for the grant of a Supplementary Charter in the name of
"The Chartered Institute of Bankers in Scotland":
"THE
LORDS OF THE COMMITTEE, in obedience to Your Majesty's said Order of Reference,
have taken the said Petition into consideration and do this day agree humbly to
report, as their opinion, to Your Majesty, that a Supplementary Charter may be
granted by Your Majesty in terms of the Draft hereunto annexed."
HER
MAJESTY, having taken into consideration the said Report and the Draft
Supplementary Charter accompanying it, was pleased, by and with the advice of
Her Privy Council, to approve thereof and to order, and it is hereby ordered,
that the Right Honourable Ian Lang, one of Her Majesty's Principal Secretaries
of State, do cause a Warrant to be prepared for Her Majesty's Royal Signature,
for passing under the Seal appointed by the Act of Union to be used in Scotland
in place of the Great Seal thereof, a Supplementary Charter in conformity with
the said Draft which is hereunto annexed.
G.
I. de Deney
Royal
Charter
ELIZABETH THE SECOND
by the Grace of God of the United
Kingdom of Great Britain and
Northern Ireland and of Our other Realms and Territories Queen, Head
of the Commonwealth, Defender of the Faith:
TO ALL TO WHOM THESE PRESENTS SHALL
COME,
GREETING!
WHEREAS
on the 20th day of December, in the year of our Lord One thousand nine hundred
and seventy-six, We did by Royal Charter (hereinafter called "the original
Charter") constitute a Body Corporate and Politic by the name of "The
Institute of Bankers in Scotland".
AND
WHEREAS the said Institute has by an humble Petition represented unto Us that
it is desirable for the better government of the said Institute and the
furtherance of its objects that the original Charter should be revoked, except
insofar as it incorporates the said Institute, and has prayed that We might be
graciously pleased to grant unto the said Institute a Supplementary new
Charter:
NOW,
THEREFORE, KNOW YE that We, having taken the said Petition into Our Royal
Consideration, and being minded to accede thereto, have, of Our especial grace,
certain knowledge and mere motion, been pleased to grant and declare and do by
these Presents for Us, Our Heirs and Successors, grant and declare as follows:-
1. The said Institute shall
henceforth be known as "The Chartered Institute of Bankers in
Scotland" (hereinafter referred to as "the Institute") and by
the same name shall have perpetual succession and a Common Seal, with power to
break, alter and make anew the said Seal from time to time at the will and
pleasure of the Institute and by the same name shall and may sue and be sued in
all Courts, and in all manner of actions and suits, and shall have power to do
all other matters and things incidental or appertaining to a Body Corporate.
2. The provisions of the
original Charter (except insofar as they incorporate the Institute) are hereby
revoked but nothing in this revocation shall affect the legality or validity of
any act, deed or thing lawfully done or executed under the provisions of the
original Charter.
3. The objects for which the
Institute is constituted are:
(a)
to encourage the highest standards of professionalism and
conduct amongst its members in the public interest;
(b)
to improve and extend the knowledge and expertise of those
engaged in banking and financial services;
(c)
to conduct examinations and promote the continued study of
banking and financial services in all their aspects and to award certificates
to candidates who meet the standards laid down by the Institute;
(d)
to establish links and to co-operate with other professional
or educational bodies with a view to the pursuit of common objectives and to
represent the banking profession both nationally and internationally;
4. In pursuance of the said
objects, the Institute shall have power:
(a)
to provide facilities for students and members in the study
of such subjects as are relevant to banking and financial services with a view
to completing the examinations prescribed by the Institute;
(b)
to promote the dissemination and exchange of information on
matters of professional interest through the maintenance of a library, the
publishing of a journal and other books and pamphlets, the holding of conferences,
meetings and seminars all in the interests of promoting the efficiency and
raising the standards of members;
(c)
to accept gifts and endowments in the furtherance of the
interests of the Institute;
(d)
to make gifts or contributions for national, public,
educational or charitable purposes;
(e)
to merge with or absorb any other body whose objects are
similar to the objects of the Institute and where the interests of the banking
and financial services profession would best be served by such action: provided
that the exercise of the powers conferred by this paragraph shall be subject to
approval by resolution of the members of the Institute in General Meeting
passed by not less than three-fourths of those present, entitled to vote and
voting, and to the approval of the Lords of Our Most Honourable Privy Council;
(f)
to purchase, lease, rent, hold and dispose of any land and
premises;
(g)
to undertake, execute and perform any trusts or conditions
affecting any heritable or moveable property of any description acquired by the
Institute;
(h)
to promote the extension of Institute interests and
activities throughout Scotland
and elsewhere through a regional structure in accordance with the Rules;
(i)
to invest monies of the Institute in accordance with the
Rules;
(j)
to borrow on such terms and on such security as may be
thought fit for the furtherance of the objects of the Institute;
(k)
to levy fees and subscriptions in accordance with the Rules.
