The Pharmacists and Pharmacy Technicians Order 2007

Initial action in respect of allegations

49.—(1) Where—

(a) an allegation is made to the Society against a registrant that his fitness to practise is impaired; or

(b) the Society has information that calls into question a registrant’s fitness to practise, but no allegation to that effect has been made against him to the Society,

the Registrar shall, except in such cases and subject to such considerations as the Council may prescribe, refer the matter (referred to in this article as “the allegation”) to the Investigating Committee.

(2) Rules under paragraph (1) may in addition provide—

(a) for the allegation to be referred instead, in prescribed cases, to the Disciplinary Committee or the Health Committee; and

(b) that where the Registrar—

(i) refers a case to the Disciplinary or Health Committee; and

(ii) is of the opinion that the Committee to which he has referred the case should consider making an interim order under article 54,

he shall notify the Committee accordingly,

and where the Registrar does decide to refer an allegation to the Disciplinary or Health Committee under such rules, the Registrar shall inform the registrant who is the subject of the allegation and the person (if any) who made the allegation of that decision.

(3) Once a decision has been taken to refer the allegation to the Investigating Committee, or where rules so provide to the Disciplinary or Health Committee, the Registrar shall, as soon as is reasonably practicable—

(a) require from the registrant who is the subject of the allegation details of any person—

(i) by whom the registrant is employed or engaged to provide services in, or in relation to, any area of pharmacy, or

(ii) with whom he has arrangements to do so;

(b) notify the Secretary of State, the Scottish Ministers, the Department of Health, Social Services and Public Safety in Northern Ireland and the National Assembly for Wales of the investigation of the registrant’s fitness to practise;

(c) if the registrant is a registered pharmacist, notify any person in Great Britain of whom the Registrar is aware—

(i) by whom the registrant concerned is employed or engaged to provide services in, or in relation to, any area of pharmacy, or

(ii) with whom he has arrangements to do so,

of the investigation of the registrant’s fitness to practise; and

(d) if the registrant is a registered pharmacy technician, notify any person in England or Wales of whom the Registrar is aware—

(i) by whom the registrant concerned is employed or engaged to provide services in, or in relation to, any area of pharmacy, or

(ii) with whom he has arrangements to do so,

of the investigation of the registrant’s fitness to practise.

(4) Where a registrant fails to comply with a requirement imposed on him under paragraph (3)(a) within 14 days of the requirement being imposed—

(a) the failure may be treated as misconduct for the purposes of article 48(1)(a) and the Registrar may refer the matter to the Committee that is considering the allegation in respect of the registrant; and

(b) the Registrar may seek an order of the relevant court requiring the requested details to be supplied.

(5) For the purposes of this article, the “relevant court” means—

(a) the county court; or

(b) if the registrant is a registered pharmacist domiciled in Scotland, the sheriff in whose sheriffdom that registrant is domiciled.