Pharmacy (Northern Ireland) Order 1976

[F1 Initial action in respect of allegations N.I.

5.— (1) Where—

(a) an allegation is made to the Society against a registered person that their fitness to practise is impaired; or

(b) the Society has information that calls into question a registered person’s fitness to practise, even though no allegation to that effect has been made to the Society,

the registrar must, except in such cases and subject to such considerations as the Council may provide in regulations, refer the matter (referred to in this paragraph as “the allegation”) to the Scrutiny Committee.

(2) Regulations under sub-paragraph (1) may provide for—

(a) an allegation not to be referred where it is of a type that the Council has stated in threshold criteria, which it has published and which it may amend from time to time, should not be referred; and

(b) an allegation to be referred, in certain cases specified in regulations, directly by the registrar to the Statutory Committee.

(3) Where the registrar—

(a) refers an allegation directly to the Statutory Committee under regulations made by virtue of sub-paragraph (2)(b);and

(b) is of the opinion that the Statutory Committee should consider making an interim order under paragraph 8,

the registrar must notify the Statutory Committee accordingly.

(4) Where the registrar refers an allegation to the Statutory Committee under regulations made by virtue of sub-paragraph (2)(b), the registrar must inform the registered person who is the subject of the allegation and the person, if any, who made the allegation of that decision.

(5) Once a decision has been taken to refer the allegation to the Scrutiny Committee or (where regulations so provide) the Statutory Committee, the registrar must, as soon as is reasonably practicable—

(a) require from the registered person who is the subject of the allegation details of any person—

(i) by whom the registered person is employed or engaged to provide services in, or in relation to, any area of pharmacy, or

(ii) with whom the registered person has arrangements to provide such services;

(b) notify the Department of the investigation of the registered person’s fitness to practise;

(c) notify the Secretary of State, the Scottish Ministers and the Welsh Ministers of the investigation of the registered person’s fitness to practise where the registered person is also entered in the register established and maintained under Article 19 of the Pharmacy Order 2010; and

(d) notify any person of whom the registrar is aware—

(i) by whom the registered person is employed or engaged to provide services in, or in relation to, any area of pharmacy, or

(ii) with whom the registered person has arrangements to provide such services,

of the investigation of the registered person’s fitness to practise.

(6) Where a registered person fails to comply with a requirement imposed under sub-paragraph (5)(a) within 14 days of the requirement being imposed, or within such longer period as the registrar may in the circumstances of the particular case allow—

(a) the failure may be treated as misconduct for the purposes of paragraph 4(1)(a) and the registrar may refer the matter to the committee that is considering the allegation in respect of the registered person; and

(b) the registrar may seek an order of the county court requiring the requested details to be supplied.]

F1 Sch. 3 substituted (1.10.2012) by The Pharmacy (1976 Order) (Amendment) Order (Northern Ireland) 2012 (S.R. 2012/308), arts. 1(1), 11, Sch. 2 (with Sch. 3)