5. The income and property of
the Institute shall be applied solely towards the promotion of its objects as
set forth in this Our Charter as amended or added to in the manner hereinafter
provided and no member shall have any personal claim on any of the said income
or property. No part of the income or property of the Institute shall be paid
or transferred directly or indirectly by way of dividend, bonus or otherwise
howsoever by way of profit to its members. No member of the Council shall
receive any remuneration in respect of his services as a member of the Council
or as a member of any committee or sub-committee of the Council other than
expenses incurred in providing such services.
6. There shall be a
President, a Senior Vice-President and two or more Vice-Presidents of the
Institute who shall be elected in accordance with the Rules.
7. The management and
administration of the Institute, its property and affairs, shall be under the
control of the Council of the Institute (hereinafter referred to as "the
Council") and all the powers of the Institute shall be vested in the
Council except where this Our Charter or the Rules expressly prescribe that
approval is required by the Institute in General Meeting.
8. The Council shall consist
of such members, with such qualifications and to be appointed or elected in
such manner and to hold office for such periods and on such terms as to
re-appointment and re-election and otherwise, as may be prescribed by the
Rules.
9. The Institute shall have
such employees and others providing a service as the Council may determine and
shall pay them such salaries, pensions, expenses and other sums as may be
permitted within the Rules.
10. The members of the
Institute shall consist of such classes of membership as are prescribed in the
Rules and shall include Fellows, Members, Associates, Certificated members,
Student members and Affiliates herein collectively referred to as
"members".
11. The qualifications for and
the method of election to membership and the rights, privileges, obligations
and conditions of membership and the manner in which the same may be determined
or suspended shall be such as the Rules shall prescribe.
12. Fellows, Members and
Associates shall be entitled to use after their names the following words and
designatory letters:
"Fellow of the Chartered Institute of Bankers in Scotland"—F.C.I.B.S.
"Member of the Chartered Institute of Bankers in Scotland"—M.C.I.B.S.
"Associate of the Chartered Institute of Bankers in Scotland"—A.C.I.B.S.
13. The existing Rules of the
Institute are hereby revoked and the Rules set forth in the Schedule to this
Our Charter shall henceforth be the Rules of the Institute unless and until
amended or replaced in accordance with the procedure hereinafter given. The
Rules may from time to time be revoked, amended or added to by the Institute in
General Meeting (of which meeting not less than twenty-eight clear days' notice
in writing shall have been given) by resolution passed by not less than
three-fourths of the members entitled to vote and voting on such resolution,
provided that no such revocation, amendment or addition shall have any force or
effect if it be repugnant to the laws of Scotland or to any of the provisions
of this Our Charter or until the same has been submitted to and approved by the
Lords of Our Most Honourable Privy Council (of which approval a certificate
under the hand of the Clerk of Our said Privy Council shall be conclusive
evidence).
14. The Council may from time
to time make such regulations as they think fit for the purpose of carrying any
Rules into effect or otherwise for regulating the affairs of the Institute and
may amend or add to any such regulations provided always that no such
regulations shall be in any way inconsistent with any of the provisions of this
Our Charter or of the Rules.
15. The Institute in General
Meeting (of which meeting not less than twenty-eight clear days' notice in writing
shall have been given) may from time to time amend, revoke or add to the
provisions of this Our Charter by resolution passed by not less than
three-fourths of the members entitled to vote and voting on such resolution and
any such revocation, amendment or addition shall, when allowed by Us, Our Heirs
or Successors in Council, become effectual so that this Our Charter shall
thenceforth continue and operate as though it had been originally granted and
made accordingly. This provision shall apply to this Our Charter as amended in
the manner aforesaid.
