Association of Chartered Secretaries and Administrators
The Association of Examined Secretaries and AdministratorsINSTITUTION OF THE APPROVED SECRETARIES AND ADMINISTRATORS OF
<: NIGERIA ACT
Foundation of the Institute of Chartered Secretaryaries and Administrators of Nigeria. To elect the President and Vice-President of the Institute. ECB Governing Council. Funds of the Institute. Transfers of certain financial instruments and financial obligations to the institution. Announcement of the Registry and lists of revisions. Registering of certified secretaries and administrators. If it is assumed that individuals are acting as certified secretaries and administrators.
A law establishing the Institute of Chartered Secretaries and Administrators of Nigeria and establishing the level of expertise and skills to be acquired by individuals intending to become chartered secretaries and administrators and related affairs. a) Determination of the skills and abilities to be acquired by individuals wishing to become members of the chartered secretariat and by administrators, and upgrading these norms from case to case as conditions allow; c) Performance by the Council appointed under Section 3 of this Act of the duties assigned to it by this Act.
The Institute shall have an indefinite successor and a joint custodial stamp, which shall be held in such safekeeping as the Council may from per se approve. 3. The institution may bring actions and be taken to court in its business name and may be governed by the Land Use Act and may own, purchase and sell all moveable or immovable assets.
i) have eight years' professional relevance in the bureau of one or more organizations; ii) have spent at least three years in a management position in one or more organizations in the last ten years; iv) otherwise be regarded by the Council as suitable individuals so enrolled;
i) have taken an exam required or recognised by the Institute; ii) have at least six years' professional practice in the administrative department of one or more recognised bodies, but the six-year duration may be shortened by up to three years if the course has already been completed at a full-time university authorised by the Institute.
a) The scholarship holders of the Institute of Chartered Secretaries and Administrators are "FCIS"; b) The scholarship holders of the Institute of Chartered Secretaries and Administrators are "ACIS"; c) The alumni of the Institute of Chartered Secretaries and Administrators are "Grade ICSA", a preliminary mark in which a member can either become a member of the Institute of Chartered Secretaries and Administrators or a member of the Institute.
1. There shall be a President and a Vice-President of the Institute who shall be appointed as members of the Institute by the Council and shall each serve for a period of two years from the date of appointment. The President shall chair the Institute's sessions so that, in the case of the President's deaths, disability or incapacitation for any cause, the Vice-President shall act in his place for the expired part of the period of his mandate or, as the case may be, and the reference in this Act to the President shall be interpreted accordingly.
The President and the Vice-President shall each be the Chairmen and Vice-Chairmen of the Council instituted by § 3 of this Act. 4. If the President or Vice-President leaves the Institute, he shall ipso facto relinquish one of the functions specified in this Section.
1. The Institute shall be managed by a Council responsible for the administrative and general direction of the Institute. a) the President of the Institute, who shall be the President; b) the Vice-President of the Institute, who shall be the Vice-President; c) five individuals nominated by the Minister; e) former Speakers of the Institute, who shall be eligible to sit on the Council for a term not exceeding five years from the end of their term of office as President.
3. The first list shall apply to the qualification and term of the members of the Council and to the other affairs referred to therein. 4. Orders adopted by the Council with the consent of the Minister may entail an increment or decrease in the number of members of the Council and may make such modifications to subparagraph (1) of this Section and to the initial timetable of this Act as the Minister deems appropriate to achieve the increment or decrease, or as a result thereof.
c) the monies owned by the Institute of Chartered Secretaries and Administrators in Nigeria established under the Companies and Allied Matters Act (hereinafter called " the " Incorporated Institute " in this Act) if it ceases to be after the termination thereof pursuant to this Act.
a) any expenses which the Council incurs in the performance of its tasks under this Act; c) any appropriate travel and maintenance allowances for the period during which the members of the Council may spend on the tasks of the Council which the Council, with the consent of the Minister, may fix.
The Council may make investments in the Funds in transferable Securities originated or issuable by or on account of the Government of the Federation or in other transferable Securities in Nigeria authorised by the Council. The Council may from period to period raise funds for the Institute's own account and any interest due on the funds so raised shall be disbursed from the Funds.
The Council shall maintain, on the Institute's account, for each year, regular accounting and bookkeeping procedures for those accounting and bookkeeping systems; and the Council shall have the accounting examined by an approved listed accountant in accordance with the General Auditor's Guideline for the Federation.
