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

Consideration of allegations by the Registrar

9.—(1) Where the Registrar is on notice of a fitness to practise allegation, after consideration of it, he shall not refer it to a fitness to practise committee if—

(a) more than five years have elapsed since the circumstances giving rise to the allegation, unless the Registrar considers that it is necessary for the protection of the public, or otherwise in the public interest, for that allegation to be referred;

(b) the complainant is anonymous, unless the Registrar has been able to establish a case that has a real prospect of a referral by the Investigating Committee under article 50(3)(a) of the Order;

(c) the identity of the registrant against whom the allegation is made is not known;

(d) the allegation is of a type that the Council has stated in its published threshold criteria (as amended from time to time) should not be referred to the Investigating Committee.

(2) Where the Registrar is on notice of any other allegation, in considering whether or not to refer the matter to the Investigating Committee, he shall take into account—

(a) whether more than five years have elapsed since the circumstances giving rise to the allegation (in which case he shall not refer the allegation, unless he considers that it is necessary for the protection of the public, or otherwise in the public interest, for that allegation to be referred);

(b) whether the complainant is anonymous (if it is, the Registrar shall not refer the allegation, unless he has been able to establish a case that has a real prospect of a referral by the Investigating Committee without the assistance of the complainant;

(c) the published threshold criteria referred to in paragraph (1)(d); and

(d) the published referral criteria of the Investigating Committee.

(3) The Registrar’s consideration of an allegation under paragraph (1) or (2) may include the carrying out of any investigations which, in his opinion, are appropriate to the consideration of it.

(4) Investigations referred to in paragraph (3) may include—

(a) requesting the Society’s employees to undertake further inquiries;

(b) requesting the maker of the allegation to provide a written statement or statutory declaration;

(c) instructing solicitors and inquiry agents; or

(d) in the case of a fitness to practise allegation, requiring the registrant to agree to be medically examined by a registered medical practitioner nominated by the Society.

(5) A fitness to practise allegation is to be referred to the Health or Disciplinary Committee, instead of to the Investigating Committee, if the Registrar considers that—

(a) the Committee should consider making an interim order, and if he does, he shall notify the Committee accordingly; or

(b) the public interest is best served by urgent consideration of the case,

and in these circumstances, in the case of an allegation that could go to either committee, the Registrar shall send it to the Disciplinary Committee if he considers that there is a likelihood of that Committee deciding to give a direction that the registrant be removed from the register.

(6) A fitness to practise allegation is to be referred to the Disciplinary Committee instead of the Investigating Committee if it relates to a conviction for a criminal offence that led to the imposition of a custodial or suspended custodial sentence.