16. It shall be lawful for the
Institute in General Meeting (of which meeting not less than twenty-eight clear
days' notice in writing shall have been given) with the sanction of not less
than three-fourths of the members entitled to vote and voting thereat to
surrender this Our Charter subject to the sanction of Us, Our Heirs or
Successors in Council and upon such terms as We or They may consider fit and to
wind up or otherwise deal with the affairs of the Institute in such manner as
shall be directed by such General Meeting or in default of such direction as
the Council shall think expedient having due regard to the liabilities of the
Institute for the time being; And if on the winding up or the dissolution of the
affairs of the Institute there shall remain, after the satisfaction of all its
debts and liabilities, any property whatsoever, the same shall not be paid or
distributed among the members of the Institute or any of them but shall,
subject to any special trusts affecting the same, be given and transferred to
some association or associations having objects similar to the objects of the
Institute and which shall prohibit the distribution of its or their income and
property among its or their members to an extent at least as great as is
imposed on the Institute under Article 5 hereof, such association or
associations to be determined by the Council at or before the time of
dissolution.
IN
WITNESS whereof We have ordered the Seal appointed by the Treaty of Union to be
kept and used in Scotland
in place of the Great Seal of Scotland to be appended hereto.
GIVEN
at Our Court at Westminster
the Sixth day of September in the Fortieth year of Our Reign.
Schedule
RULES
Interpretation
Words
used in the Rules bear the same meaning as the same words used in the Charter.
"The Charter" means the Charter of the Institute granted in the year
1976 as amended by the Supplemental Charter granted in 1991 to which these
rules are annexed.
"Chief
Executive" means the employee appointed by the Council to be responsible
for the management of the Institute under the direction of the Council.
"Member"
means a person in the Member category of Membership, whilst "member"
means a member of the Institute in any category.
Headings
are shown for convenience only and shall not affect the meaning.
Words
importing the singular shall include the plural and vice versa; and words
importing the masculine gender shall include the feminine and vice versa,
unless the context otherwise requires
MEMBERSHIP
1. Membership of the
Institute shall be open to employees and former employees of organisations
providing banking or financial services and which are recognised for this
purpose by the Council.
2. The Institute shall
consist of voting and non-voting members elected or admitted by the Council as
follows:
(1) Voting members
(a)
Fellows who shall be persons elected by the Council from
among those
(i)
who are Members or Associates of at least 10 years standing.
or
(ii)
who hold a University degree (or equivalent qualification) accepted
by the council for this purpose;
provided
that candidates under both (i) and (ii) above shall be considered by the
Council to have made a significant contribution to banking, or to the objects
of the Institute.
(b)
Members shall be elected by the Council from those who have
passed Stage Ill of the examinations of the Institute.
(c)
Associates shall be elected by the Council from those who
have passed Stages I and II of the examinations of the Institute or such other
examinations, of at least equivalent standard, as may be prescribed by the
Council.
(2) Non-Voting members
(a)
Student members shall be admitted by the Council from those
who have presented acceptable qualifications for entry to the examinations of
the Institute.
(b)
Students who are awarded the Certificate in Financial
Services shall be entitled to describe themselves as Certificated members of
the Institute.
(c)
Affiliates shall be admitted by the Council from those who do
not qualify under any of the foregoing categories of membership but support the
objects of the Institute.
3. Fellows (FCIBS) and
Members (MCIBS) who participate in and annually complete the Continuing
Professional Development Programme of the Institute shall, for so long as they
continue to do so, be entitled to use the designation 'Chartered Banker'
DISTRICT CENTRES
4. The regional structure of
the Institute shall consist of such District Centres as shall be determined by
the Council in accordance with Rule 6(e).
COUNCIL
5. (1) The Council shall
consist of not less than l5 nor more than 35 persons as follows:
(a)
the President, the Senior Vice-President, and not more than 3
Vice-Presidents ex officio who shall be elected in accordance with Rule 5 from
among the Council Members elected or appointed under (b) and (c) below;
(b)
not less than 8 voting members elected by the Institute in
General Meeting; and
(c)
six District Centre representatives to be elected at the
District Centres’ Annual Conference and one representative nominated by each of
the following Banks:
Bank of Scotland
The Royal Bank of Scotland plc
Clydesdale Bank PLC
LloydsTSB Scotland plc
(2)
The number of elected members shall always exceed the number of ex-officio and
appointed members.