7. The assessor designated for the purpose of this Section shall not be a member of the Council. a) all property and liability owned or assumed by or on account of the incorporated institution immediately before that date shall be transferred to and retained for the purpose of the institution by that institution by operation of this law and without further assurances; and c) without prejudice to paragraph 2 of this Section, any act or thing done by the incorporated institution shall be considered to have been done by that institution.
2. The provisions of the Second List of this Act shall take effect in relation to any matter resulting from the delegation to the Institute of the ownership of the incorporated institution by this Section and in relation to the other matter referred to therein. 1. It shall be the task of the Council to designate an appropriate member of the Institute as Registrar for the purpose of this Act and any other member the Institute may from occasion to occasion deem necessary.
The Registrar shall be obliged, in accordance with the Council's regulations, to draw up and keep a list of the Council's Council's names, postal address and accredited qualification and other data specified in the regulations of this Act of all those eligible under the terms of this Act to be entered as scholarship holders or employees or registrated alumni or registrated student, and to submit applications for registration in the way required by these regulations.
a) the rules governing the filing of requests for entry or recording and the submission of supporting documents for requests; b) the information to be provided to the Registrar by the persons to whom the information entered relates, in the event of any changes to such information;
c) to permit a matriculated or registred individual to hold a professional or trade qualification which, in respect of the occupational group concerned, is either a recognised professional or trade qualification within the meaning of this Act, which, in respect of its name, is additional to, or, as it may choose, substitutes for, any other professional or trade designation so recorded;
d ) the amount of royalties, if any, payable to the Institute for the registration of a name in the Registry, which shall authorise the Registrar to withhold registration of a name in the Registry until such time as a royalty fixed for registration has been payable; e) any information covered by the preceding paragraphs of this Section.
5. Provisions adopted for the implementation of the provisions of paragraph 4 (d) of this Section shall not enter into effect until they are approved at a separate session of the Institute or at the next general assembly so called. a) to rectify, in accordance with the Council's instructions, any registration in the Registry which the Council imposes upon it, as the Council considers that such registration constitutes an erroneous registration; b) to make, from on occasion, any necessary changes to the recorded data of registrants; c) to include in the payments of dues the members of the Institute who have been in arrears for more than six month and to take such measures (including the deletion from the Registry of the name of the defaulting persons) as the Council may order or solicit.
b ) upon expiry of that time limit, addresses a second similar correspondence to the relevant individual in a similar way and does not receive a response to that correspondence within three month from the date of publication, the Registrar may delete the information about the individual from the Registry and the Council may instruct the Registrar to reincorporate the information deleted from the Registry under this sub-section into the relevant part of the Registry.
a) ensure that the Registry is produced, publicized and sold to the general public no later than two years after the date specified; c) have a printout of each issue of the Registry and each correction schedule filed with the Institute's head offices, and it shall be the responsibility of the Council to keep the Registry and the schedules so filed available for consultation by the general public any time.
2. A paper to be issued as a printout of an issue of the Registry which has been made public by the Registrar in this Section, or as a printout of an issue of the Registry so made public and of a schedule of revisions to that issue, shall be accepted in any procedure (without prejudicing any other form of evidence) to prove that a named individual in the paper or the collected papers was considered to be recorded which, at the time of the issue or the schedule of revisions, as the case may be, was so recorded and that a non-identified individual was not so recorded.
3. If, in accordance with paragraph 2, a persons is involved in a proceeding in which it is established that he or she was or was not recorded at a particular time, he or she shall, for the purpose of that proceeding, unless it is established to the contrary, be deemed to have remained or not to have been recorded at all relevant points in time thereafter.
b ) have a qualifications outside Nigeria recognised until further notice by the Institute and ensure to the Council that he has adequate working knowledge as a certified Secretary and Manager. The Council may, at its own option, temporarily approve a qualifying condition submitted for an application to register under this Section or order that the request be repeated within a specified timeframe in that sense.
