xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULEFitness to Practise of Registered Pharmaceutical Chemists

Pharmacy Act 1954 (c. 61)

4After Schedule 1A there is inserted—

SCHEDULE 1BThe Health Committee

Interpretation

1In this Schedule—

Constitution

2(1)The Committee shall consist of—

(a)a chairman and deputy chairman appointed by the Privy Council, and

(b)six other members appointed by the Council.

(2)The members appointed by the Privy Council shall be registered medical practitioners at the time of their appointment.

(3)At least three of the members appointed by the Council shall be registered pharmaceutical chemists at the time of their appointment.

Term of office and resignation

3(1)A member appointed by the Privy Council—

(a)shall hold office for a period of five years, and

(b)(unless he holds office by virtue of being re-appointed under this paragraph) shall be eligible for re-appointment at the end of his period of office.

(2)A member appointed by the Council shall hold office for such period as may be determined by the Council.

(3)Subject to sub-paragraph (1)(b) of this paragraph, a person shall not be prevented from being a member merely because he has previously been a member.

(4)Any member may at any time resign his office by giving notice in writing to the Council.

(5)If a conditions of practice order or a suspension order is made with respect to a member, he shall cease to be a member on the date on which the order has effect.

Procedure

4(1)In any case, the functions of the Committee shall be performed by three members, of whom—

(a)one shall be the chairman or (if the chairman is not available) the deputy chairman, and

(b)the other two shall be selected by the chairman or (as the case may be) the deputy chairman from the members appointed by the Council.

(2)At least one of the members selected by the chairman or deputy chairman shall be a registered pharmaceutical chemist.

(3)The Committee may act by a majority of the members performing its functions in any case.

Expenses

5The Council may pay to any member such expenses and fees as they consider appropriate in connection with the performance of any functions of the Committee.

Legal assessors

6(1)The Council shall appoint persons to be legal assessors.

(2)The legal assessors shall have the function of giving advice to the Committee on questions of law arising in connection with any matter which the Committee is considering.

(3)To be qualified for appointment under this paragraph as a legal assessor, a person must—

(a)have a five year general qualification (within the meaning of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990), or

(b)be an advocate or solicitor in Scotland of at least five years' standing.

(4)The Council may pay such fees, allowances and expenses to the legal assessors as they consider appropriate.

(5)If a legal assessor appointed under this paragraph is also a member of the Committee or the Statutory Committee, any payment made to him in his capacity as a legal assessor shall be in addition to any to which he is entitled as such a member.

SCHEDULE 1CAppeal Tribunals

Interpretation

1In this Schedule—

Constitution

2An appeal tribunal shall consist of three members of the panel, of whom—

(a)one shall be the chairman or (if the chairman is not available) the deputy chairman,

(b)one shall be a registered medical practitioner, and

(c)one shall be a registered pharmaceutical chemist.

Appeal tribunals panel

3(1)There shall be a panel of persons eligible for membership of appeal tribunals, appointed by the Privy Council.

(2)The panel shall consist of—

(a)a chairman and deputy chairman,

(b)two persons who, at the time of their appointment, are registered medical practitioners, and

(c)two persons who, at the time of their appointment, are registered pharmaceutical chemists.

(3)A person shall not be appointed a member of the panel if—

(a)he is a member of the Council or the Statutory Committee,

(b)he holds any office in the Society, or

(c)he is employed by, or provides any service to, the Society.

(4)A person shall be not be appointed as the chairman or deputy chairman unless—

(a)he is qualified for the appointment, and

(b)his appointment has been approved by the Lord Chancellor and the Lord Advocate.

(5)To be qualified for appointment as the chairman or deputy chairman, a person must—

(a)have a five year general qualification (within the meaning of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990), or

(b)be an advocate or solicitor in Scotland of at least five years' standing.

Term of office and resignation

4(1)A member of the panel—

(a)shall hold office for a period of five years, and

(b)(unless he holds office by virtue of being re-appointed under this paragraph) shall be eligible for re-appointment at the end of his period of office.

(2)Subject to sub-paragraph (1)(b) of this paragraph, a person shall not be prevented from being a member of the panel merely because he has previously been a member.

(3)Any member of the panel may at any time resign his office by giving notice in writing to the Privy Council.

(4)If a conditions of practice order or a suspension order is made with respect to a member of the panel, he shall cease to be a member on the date on which the order has effect.

(5)The Privy Council may remove any member of the panel from office for inability to perform his duties or for misbehaviour.

Clerks of tribunals

5The chairman or deputy chairman may appoint a person approved by the other members of an appeal tribunal to act as clerk of the tribunal.

Expenses

6Any expenses reasonably incurred by an appeal tribunal, including any incurred in connection with the appointment of a clerk, shall be met by the Council.