(3)
Elected members shall hold office for three years from the date of election and
shall be eligible for re-election.
(4)
Appointed members shall hold office for one year from the date of the Annual
General Meeting following the date of appointment and shall be eligible for
re-appointment.
(5)
Certificates of appointment for each Council member appointed under (c) above
shall be sent by the Chief Executive or Secretary of the appointing Bank or by
the Chairman of the District Centre, as appropriate, to the Chief Executive by
the 15th March each year.
(6)
Any vacancy on the Council arising for whatever reason before the expiry of the
term of office may be filled by the Council by co-option of a successor whose
tenure shall subsist until the end of the period during which the vacating
member would have held office.
6. Powers of Council
In
addition to any powers and duties conferred on the Council by the Charter or
elsewhere in these Rules, the Council shall in particular have power:
(a)
to determine the content of the syllabus for the examinations
of the Institute, to have full responsibility for and ultimate control over those
examinations, including the power to grant exemptions from parts of the
examinations on educational grounds; and to make regulations in pursuance of
these powers;
(b)
to appoint examiners and fix their remuneration;
(c)
subject to Rule 26, to determine the subscriptions payable by
members,
(d)
to decide on the admission or re-admission of members;
(e)
subject to the approval of the members in General Meeting, to
authorise the formation or dissolution of District Centres;
(f)
to make provision in respect of the Institute's obligations
under any EC Directive;
(g)
to appoint from its number such Committees as are required
for the conduct of business, and to delegate to such Committees such powers as
it considers appropriate, including the power to co-opt individuals and to
appoint Sub-Committees which would report to such Committees; provided that the
Convener of each Committee shall be appointed by the Council and shall act as
Chairman;
(h)
to revoke any delegation made under (g) above;
(i)
to make, amend, add to
or revoke any Council regulations relating to its own procedures, the
regulations applicable to members, the control and conduct of members and any
other regulations relating to the administration of the Institute in accordance
with the Charter.
OFFICE BEARERS AND EMPLOYEES
7. President, Senior
Vice-President and Vice-Presidents
At
each Annual General Meeting there shall be elected a President, a Senior
Vice-President and two or more Vice-Presidents, all of whom shall be Fellows of
the Institute and members of the Council. Those elected shall hold office until
the close of the next Annual General Meeting after that at which they were
elected and shall be eligible for re-election.
8. Nominations
All
nominations for election as President, Senior Vice-President, Vice President
and member of the Council shall be signed by two proposers who are either
Fellows, Members or Associates of the Institute. Any vacancy on the Council
arising for whatever reason before the expiry of the term of office may be
filled by the Council by co-option of a successor whose tenure shall subsist
until the end of the period during which the vacating member would have held
office.
9. Employees
The
Council shall appoint a Chief Executive and such other employees and agents of
the Institute as it may consider necessary. It shall fix such terms and
conditions of employment as it may consider appropriate. The Council's
functions under this Rule in respect of staff other than the Chief Executive
may be delegated.
10. Meetings of the Institute
The
Meetings of the Institute shall be as follows:
(a)
Annual General Meeting
(b)
Special General Meeting
(c)
Council Meeting
(d)
Committee Meeting
11. Annual General Meeting
The
Annual General Meeting shall be held on a date in June in each year to be
determined by the Council. The business of the Annual General Meeting shall
include the submission of the Annual Report and Audited Statement of Accounts
for the previous financial year, the election of Office Bearers and members of
Council when appropriate, the appointment of auditors for the ensuing year and
any other business competent to be dealt with at a General Meeting,
12. Special General Meeting
The
Council may at any time call a Special Meeting of the Institute to consider any
question that may arise; and it shall be bound to do so within thirty days
after receiving a requisition signed by not less than fifty members who are
either Fellows, Members or Associates of the Institute, specifying the business
to be transacted.
13. Notice
Not
less than 14 days clear notice shall be given in writing of a General Meeting
and a notice convening the Meeting shall state the nature of the business to be
transacted. It shall be sent to all Fellows, Members, Associates, Certificated
members, Student members and Affiliates.
