The Council of the Pharmaceutical Society of Northern Ireland (Fitness to Practise and Disqualification) Regulations (Northern Ireland) 2012

Procedure at review hearings

36.—(1) Unless the Statutory Committee determines otherwise, the order of proceedings at a review hearing is to be in accordance with paragraphs (2) to (9).

(2) The Statutory Committee must hear and consider any preliminary legal arguments.

(3) The chair must—

(a) where the person concerned is present or represented, require the person concerned to confirm their name; or

(b) otherwise, require the presenter to confirm the person concerned’s name.

(4) The presenter —

(a) must inform the Statutory Committee of the background to the case, and the sanction previously imposed or undertaking entered into;

(b) must direct the attention of the Statutory Committee to any relevant evidence, including transcripts of previous hearings; and

(c) may adduce evidence and, subject to paragraph (10), call witnesses in relation to the person concerned’s fitness to practise or, as the case may be, their failure to comply with an undertaking or with any requirement imposed as a condition of registration.

(5) The person concerned may present their case, adduce evidence and, subject to paragraph (10), call witnesses in support of it.

(6) The Statutory Committee must receive further evidence and hear any further submissions from the parties—

(a) where the Statutory Committee has given a direction under paragraph 7(2)(d) or (e) of Schedule 3 to the Order, as to what direction to give, if any, under paragraph 7(3) of that Schedule;

(b) where the person concerned has given an undertaking, as to whether the person concerned has breached the undertaking;

(c) where the Statutory Committee has given a direction under section 80(1) or (4) of the Act, as to whether that direction should be revoked.

(7) The Statutory Committee must consider and announce its finding on the relevant question in paragraph (6) and give its reasons for that decision.

(8) The Statutory Committee must consider and announce its decision as to—

(a) the direction, if any, to be given under paragraph 7(3) of Schedule 3 to the Order; or

(b) the revocation of the direction under section 80(1) or (4) of the Act,

and give its reasons for that decision.

(9) Where the Statutory Committee finds that an undertaking has not been complied with, it may—

(a) in fitness to practise proceedings, determine that the registered person’s fitness to practise is impaired on the basis of that failure to comply and make a determination under paragraph 7(2) of Schedule 3 to the Order;

(b) in disqualification proceedings, treat the failure as misconduct and give a direction under section 80(1) or (4) of the Act.

(10) The chair may refuse to allow a witness to give oral evidence, or to give oral evidence on a particular matter—

(a) if not satisfied that the witness is in a position to provide relevant testimony; or

(b) if satisfied that all or part of the evidence that the witness is to provide, or is to provide on that matter, should have been disclosed to the party not calling the witness at an earlier stage in the proceedings.

(11) Notwithstanding the procedure set out in paragraphs (2) to (9), the Statutory Committee may allow the parties to make additional submissions at any time.