4. Any recording to be made in the register pursuant to paragraph 3 of this Section shall show that it is temporary and no such recording shall be transformed into a full recording without the agreement of the Council designated in that name in a written form. The Council shall, from period to period, make public in the Official Journal information on skills deemed suitable for inclusion or inclusion by the Institute.
a) any course at an accredited establishment for individuals wishing or already serving as Secretaries who, in the view of the Council, are destined to become Secretaries or Administrators and who, in the view of the Council, are destined to provide those who complete it with adequate skills and abilities for admittance to the Institute; b) any qualifications awarded on the basis of an exam taken in connection with a course of study authorised by the Council in accordance with this section to applicants who achieve a norm in that exam and which, in the view of the Council, demonstrate that the applicants have adequate skills and abilities to act as chartered Secretaries or Administrators and which, in the view of the Council, demonstrate that they have adequate skills and abilities to act as chartered Secretaries or Administrators
a) to inform any persons in Nigeria who appear to the Council as a persons by whom the course is being held or the qualifications are being awarded or the Institute is being inspected; c) to take into account any presentation in relation to the nomination referred to in subparagraph (b) of this Subpart.
3. In respect of any revocation of Council authorisation under this Section for a course, qualification or facility, the course, qualification or facility shall not be considered as authorised under this Section, but the revocation of such authorisation shall not affect the registry or registrability of any individual who was officially recorded or entitled to be officially recorded (either conditionally or conditionally or subject to certification or experience) under the authorisation immediately prior to the revocation of the authorisation.
b ) the tests on the basis of which authorised qualification is awarded and for the performance of this task, the Council may designate a commission to either inspect or participate in tests at institutes authorised either from among its members or for other reasons. a) the appropriateness of the teaching of individuals participating in authorised trainings at facilities it visits; c) to provide a statement of any questions related to the facilities or exams which the Council may require, either generally or in a particular case, but no member of the delegation shall meddle in the provision of the teaching, operation or exam.
Upon receiving a copy of a reported under this Section, the Council may, if it deems it appropriate, and at the Institute's request, forward a copy of the reported text to the individual who appears to the Council as the officer or officers of the body or officers conducting the audits to which the reported text refers, and shall invite such individual to comment on the reported text to the Council within the time limit specified in the application and specified in the application, and at least one months from the date of the application.
1. An organ known as the Disciplinary Tribunal for Chartered Secretaryaries and Administrators (hereinafter called " the Tribunal" in this Act) shall be set up with the task of examining and deciding any case brought before it by the Tribunal set up under paragraph 3 of this Section and any other case in which the Tribunal is aware of the following provision of this Act.
2. The arbitral tribunal shall be composed of the President of the Council and six other members of the Council designated by the Council. The Panel shall be nominated by the Council and shall be composed of two members of the Council and a chartered clerk and manager who shall not be a member of the Council.
5. The Third List shall, in so far as it applies to the Tribunal or the Committee, be effective for those institutions. The Council may adopt measures which are not incompatible with this Act in the case of conduct which constitutes serious occupational wrongdoing. c) the Arbitral Tribunal is convinced that the name of a persons name has been entered or recorded with fraudulent intent, the Arbitral Tribunal may, if it deems it appropriate, issue an instruction rebuking that persons name or instructing the Registrar to remove his name from the pertinent part of the Registry.
2. The arbitral tribunal may, if it considers it appropriate, postpone or further postpone its ruling on the issue of an instruction under paragraph 1 until a later hearing of the arbitral tribunal for a period of more than one year in total. 4. To the extent possible, no individual may be a member of the arbitral tribunal for the purpose of making a postponed or further postponed ruling, unless he or she was present as a member of the arbitral tribunal when the ruling was postponed, unless the sentence is due at a point in law at which no appeals or further appeals are in progress or can be filed in relation to the sentence (without extending the period).
6. If the arbitral tribunal gives an instruction under paragraph 1 of this Section, the arbitral tribunal shall cause the instruction to be delivered to the individual to whom it refers. 7. The persons to whom an order issued under paragraph 1 of this Section refers may at any moment within 28 working days following notification of the order lodge an appellate claim against the order with the Federal Court of Justice; and the court may appear as defendant of the appellate claim and, for the purposes of issuing orders concerning the cost of the appellate claim and the procedure before the court, the court shall be considered a party to it, whether or not it appear at the oral procedure for the appellate claim.
a) no appeals under this section are lodged against the instructions within the period for such an appellate decision or after the expiry of that period; b) such an appellate decision is lodged and revoked or is revoked in the absence of criminal proceedings; and if the appellate decision is revoked or revoked; and if the appellate decision is rejected; the court or tribunal under this section shall not be permitted to be re-registered unless the court or tribunal has an instruction in that name which it has given at the request of that party.