When
any Notice is sent by post in terms of these Rules it shall be deemed to have
been received by the person to whom it is addressed on the third day following
the date of posting.
14. Chairman
The
Chairman of a General Meeting shall be the President, or in his absence the
Senior Vice-President, or in his absence one of the Vice-Presidents, or in
their absence, a member of the Council to be chosen by those present at the
Meeting.
15. Quorum
The
quorum for a General Meeting shall be fifteen voting members present in person.
In the event of a quorum not being present within half an hour after the time
appointed for the Meeting, it shall stand adjourned to such time as the voting
members present shall determine. At least seven days' notice in writing of such
adjourned Meetings shall be given and for such purpose notice shall be deemed
to have been given on the third day following the posting of such notice.
16. Voting
(1)
Except where otherwise provided in the Charter or these
Rules, all questions brought before General Meetings of the Institute shall be
determined by a majority of those voting members present and voting by a show
of hands unless a poll is demanded either by the Chairman or by not less than
ten voting members present at the Meeting. Unless a poll is duly demanded, a
declaration by the Chairman as to the result of the vote by a show of hands
shall be final.
(2)
If a poll is duly demanded, it shall be conducted in such
manner (including the use of voting papers) as the Chairman may direct, and the
Chairman may adjourn the meeting to some other place and time for the purpose
of declaring the result of the poll, and the result shall be deemed to be the
decision of the meeting at which the poll was demanded.
(3)
Every voting member not attending a General Meeting shall be
entitled to appoint another voting member as his Proxy for the purpose of any
General Meeting and in respect of any or all resolutions tabled for any General
Meeting, provided that a Proxy Form, a copy of which shall be distributed to
each voting member with the notice of the relevant meeting, shall have been lodged
with the Chief Executive at least two days before the meeting in question. The
Proxy Form shall be in such terms as the Council may from time to time
determine.
(4)
Proxies shall not be used where a vote is taken by a show of
hands. In respect of a poll, a Proxy holder shall have one personal vote and
one additional vote for each voting member for whom he holds a Proxy in respect
of the resolution before the meeting. In the event of an equality of votes,
whether on a show of hands or a poll, the Chairman shall have a second and
casting vote.
(5)
Student members, Certificated members, and Affiliates may
attend and speak at General meetings but shall not be entitled to vote.
17. Council Meeting
Seven
days' notice of a Meeting of the Council shall be sent to each member of the
Council and such notice shall contain a statement of the business to be
transacted at such Meetings. Subject to Rule 25(a) at all Meetings the
President, or in his absence the Senior Vice-President, or in his absence one
of the Vice-Presidents, or in their absence, a member of the Council to be
chosen by those present at the Meeting, shall be Chairman and seven members
shall constitute a quorum. Except where otherwise provided in the Charter or
these Rules all questions brought before the Council shall be decided by a
majority of those present and voting. In the event of an equality of votes the
Chairman shall have a casting as well as a deliberative vote.
18. Committee Meeting
The
Convener of each Committee or the Chief Executive of the Institute may call a
Meeting and in the ordinary course the Convener shall be Chairman. At all
Meetings four members shall constitute a quorum and all questions brought
before the Committee shall be decided by a simple majority. In the event of an
equality of votes the Chairman shall have a casting as well as a deliberative
vote.
Any
Committee appointed by the Council shall in the exercise of its powers conform
to any instructions given by the Council. In all other respects it shall
regulate its own procedures and shall have power to appoint sub-committees
where necessary.
19. Minutes
Minutes
shall be kept of all resolutions and proceedings of General Meetings of the
Institute, Meetings of the Council, and Meetings of Committees, and every
Minute signed by the Chairman of the Meeting to which it relates, or by the
Chairman of the subsequent Meeting, shall be sufficient evidence of any fact
stated therein.
FINANCE
20. (a) The Council shall have
complete control of all the assets and liabilities of the
Institute
and shall exercise that control in promoting and protecting the objects of the
Institute by such means as it may consider suitable.
(b)
The Chief Executive shall be responsible for keeping proper
accounts and records.
