3. In this Part “the Statutory Committees and their Advisers Rules” means the General Pharmaceutical Council (Statutory Committees and their Advisers) Rules 2010(1).
4.—(1) Rule 3 of the Statutory Committees and their Advisers Rules (composition of the statutory committees) is amended as follows.
(2) In paragraph (1)—
(a)insert “and” at the end of sub-paragraph (b);
(b)for sub-paragraph (c) substitute—
“(c)not fewer than three and not more than eleven other members who may be lay members or registrant members.”; and
(c)omit sub-paragraph (d).
(3) In paragraph (2)—
(a)for sub-paragraph (b) substitute—
“(b)not fewer than three and not more than eight lay members who are deputy chairs; and”;
(b)for sub-paragraph (c) substitute—
“(c)not fewer than eight and not more than fifty one other members who may be lay members or registrant members.”; and
(c)omit sub-paragraph (d).
(4) In paragraph (3)—
(a)insert “and” at the end of sub-paragraph (b);
(b)for sub-paragraph (c) substitute—
“(c)not fewer than three and not more than seventeen other members who may be lay members or registrant members.”; and
(c)omit sub-paragraph (d).
(5) After paragraph (3) insert—
“(3A) The number of lay members of each committee (including any chair or deputy chair) must be at least the same as the number of registrant members.”.
5.—(1) Rule 4 of the Statutory Committees and their Advisers Rules (additional functions of the Investigating Committee) is amended as follows.
(2) In paragraph (1)—
(a)omit sub-paragraph (a);
(b)for sub-paragraph (b) substitute—
“(b)providing advice to the Council about the content of any guidance to be issued by the Council about the circumstances in which allegations that have been referred to the Investigating Committee should be referred to the Fitness to Practise Committee;”; and
(c)for sub-paragraph (e) substitute—
“(e)determining whether to notify the Registrar that the Council should consider exercising any of its powers to bring criminal proceedings in relation to—
(i)criminal conduct allegations, and
(ii)cases that have been referred to it as disqualification allegations.”.
(3) Omit paragraph (2).
6. In rule 5 of the Statutory Committees and their Advisers Rules (additional functions of the Fitness to Practise Committee)(2)—
(a)for paragraph (b) substitute—
“(b)providing advice to the Council about the content of the guidance referred to in rule 4(1)(b);”; and
(b)for paragraph (d) substitute—
“(d)providing advice to the Council about the content of any guidance to be issued by the Council about sanctions that particular classes of cases before the Fitness to Practise Committee should attract.”.
7. In rule 6 of the Statutory Committees and their Advisers Rules (Appointments Committee)—
(a)renumber the existing provision as paragraph (1); and
(b)after that paragraph insert—
“(2) In exercising the functions under paragraph (1)(a), the Appointments Committee must ensure that the requirements of rule 3 as to the size and composition of each statutory committee are met.”.
8.—(1) Rule 8 of the Statutory Committees and their Advisers Rules (eligibility of employees of the Council and other persons for appointment to statutory committees) is amended as follows.
(2) For paragraph (2) substitute—
“(2) A person may not be appointed to be at the same time—
(a)a member of the Investigating Committee; and
(b)a member of another statutory committee.”.
(3) In paragraph (3)(f), for “formal caution” substitute “caution”.
9. In rule 9 of the Statutory Committees and their Advisers Rules (required competencies for members of statutory committees), omit paragraphs (1) and (3).
10. For rule 11 of the Statutory Committees and their Advisers Rules substitute—
11. No person—
(a)may be appointed as a member of a particular statutory committee (including a chair or deputy chair) for a term of office that is longer than four years;
(b)may serve as a member of the same committee for more than a total of eight years in any twenty year period.”.
11.—(1) Rule 13 of the Statutory Committees and their Advisers Rules (reserve list) is amended as follows.
(2) For paragraph (1) substitute—
“(1) The Appointments Committee must maintain a reserve list of persons who are eligible to serve as a member of one or more statutory committees.”.
(3) After paragraph (1) insert—
“(1A) In relation to any person whose name appears on the reserve list, the Appointments Committee must specify—
(a)the statutory committee or statutory committees to which appointment may be appropriate;
(b)whether any appointment would be as a registrant member or as a lay member;
(c)whether appointment as a chair or deputy chair of the Investigating Committee may be appropriate;
(d)whether appointment as a deputy chair of the Fitness to Practise Committee may be appropriate; and
(e)whether appointment as a chair or deputy chair of the Appeals Committee may be appropriate.
(1B) In relation to any person whose name appears on the reserve list, where—
(a)both the Fitness to Practise Committee and the Appeals Committee are specified as statutory committees to which the person’s appointment may be appropriate; and
(b)the person is appointed to one of those committees,
the person’s name may be retained on the reserve list for the purpose of appointment to the other committee.”.
(4) For paragraph (3) substitute—
“(3) Persons on the reserve list may be appointed to fill a vacancy that arises on a statutory committee only if—
(a)the matters specified in the reserve list under paragraph (1A) in respect of that person show that the person is suitable for the vacancy; and
(b)the Appointments Committee considers that it would be appropriate to make the appointment.”.
(5) Omit paragraphs (4) and (5).
