PART 2Membership of the Council

Removal of members of the Council from office3.

(1)

A member of the Council must be removed from office by the Department, if—

(a)

the member resigns, which a member may do at any time by a notice in writing to the Department;

(b)

in the case of—

(i)

a member who is a registered person, he ceases to be registered, or

(ii)

a lay member, that member becomes a person who no longer satisfies the criteria for being a lay member in Article 2(2) of the Order (Interpretation);

(c)

the member becomes a person of the type mentioned in regulation 2(a), (b) or (e) to (j) (irrespective of whether or not they subsequently cease to be a person of the type mentioned in those provisions);

(d)

the member becomes a person of the type mentioned in regulation 2(c) or (d);

(e)

in the case of a registered person, the member has become the subject of any investigation or proceedings concerning the member’s fitness to practise by the Statutory Committee, as a result of which—

(i)

the member’s entry in the register, is suspended,

(ii)

the member’s name is struck off the register,

(iii)

the member’s entry in the register is made subject to an order imposing conditions with which the member must comply,

and the proceedings relating to that particular sanction have reached their final outcome;

(f)

in the case of a registered person, the member has become the subject of any investigation or proceedings relating to an allegation that the member’s entry in the register was fraudulently procured or incorrectly made, the final outcome of which was the member’s entry being struck off the register;

(g)

the Department is satisfied that the member’s level of attendance at meetings of the Council falls below a minimum level of attendance acceptable to the Department whether or not there has been reasonable cause for the member’s non-attendance;

(h)

the Department is satisfied that the member is no longer able to perform their duties as a member of the Council because of adverse physical or mental health;

(i)

the Department is satisfied that the member’s continued membership of the Council would be liable to undermine public confidence in the regulation of pharmaceutical chemists;

(j)

the Department is of the opinion that it is not in the interests of, or conducive to the good management of the Society that the member should continue to hold office.

(2)

A member of the Council who becomes, or may be about to become, a person to whom paragraph (1)(b) to (f) applies, must notify the Department and the Society in writing of that fact as soon as the person becomes aware of it.

(3)

Any member of the Council or employee of the Society may notify the Department if they are of the view that the Department may need to exercise its functions under paragraph (1).

(4)

The President must notify the Department if the President is aware that—

(a)

a member of the Council has become, or may be about to become, a person to whom paragraph (1)(b) to (f) applies; and

(b)

that member has not notified the Department in writing of that fact and the President is not satisfied that the member will do so immediately.