(c)
All monies of the Institute not immediately required for the
purposes of the Institute shall be placed on deposit with a Bank, Building
Society, Public Authority or such other organisation in the United Kingdom
as authorised by the Council and which includes the acceptance of such deposits
as part of its normal business. Where monies are not required in the short term
by the Institute or where a prize fund is involved the Council may authorise
other investments.
(d)
The accounts of the Institute shall be made up annually as at
the 28th day of February or such other date as the Council may decide and,
having been audited by the auditor appointed under the following Rule, shall be
submitted for approval at the subsequent Annual General Meeting.
21. Auditor
The
auditor shall be qualified to act as an auditor in accordance with the
Companies Acts and shall be appointed annually by the members at the Annual
General Meeting. His report shall be read before the Institute in General
Meeting and shall be open to inspection by any member. The auditor shall be
eligible for re-appointment. If a vacancy for an auditor should occur between
two General Meetings the Council may appoint an auditor to the vacancy. The
Council shall have authority to fix the auditor's remuneration.
DISCIPLINE
22. Preliminary Screening
Any
complaint regarding the conduct of a member shall be referred in the first
instance to the Chief Executive who, if satisfied that the matter involves only
a minor breach of the regulations, may either admonish the member concerned or
determine that no further action shall be taken. Otherwise he or she shall
refer the complaint to an Investigating Committee appointed under the following
Rule.
23. Investigating Committee
(a)
Following the referral of a complaint under the previous
Rule, an Investigating Committee shall be appointed by the Council from among
its members consisting of not less than three nor more than five members, of
whom three shall form a quorum,
(b)
Subject to any directions from or Regulations made by the
Council, and to these Rules, the Investigating Committee shall regulate its own
procedure, and shall have power to seek information from any source.
(c)
The member against whom the complaint has been made shall be
notified in writing of the nature of the complaint, of the date on which the
matter is to be considered by the Investigating Committee, and of his or her
right to be represented, to speak, to call or cross-examine witnesses at the
hearing, and to submit evidence.
(d)
The Investigating Committee, having heard the case may
determine that:
(i) no further action be
taken; or
(ii) the member concerned
should be admonished; or
(iii) the member may have been
guilty of unprofessional or unacceptable conduct as defined in Council
Regulations, and the case be referred to a Disciplinary Committee appointed
under the following Rule.
24. Disciplinary Committee
(a)
Following the referral of a case under the previous Rule, a
Disciplinary Committee shall be appointed by the Council from amongst its
members (other than those who have served on the Investigating Committee which
has heard the same case) consisting of not less than three nor more than five
members, of whom three shall form a quorum.
(b)
The provisions of Rule 23(b) and (c) above shall apply,
mutatis mutandis, to the Disciplinary Committee.
(c)
The Disciplinary Committee, having heard the case, may
determine that
(i) no further action be
taken; or
(ii) the member concerned be
admonished; or
(iii) in a case where the
complaint is in respect of misconduct in the Institute examinations by a member
taking examinations that any passes in current or previous diets of examination
be cancelled; or
(iv) the member concerned be
suspended or expelled from membership of the Institute.
25. Appeal
(a)
Any member notified by the Disciplinary Committee of his or
her proposed suspension, or expulsion from membership, or cancellation of
examination passes, may appeal to the Council by writing to the Chief Executive
within 21 days of receipt of the notification (which shall be deemed to have
been received two days after posting) and stating the grounds of appeal which
shall not thereafter be amended except with the consent of the Council. No
member of the Investigating Committee or the Disciplinary Committee involved in
the case shall participate in the Council's deliberations. For the purpose of
hearing the appeal the Council Meeting, specially convened for that purpose,
shall be chaired by a lawyer who is not a member of the Institute. As soon as
practicable the Chief Executive shall notify the member of the time and place
fixed for the hearing of the appeal. The member shall be given a reasonable
opportunity to be heard and may be represented by Counsel or a solicitor at the
hearing. The Institute may also instruct Counsel or a solicitor to act on its
behalf during an appeal. The Council may proceed in the absence of the member
provided it is satisfied that notice of the hearing was properly served. The
Council shall, upon the request of the individual, hear the appeal in public
except in circumstances where the European Convention on Human Rights permits
the Press and Public to be excluded from all or part of the hearing.
