The Council of the Pharmaceutical Society of Northern Ireland (Appointments and Procedure) Regulations (Northern Ireland) 2012

Suspension of members of the Council from office

4.—(1) The Department may suspend a member of the Council from office by a notice in writing served on that member—

(a) if the Department has reasonable grounds for suspecting that the member has become a person to whom regulation 3(1)(b)(ii) to (d) applies, for the purposes of determining whether or not the member has become such a person;

(b) while the Department is considering whether or not it is satisfied as to the matters set out in regulation 3(1)(g) to (i);

(c) if the member is subject to any investigation or proceedings concerning the member’s fitness to practise by—

(i) any licensing body,

(ii) the Statutory Committee, or

(iii) the Scrutiny Committee,

and the Department is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings concerning the member’s fitness to practise is or are ongoing;

(d) if the member is subject to any investigation or proceedings concerning whether the member’s entry in the register was fraudulently procured or incorrectly made and the Department is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings concerning the member’s entry in the register is or are ongoing; or

(e) if the member is subject to any investigation or proceedings in the United Kingdom relating to an offence which, if committed in any part of the United Kingdom, would constitute a criminal offence, and—

(i) either—

(aa) the investigation or proceedings relate to an offence involving dishonesty or deception, or

(bb) the final outcome of the investigation or proceedings may be that the person is sentenced to a term of imprisonment or detention, and

(ii) the Department is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings are ongoing.

(2) The Department must suspend a member of the Council who is a registered person from office by a notice in writing served on the member if the member is the subject of an interim suspension order under paragraph 8 of Schedule 3 to the Order (Interim Orders).

(3) The notice in writing served under paragraph (1) or (2) must set out the reasons for the suspension and the duration of the period of suspension, which is (in the first instance) not to be for more than 6 months.

(4) The Department—

(a) may at any time review a suspension of a member of the Council by it; and

(b) must review any suspension of a member of the Council by it after 3 months from the start of the period of suspension, if requested to do so by the suspended member.

(5) Following a review, the Department may—

(a) terminate the suspension;

(b) if that review is within 3 months of the end of the period of suspension, extend the suspension for a further period of up to 6 months from the date on which the suspension would otherwise come to an end.

(6) The Department must notify the suspended member of the Council in writing of the outcome of any review and that notice must include the reasons for any decision taken.