An order under this Section to remove a person's name from the register may prevent that request under sub-section (9) of this Section from being made by that Person until the expiry of such time limit from the date of the order (and if he has properly made such a request from the date of his last application) or as specified in the order.
authorisation from the Minister referred to as the Minister's Office, representing the Chartered Secretariat and Manager office. The appointment of a Regierung or individual is necessary, under the conditions or within the framework of such appointment, to carry out the functions of Chartered Secretariat and Manager or one of them.
a) the education of authorised secretaries and administrators of appropriate individuals in the methodology and practices of promoted secretarial and administrative work; c) the supply of items. a) prescribes the amount and timing of the paying of the yearly fee and the yearly extension of the studies, and for this reason other sums may be fixed in the regulations, since the member of the Institute is a colleague, co-worker or graduated student; b) prescribes the format of the yearly or, if the Council deems it appropriate, by approving an established license;
c) Limitation of the right to act as chartered clerk and liquidator if the amount of the yearly fee is not paid, if the delay lasts longer than the term specified in the charter; e) Determination of the duration of probationary service in the chartered clerk and liquidator's offices in the field that must be complete before a candidate can qualify to register or be licensed to act as chartered clerk and liquidator.
3. The internal regulations shall be made public in the Official Journal if the President of the Council so orders. a) Providing and maintaining a book and publication resource to promote awareness of the chartered secretariat and management and other book and publication resources that the Council deems necessary for the purposes; b) Encouraging research on the chartered secretariat and management and related entities as the Council deems necessary from period to period.
1. All provisions adopted pursuant to this Act shall be promulgated in the Official Journal as soon as they have been adopted and the Minister shall, without delay after their publication, submit to the President a copy of such provisions. 2. The provisions adopted for the objectives of this Act shall be confirmed by the Institute at its next general assembly or at an extraordinary session of the Institute called for that objective, and if they are then repealed, they shall expire on the date following that of their repeal, without prejudicing any action taken or proposed to be taken to comply with them.
2. If a nonmember of the Institute acts on or after the applicable date as chartered clerk and manager for or in anticipation of a remuneration, or adopts or uses a name, title, endorsement or descriptive document indicating that he or she is in fact acting as chartered clerk and manager, he or she shall be liable.
3. If the Registrar or any other persons engaged by or on behalf of the Institute intentionally commit a counterfeiting of a subject concerning the Registry, he shall be found to have committed a criminal offense. 5. If an offense under this Section which has been perpetrated by a corporation can be proven to have been perpetrated with the approval or acquiescence of a principal, executive agent, clerk or other similar executive of the corporation, or of a negligent individual pretending to act in such capacities, or to have been perpetrated, or to have been the result of negligence, both the principal and the corporation shall be considered culpable and may be prosecuted and sanctioned accordingly.
"Designated Date" shall mean the date of entry into effect of this Act; "Designated Secretary of the Institute " shall mean an designated Secretary-of the Institute entered as a Member or associated Member; "Council" shall mean the Council which has been set up as the management organ of the Institute in accordance with § 3 of this Act; "Inscribed " in respect of a Fellows or associated member, i.e. recorded in the part of the Registry referring to Fellows or associated members; "Fees" shall include annuities; "Incorporated Institute" shall mean the Institute of Examined Secretaries and Administrators which, in accordance with the superseded Stock Corporation Act No.
1968; "Institute" means the Institute of Chartered Secretaryaries and Administrators of Nigeria formed under Section 1 of this Act; President; Training; "Panel" has the meanings attributed to it by Section 11 of this Act; name in the Institute; "Register" means the registry kept under Section 6 of this Act; "Tribunal" has the meanings attributed to it by Section 11 of this Act.
1. Subject to the conditions laid down in this subsection, a member of the Council shall be in post for a term of two years from the date of his nomination or election. 2. 2. In the case of a member who has been President of the Institute, he shall remain in post for a term of five years from the date of his resignation as President of the Institute.
3. Any member of the Institute who resigns shall stop exercising his functions in the Council if he is also a member of the Council. The President of the Institute shall relinquish his duties and any member nominated may, with the approval of the Minister, relinquish his duties in the same way.
5. A resigning member of the Council or otherwise no longer an electoral member of the Council may rejoin the Council and any member nominated may be renominated. 6. At their next session before the Institute's next session, the members of the Council shall cause the five members of the Council who have been nominated or elected/most senior to be retired at that session.
