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Statutory Instruments

2007 No. 442

health care and associated professions

Pharmacists

The Royal Pharmaceutical Society of Great Britain (Fitness to Practise and Disqualification etc. Rules) Order of Council 2007

Made

26th February 2007

Laid before Parliament

2nd March 2007

Coming into force

30th March 2007

Go to Explanatory Note

At Council Chamber, Whitehall, the 26th day of February 2007

By the Lords of Her Majesty’s Most Honourable Privy Council

The Council of the Royal Pharmaceutical Society of Great Britain has made the Royal Pharmaceutical Society of Great Britain (Fitness to Practise and Disqualification etc.) Rules 2007, which are set out in the Schedule to this Order, in exercise of the powers conferred by articles 7(2)(d) and (4)(d), 49(1), 51(1), 52(1), 55(3), 59(1), 61(4), 62(7) and 66(1) of the Pharmacists and Pharmacy Technicians Order 2007(1).

In accordance with article 66(3) of that Order, the Council of the Royal Pharmaceutical Society of Great Britain has consulted, in relation to rules under article 59(1) of that Order, Primary Care Trusts in England, Local Health Boards in Wales and Health Boards in Scotland.

By virtue of article 66(4) of that Order, such Rules shall not come into force until approved by Order of the Privy Council.

Their Lordships, having taken these Rules into consideration, are pleased to and do approve them.

This Order may be cited as the Royal Pharmaceutical Society (Fitness to Practise and Disqualification etc. Rules) Order of Council 2007 and shall come into force on 30th March 2007.

Christine Cook

Deputy Clerk of the Privy Council

SCHEDULE The Royal Pharmaceutical Society of Great Britain (Fitness to Practise and Disqualification etc.) Rules 2007

Contents

  1. PART 1

    Preliminary matters

    1. 1. Citation and commencement

    2. 2. Interpretation

    3. 3. Service of documents

    4. 4. Venue of proceedings

    5. 5. Duty to notify the Registrar of changes in information

    6. 6. Additional functions of the Investigating Committee

    7. 7. Additional functions of the Health Committee

    8. 8. Additional functions of the Disciplinary Committee

  2. PART 2

    Initial consideration by the Registrar

    1. 9. Consideration of allegations by the Registrar

    2. 10. Notices of referral and documents to be supplied to registrants

    3. 11. Applications for restoration

  3. PART 3

    Consideration by the Investigating Committee

    1. 12. Procedures of the Investigating Committee

    2. 13. Warnings and undertakings

    3. 14. Notices of decision

    4. 15. Reconsideration of allegations

  4. PART 4

    Consideration by the Health and Disciplinary Committees: initial stages

    1. 16. Action upon referral of an allegation

    2. 17. Disclosure provisions: standard Disciplinary Committee cases

    3. 18. Disclosure provisions: fast track and Health Committee cases

    4. 19. Inspection of documents

    5. 20. Notices of hearing other than in interim order proceedings

    6. 21. Interim Order Notices and court referrals

    7. 22. Hearing bundles

    8. 23. Requests for case management directions

    9. 24. Case management meetings

    10. 25. Case management directions

  5. PART 5

    Matters arising both before and during hearings

    1. 26. Practice directions

    2. 27. Referral of allegations from the Disciplinary Committee to the Health Committee

    3. 28. Referral of allegations from the Health Committee to the Disciplinary Committee

    4. 29. Clinical and other specialist advice

    5. 30. Evidence

    6. 31. Joinder of allegations for a joint hearing

    7. 32. Consideration of allegations that relate to more than one category of impairment

    8. 33. Consideration of additional allegations

    9. 34. Additional evidence for review hearings

  6. PART 6

    Meetings, hearings etc.

    1. 35. Order of proceedings at principal hearings before the Disciplinary Committee

    2. 36. Order of proceedings at principal hearings before the Health Committee

    3. 37. Order of proceedings in relation to registration cases before the Health or Disciplinary Committee

    4. 38. Order of proceedings at a review or restoration hearing

    5. 39. Order of proceedings at an interim order hearing

    6. 40. Postponements and adjournments

    7. 41. Disposal of allegations without hearings

    8. 42. Attendance of the public at hearings

    9. 43. Representation

    10. 44. Amendment of the particulars of the allegation at principal hearings

    11. 45. Burden and standard of proof

    12. 46. Witness evidence

    13. 47. Vulnerable witnesses at hearings

    14. 48. Costs of the hearing

    15. 49. Notes and transcripts of hearings

The Council of the Royal Pharmaceutical Society of Great Britain makes these Rules in exercise of the powers conferred by articles 7(2)(d) and (4)(d), 49(1), 51(1), 52(1), 55(3), 59(1), 61(4), 62(7) and 66(1) of the Pharmacists and Pharmacy Technicians Order 2007.

In accordance with article 66(3) of that Order, the Council of the Royal Pharmaceutical Society of Great Britain has consulted, in relation to rules under article 59(1) of that Order, Primary Care Trusts in England, Local Health Boards in Wales and Health Boards in Scotland.

(1)

S.I. 2007/289. Back [1]