235Quorum

1. The quorum at any sitting of the Disciplinary Tribunal or a division of the Disciplinary Tribunal is 5 members of the Disciplinary Tribunal.

2. Despite subsection (1), a quorum is not present if—

3. no lay member is present; or
4. the number of lay members present exceeds the number of members present who hold office under section 228(d) or section 228(e).

5. Every question before the Disciplinary Tribunal or a division of the Disciplinary Tribunal is to be determined by the opinion of the majority of the members present at a sitting of the Disciplinary Tribunal or division, and, if the members are equally divided in their opinions, that of the chairperson prevails.

6. Subsection (1) is subject to subsection (5) (which permits a reduced, specified 3-member quorum for specified purposes) and section 244(2) (which specifies minimum attendance and voting requirements for the making of certain orders).

7. For the purposes specified in section 240(4) (which relates to interim name suppression orders), and for the purposes of section 245 (which relates to interim suspension from practice), the quorum at any sitting of the Disciplinary Tribunal or a division of the Disciplinary Tribunal is (not only compliance with subsection (2)(b) of this section, but also) the following 3 members of the Disciplinary Tribunal:

8. the chairperson of the Disciplinary Tribunal; and
9. a lay member of the Disciplinary Tribunal; and
10. either—
    1. a member of the Disciplinary Tribunal appointed under section 228(d) (if the practitioner to whom the charge relates is a lawyer); or
    2. a member of the Disciplinary Tribunal appointed under section 228(e) (if the practitioner to whom the charge relates is a conveyancing practitioner).