Elections to the Council shall be conducted in the fashion required by internal regulations adopted by the Council and, in the meantime, shall be determined by show of hand. Part of the period of appointment and the next session of the Institute shall seem to justify the appointment of a suitable candidate to co-opt for the above period.
It shall have the authority to do whatever it considers necessary to make it easier to carry out the Institute's work. 1. Subject to the provision of this Act, the Council may, on behalf of the Institute, adopt rules of procedure governing the work of the Institute, the Council or any of its subcommittees.
2. The Rules of Procedure shall stipulate that resolutions shall be adopted by a qualified majority of the members and that, in the case of a tied vote, the President of the Institute or, where appropriate, the Chair shall have a second or decisive vote. 2. 3. The rules of procedure of a delegation shall require it to report to the Council on any question falling outside its decision-making powers.
It shall be decided by the General Affairs and External Relations Committee. 1. The Board shall call the Institute's next session on 30 April each year or on such other date as the Board may from year to year determine so that, if the session does not take place within one year of the preceding session, there shall be no more than fifteen month between the two sessions.
The Council may call an extraordinary session of the Institute at any given moment; if not less than twenty members of the Institute so request, the Chair of the Council shall call an extraordinary session of the Institute by informing the Registrar of the Institute in writing of the objectives of the session being called.
1. Subject to the rules of procedure of the Council, the Council shall hold whenever it is convened by the Chairperson, and whenever the Chairperson is obliged to do so by written notification from at least seven other members, it shall convene a session of the Council which shall be convened within seven working days of the date of such convening. The Council shall hold the Chair, but if both are not present, the members present at the session shall designate a Chairperson from among their number.
3. If the Council wishes to seek the opinion of a specific individual on a particular issue, the Council may co-opt that individual as a member for such time as the Council deems appropriate; however, a individual who is a member pursuant to this subparagraph shall not have the right to participate in any Council session and shall not constitute a quorum. However, such individual shall not be a member of the Council.
The Council is convened by the Minister, who may, at his discretion, give instructions on the procedures to be followed at the session. The Council may designate one or more committee (s) to perform, on the Council Institute's behalf, the tasks defined by the Council.
2. A selection board designated in accordance with this subparagraph shall be composed of the number of individuals designated by the Council, not more than one-third of whom shall be non-members of the Council, and of a member other than a member of the Council, acting in the selection board in accordance with the provisions of the act appointing them. By the Council.
The affixing of the Institute's stamp shall be certified by the signing of the President of the Institute or of any other member of the Council who has been given general or specific powers by the Institute to act for this end. 2. Any treaty or document which would not have to be sealed if it had been concluded or performed by a non-entity entity may be concluded or performed on the Institute's or the Council's authority, as the case may be, by a general or special officer of the Council for that effect.
3. Any documents which purport to be documents properly drawn up under the Institute's stamp shall be accepted as proof and, unless proven otherwise, shall be considered to have been made. Any free member, any deficiency in the nomination of a member of the Institute or of the Council of a member of the Council of a member of the Council or of a member of the Council of a member of the Council or any failure by a member who is not qualified to participate in the procedure shall not affect the validity of a procedure of the Institute or of the Council of a member of the Council.
Each member of the Institute or of the Council and any individual serving on a Council subcommittee who has a vested interest in a treaty or agreement which is put forward for examination by the Council on the Institute's or a Council subcommittee's authority shall, without delay, communicate his or her interests to the President of the Institute or of the Council and shall not vote on any matter concerning the treaty or agreement.
a) the Institute was a Contracting Parties; c) for any referral (however formulated and whether explicit or implicit) to a member or members of the Council of the Institute or to an executive of the Institute, in respect of anything to be done on or after the date of appointment, a referral to one or more members of the Council under this Act or to the executive of the Institute as similar as practicable to that member or executive of the Institute was made.
2. Other documentation relating in particular or generally to the founding institution shall be taken into account, where appropriate, in accordance with subsection 1 of this subsection. 3. Without detriment to the universality of the preceding clauses of this Annex, where the application of any of them or of Section 5 of this Act confers any right, duty or duty on the Institute, the Institute and any other person shall have the same right, power and remedy (and,
and in particular the same privileges as in the case of instituting or refusing judicial proceedings or filing or refusing requests to an authority) to establish, perfect or enforce that right, responsibility or duty as it would have been if it had at any time been a right, responsibility or duty of the Institute.