(6) For paragraph (7) substitute—
“(7) Where a member of a statutory committee other than the chair is unable to sit to consider a case for any reason, the chair of the committee may co-opt a person whose name appears on the reserve list to serve as a member of the committee (including as a deputy chair) for that particular case if—
(a)that committee is specified as a statutory committee to which the person’s appointment may be appropriate; and
(b)the chair considers that it would be appropriate for the person to serve as a member of the committee.”.
(7) After paragraph (7) insert—
“(8) A person may not be co-opted under paragraph (7) to be at the same time—
(a)a member of the Investigating Committee; and
(b)a member of another statutory committee.”.
12.—(1) Rule 14 of the Statutory Committees and their Advisers Rules (suspension and removal of statutory committee members and persons on the reserve list) is amended as follows.
(2) In paragraph (1)—
(a)in sub-paragraph (a), for “a statutory committee” substitute “the statutory committee in question”;
(b)in sub-paragraph (b), after “term of office” insert “for the statutory committee in question”; and
(c)in sub-paragraph (d)—
(i)in paragraphs (i), (ii) and (vii), for “a statutory committee” substitute “the statutory committee in question”; and
(ii)in paragraph (iv), for “a statutory committee” substitute “any statutory committee”.
(3) For paragraph (5) substitute—
“(5) The Council must determine the procedure for—
(a)the suspension or removal of a member of a statutory committee; and
(b)the removal of a person from the reserve list,
and must prepare and issue a statement of that procedure to each committee member and person on the reserve list.”.
13.—(1) Rule 16 of the Statutory Committees and their Advisers Rules (power to co-opt members of statutory committees) is amended as follows.
(2) In paragraph (1), for “paragraphs (3) and (4)” substitute “paragraphs (3) to (4)”.
(3) After paragraph (3) insert—
“(3A) A person may not be co-opted under paragraph (1) to be at the same time—
(a)a member of the Investigating Committee; and
(b)a member of another statutory committee.”.
(4) In paragraph (4)—
(a)after “The following” insert “other”; and
(b)omit sub-paragraph (b).
14. In rule 17 of the Statutory Committees and their Advisers Rules (secretaries of statutory committees), for paragraph (3) substitute—
“(3) A person who acts as secretary to the Investigating Committee in relation to a fitness to practise allegation must not act as secretary to the Fitness to Practise Committee in any proceedings before the Fitness to Practise Committee in connection with that allegation.”.
15. For rule 18 of the Statutory Committees and their Advisers Rules substitute—
18.—(1) Subject to any determination made under rule 18A(or 18B(1) in respect of any particular meeting or hearing, the quorum for a meeting (other than a case management meeting) or a hearing of a statutory committee is three members.
(2) The members must include—
(a)the chair or a deputy chair;
(b)a lay member; and
(c)a registrant member.
(3) At any meeting or hearing of a statutory committee, the number of registrant members considering a case must not exceed the number of lay members (including any chair or deputy chair) by more than one.
(4) Case management meetings of the statutory committees are to be conducted by the chair of the statutory committee which is holding the case management meeting.”.
16. After rule 18 of the Statutory Committees and their Advisers Rules insert—
18A.—(1) The chair of the Fitness to Practise Committee may, having consulted the secretary of the Committee, and with regard to—
(a)the matters to be considered by the Committee; and
(b)the availability, experience and expertise of Committee members,
determine the particular size, composition and quorum of the Committee required for each hearing and any related meeting (other than any case management meeting).
(2) Where the chair determines that only specified members of the Committee are required for a particular hearing and any related meeting, the chair must ensure that—
(a)the chair or a deputy chair is one of those members;
(b)the quorum is not less than three;
(c)the number of registrant members who are members of that formation of the Committee does not exceed the number of lay members (including any chair or deputy chair) by more than one; and
(d)any member who has sat in a formation of the Committee that has made an interim suspension order or an order for interim conditional entry in a particular case does not sit in subsequent proceedings in that case.
(3) Paragraph (2)(d) does not apply where the subsequent proceedings are held solely for the purposes of determining under article 56 of the Order whether to confirm, vary, replace or revoke an interim suspension order or an order for interim conditional entry.
18B.—(1) The chair of the Appeals Committee may, having consulted the secretary of the Committee, and with regard to—
(a)the decision appealed against and the matters set out in the Notice of Appeal; and
(b)the availability, experience and expertise of Committee members,
determine the particular size, composition and quorum of the Committee required for each hearing and any related meeting (other than any case management meeting).
(2) Where the chair determines that only specified members of the Committee are required for a particular hearing and any related meeting, the chair must ensure that—
(a)the chair or a deputy chair is one of those members;
(b)the quorum is not less than three; and
(c)the number of registrant members who are members of that formation of the Committee does not exceed the number of lay members (including any chair or deputy chair) by more than one.”.
17.—(1) Rule 21 of the Statutory Committees and their Advisers Rules (functions of legal advisers) is amended as follows.
(2) In paragraph (1)—
(a)omit sub-paragraph (a); and
(b)in sub-paragraph (b), omit “other”.
(3) In paragraph (2), for “paragraph (1)(a) or (b)” substitute “paragraph (1)(b)”.
(4) Omit paragraph (4).
Scheduled to S.I. 2010/1616.
Rule 5 is amended by S.I. 2011/1367.