The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2012

PART 3 Amendment of the General Pharmaceutical Council (Fitness to Practise and Disqualification etc.) Rules 2010

Interpretation of this Part

18.  In this Part “the Fitness to Practise Rules” means the General Pharmaceutical Council (Fitness to Practise and Disqualification etc.) Rules 2010(1).

Meaning of “secretary”

19.—(1) Rule 2 of the Fitness to Practise Rules (interpretation) is amended as follows.

(2) In paragraph (1), for the definition of “secretary” substitute—

““secretary”—

(a)

except in relation to references to the secretary of the Investigating Committee, means the secretary to the Committee; and

(b)

in relation to either the Committee or the Investigating Committee, means the person who is for the time being acting as secretary to that Committee;”.

(3) In paragraph (2)—

(a) for sub-paragraph (a)(ii) substitute—

“(ii) the secretary,”; and

(b) for sub-paragraph (b)(i) substitute—

“(i) the secretary to the Investigating Committee,”.

Procedures of the Investigating Committee

20.  In rule 9 of the Fitness to Practise Rules (procedures of the Investigating Committee), in paragraph (3)(a), for paragraph (ii) substitute—

“(ii) have regard to any guidance issued by the Council about the circumstances in which allegations that have been referred to the Investigating Committee should be referred to the Committee;”.

Procedure at principal hearings in fitness to practise proceedings

21.—(1) Rule 31 of the Fitness to Practise Rules (procedure at principal hearings before the Committee in fitness to practise proceedings) is amended as follows.

(2) In paragraph (4), for the words “The person acting as secretary” substitute “The secretary”.

(3) For paragraph (14) substitute—

“(14) The Committee must—

(a) having regard to any guidance issued by the Council about sanctions that particular classes of cases before the Committee should attract, consider the course of action under article 54(2) of the Order which is appropriate in the registrant’s case;

(b) announce its decision; and

(c) give its reasons for that decision.”.

Procedure at principal hearings in disqualification proceedings

22.—(1) Rule 32 of the Fitness to Practise Rules (procedure at principal hearings before the Committee in disqualification proceedings) is amended as follows.

(2) In paragraph (4), for the words “The person acting as secretary” substitute “The secretary”.

(3) For paragraph (15) substitute—

“(15) The Committee must—

(a) having regard to any guidance issued by the Council about sanctions that particular classes of cases before the Committee should attract, consider whether or not a direction under section 80(1) or (4) of the Act should be given;

(b) announce its decision; and

(c) give its reasons for that decision.”.

(4) In paragraph (16), for “the direction” substitute “a direction”.

(5) In paragraph (18), for sub-paragraph (b) substitute—

“(b) reconsider the sanction imposed and, having regard to the guidance referred to in paragraph (15)(a), may instead issue a direction under section 80(1) or (4) of the Act (as the case may be).”.

Procedure at review hearings

23.—(1) Rule 34 of the Fitness to Practise Rules (procedure at review hearings) is amended as follows.

(2) In paragraph (1), for the words “paragraphs (2) to (9)” substitute “paragraphs (2) to (9A)”.

(3) After paragraph (9) insert—

“(9A) In making a decision under paragraph (9), the Committee must have regard to any guidance issued by the Council about sanctions that particular classes of cases before the Committee should attract.”.

Representation

24.—(1) Rule 40 of the Fitness to Practise Rules (representation) is amended as follows.

(2) In paragraph (2)—

(a) omit “or” at the end of sub-paragraph (b);

(b) for sub-paragraph (c) substitute—

“(c) a representative from the trade union of the person concerned; or”; and

(c) at the end of that sub-paragraph insert—

“(d) a representative from a relevant organisation acting on behalf of the person concerned.”.

(3) In paragraph (3), for “one of its statutory committees” substitute “any of its statutory committees”.

(4) After paragraph (3) insert—

“(4) The reference in paragraph (2)(d) to a relevant organisation is to any body corporate or partnership which advises, assists or represents applicants concerned, registrants or section 80 parties in respect of matters to be determined by the Committee.”.

(1)

Scheduled to S.I. 2010/1615.