4. Any judicial proceeding or request to a public body by or against the Registered Institution in respect of any asset or liability assigned to the Institution by this Act may be resumed by or against the Institution on or after that date. 5. Where the applicable laws at the place where any estate conveyed by this Act is located provide for the recording of assignments of assets of the kind in dispute (whether by means of references to a deed of assignment or otherwise), the laws shall, to the extent that they provide for amendments to a registry (but not to prevent the assignment, paying of charges or any other matter), govern with such amendments as may be necessary for the assignment of the foregoing estate;
the Council shall provide the competent official of the registry with the necessary information on the delegation and that official shall record the delegation accordingly. Assignment of duties, etc., month after the date set) for the Institute's General Assembly.
2. The members of the Council of the Institute shall be considered members of the Council of the Institute until the date fixed in accordance with the first subparagraph if the Institute is to meet for the first time at its own session and if they resign at the end of that session.
b ) on the date on which he took up or last took up his duties in accordance with the applicable Article. 4. The members of the constituent institution shall be entered as members of the institution from the date fixed; without prejudice to the universality of the rules of this register concerning the delegation of ownership, any member of the founding institution's personnel who was a member of that institution immediately before that date shall, on that date, hold an appointment having the statute, title and function of the institution as closely as possible equivalent to those to which he is entitled in his capacity as a member of that personnel.
5. Anyone who, immediately before the date nominated, acts as an incumbent or member of the Council of the Founding Institute and is considered under this subsection to have been nominated for a similar post in the Institute or in the Council of the Institute, and thereafter resigns from that post other than as a result of his wrongdoing, shall be entitled to be nominated as an incumbent or a member of the Council of the Institute.
6. All provisions, regulations and similar instruments adopted for the purpose of the constituent institution and in effect immediately before the date designated, except where such provisions, regulation or similar instrument is later withdrawn or modified by a competent public body on its own account, shall have effect, with all necessary amendments, as properly applied for the corresponding purpose of the institution.
There shall be a quorum at the Tribunal, of which at least two shall be secretaries and administrators; in the way laid down in the internal regulations, to the persons who are the object of the proceeding; procedure; (c) to ensure that each of the parties to the proceeding, at the request of the Tribunal, has the right to be heard it; (d) to enable each of the parties to the proceeding to be assisted by a lawyer; (e) save as otherwise provided in section 12(5) of this Act, as regards the cost of the proceeding before the Tribunal;
f ) in a case where it is claimed that the party who is the object of the proceeding is at fault for notorious behaviour in any occupational regard, to require the court, if it finds that the claim has not been proven, to make a determination that the party is not at fault for such behaviour in the matter to which the claim refers; g) the disclosure in the Official Journal of any directions of the court which have become effective, provided that the name of a party is removed from a registry.
1. An expert of the arbitral tribunal, nominated by the Council on a proposal from the Prosecutor General of the Federation and a lawyer of at least ten years' duration, shall advise the arbitral tribunal on matters of law resulting from a proceeding before it in all such proceeding.
a) if an expert counsels the arbitral tribunal on any legal matter referred to in the Internal Regulations in relation to proof, process or other matters, he shall do so in the attendance of any of the parties or persons appearing there who represent a Party to the process or, if the counselling is offered during the course of the arbitral tribunal's personal counselling, that each of the above parties or persons be advised of what the expert has offered; the arbitral tribunal shall not agree to the expert's counselling on such a matter.
3. An expert may be nominated in accordance with this subsection either generally or for a specific procedure or category of procedure and shall perform and leave his duties in accordance with the provisions of the document appointing him. 1. The Panel may adopt rules of procedure relating to the Panel at any panel session in which all members of the Panel participate.
1. A member who is no longer a member of the court or tribunal shall be entitled to be reappointed as a member of that tribunal or tribunal. 2. A persons who is otherwise entitled may be a member of both the arbitral tribunal and the arbitral tribunal, but no persons who have in any case been members of the arbitral tribunal may act as members of the tribunal in relation to that case.
Neither the Court nor the Panel may act irrespective of a vacancy in its composition; and the procedures of both bodies shall not be suspended by irregularities in the nomination of a member of that panel or (subject to the provisions of subsection 7(2) of this Annex) by the fact that a persons who was not authorised to do so participated in the procedures of that panel.
Every record approved or requested under this Act to be delivered to the arbitral tribunal or panel shall be delivered to the Registrar designated under Section 6 of this Act. All costs of the court or panel shall be borne by the Institute.