The Royal Pharmaceutical Society of Great Britain (Fitness to Practise and Disqualification etc. Rules) Order of Council 2007

Interpretation

2.—(1) In these Rules—

“the Act” means the Medicines Act 1968;

“allegation”, unless the context otherwise requires, means a criminal conduct allegation, a disqualification allegation or a fitness to practise allegation;

“applicant concerned” means an applicant for registration whose application has been referred to the Health or Disciplinary Committee for advice (or, where appropriate their representatives);

“criminal conduct allegation” means a complaint to, or concern of, the Society which gives rise or may give rise to criminal proceedings under any enactment;

“disqualification allegation” means a complaint to, or concern of, the Society which gives rise or may give rise to an inquiry under Part 4 of the Act;

“fitness to practise allegation” means an allegation which is an allegation for the purposes of article 49(1), 50(1), 51(1) or 52(1) of the Order, as appropriate;

“interim order” means an interim order under article 54 of the Order;

“interim order hearing” means a hearing solely for the purposes of considering whether to make, confirm, vary, replace or revoke an interim order;

“the Order” means the Pharmacists and Pharmacy Technicians Order 2007;

“parties” means the Society and the applicant or registrant concerned (or, where appropriate, their representatives);

“prescribed fee” means a fee prescribed in rules under article 40(1) of the Order;

“the presenter” means the representative of the Society presenting the case at a hearing (and includes employees of the Society);

“principal hearing” means—

(a)

in fitness to practise proceedings, a hearing of the Health or Disciplinary Committee held in connection with making a determination under article 51(2) or (3) or 52(2) or (3) of the Order (as opposed to any further hearing to consider varying or revoking any direction given as a consequence of a finding of impairment); and

(b)

in disqualification proceedings, a hearing of the Disciplinary Committee held in connection with making a direction under section 80 of the Act;

“register of premises” means the register kept under section 75(1) of the Act;

“registrant”, in relation to the register of premises, means the person whose premises (that is, the premises at which he carries on a retail pharmacy business) are entered in the register of premises;

“registrant concerned” in the context of fitness to practise or disqualification proceedings or proceedings under Part 4 of the Registration Rules, means the registrant who is the subject of the allegation or investigation to which those proceedings relate (or, where appropriate, their representatives);

“Registration Rules” means the Royal Pharmaceutical Society of Great Britain (Registration Rules) 2007(1);

“restoration hearing” means a hearing in fitness to practise proceedings to consider an application for restoration to the register;

“review hearing” means a hearing for the purpose of—

(a)

reviewing directions issued by the Disciplinary Committee or the Health Committee under article 51 or 52 of the Order; or

(b)

revoking a direction by virtue of section 83(1) of the Act;

“the standards” means the standards of conduct, practice and performance (including the Society’s Code of Ethics and the related guidance) published by the Council under article 45(1) of the Order.

(2) For the purposes of these Rules—

(a) a meeting or hearing of the Health or Disciplinary Committee, other than when it is deliberating in private, is considered to be “in private” if it is held in the presence of—

(i) the parties and any person representing a party (where present),

(ii) the person acting as secretary to the Committee,

(iii) any witness giving evidence,

(iv) any legal, clinical or specialist adviser,

(v) any person responsible for the recording of the proceedings, or

(vi) any other person whose presence is deemed necessary by the chair of the Committee,

but otherwise excluding everyone else; and

(b) a meeting of the Investigating Committee and the private deliberations of the Health or Disciplinary Committee are considered to be “in private” if they are held in the presence of—

(i) the person acting as secretary to the Committee,

(ii) any legal, clinical or specialist adviser, or

(iii) any person responsible for the recording of the proceedings,

but otherwise excluding everyone else.

(3) Pending the coming into force of article 21 of the Order, these Rules shall apply as if references to—

(a) the register were only to the Register of Pharmacists and the register of premises; and

(b) registrants were only to persons registered in the Register of Pharmacists or persons whose premises are entered in the register of premises.

(1)

These Rules have been Scheduled to S.I. 2007/441.