The General Pharmaceutical Council (Fitness to Practise and Disqualification etc. Rules) Order of Council 2010

Notices of hearing other than interim order hearings

16.—(1) Where the Committee is to hold a hearing, other than an interim order hearing, the secretary must serve a Notice of Hearing on the parties no less than 28 days before the date fixed for the hearing.

(2) The Notice of Hearing must—

(a) state the date, time and venue of the hearing;

(b) in the case—

(i) of a principal hearing, contain the finalised particulars of the allegation,

(ii) where the Registrar is seeking the advice of the Committee under—

(aa) rule 10(8) of the Registration Rules, contain a statement of the Registrar’s grounds for believing that the applicant’s fitness to practise may be impaired for reasons other than adverse physical or mental health,

(bb) rule 10(10) of the Registration Rules, contain a statement of the Registrar’s grounds for believing that the applicant’s fitness to practise may be impaired because of adverse physical or mental health, and

(cc) rule 20(2)(a) of the Registration Rules for the purposes of making findings of fact, contain a statement from the Registrar of the matters on which findings of fact are sought;

(c) where the Committee is to review directions previously given (including in relation to applications for restoration and applications under section 83 of the Act), contain a copy of the directions under review and the Committee’s reasons for making the directions;

(d) inform the person concerned of their right to attend and to be represented or accompanied at the hearing in accordance with rule 40;

(e) inform the person concerned that the Committee may proceed with the hearing in their absence in accordance with rule 25;

(f) inform the person concerned of—

(i) the relevant provisions of rules 31 to 35 relating to the procedure at the hearing,

(ii) the provisions relating to evidence set out in rule 24, and

(iii) the provisions relating to witness evidence set out in rules 43 and 44;

(g) require the person concerned to inform the secretary, within 14 days beginning with the date on which the Notice of Hearing is served, whether they intend to—

(i) attend the hearing,

(ii) be represented at the hearing, and if so, by whom,

(iii) seek to call any witnesses at the hearing, and if so whom,

(iv) in the case of a principal hearing, make any admissions in respect of the allegation, or

(v) where a case has been referred to the Committee under rule 20(2)(a) of the Registration Rules for the purposes of making findings of fact, make any admissions;

(h) if the person concerned is a registrant, inform them of the powers of the Committee to make an interim order;

(i) in the case of a principal hearing, inform the person concerned of the sanctions that may be imposed;

(j) in the case of a review hearing in fitness to practise proceedings, inform the registrant concerned of the Committee’s powers to vary or revoke any sanctions that have been imposed; and

(k) in the case of a restoration hearing, inform the applicant concerned of the Committee’s powers to impose conditions if they are restored to the register.