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The General Pharmaceutical Council (Statutory Committees and their Advisers Rules) Order of Council 2010

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PART 3Functions of the Investigating Committee and the Fitness to Practise Committee

Additional functions of the Investigating Committee

4.—(1) The Investigating Committee has the following additional functions—

(a)providing an annual report to the Council in respect of each calendar year, by a date specified by the Council, which is to include—

(i)trends, patterns and learning points observed from cases considered by the Investigating Committee,

(ii)details of the numbers of fitness to practise and disqualification allegations which were disposed of by the Investigating Committee by means of warnings and undertakings during that year, and

(iii)the reasons why the allegations referred to in sub-paragraph (ii) were not referred to the Fitness to Practise Committee;

(b)preparing, publishing and amending from time to time its referral criteria;

(c)determining whether or not disqualification allegations that have been referred to it should be referred to the Fitness to Practise Committee;

(d)considering criminal conduct allegations referred to it by the Registrar; and

(e)determining whether the Council should exercise its powers to bring criminal proceedings—

(i)in relation to criminal conduct allegations, and

(ii)in cases that have been referred to it as disqualification allegations.

(2) The Investigating Committee may not exercise its functions under paragraph (1)(e) or article 53(4) of the Order to bring criminal proceedings unless it is satisfied that—

(a)there is a real prospect of securing a conviction; and

(b)it is in the public interest to bring the proceedings.

Additional functions of the Fitness to Practise Committee

5.  The Fitness to Practise Committee has the following additional functions—

(a)providing advice requested by the Registrar under rule 10(8) or (10) or 20(2) of the Registration Rules;

(b)providing advice to the Investigating Committee about the types of cases that should not be referred from that Committee to it;

(c)providing advice to the Appeals Committee under rule 9(1)(d) of the Appeals Committee Rules; and

(d)preparing, publishing and amending from time to time its approach to decision making in the form of Indicative Sanctions Guidance(1).

(1)

The Guidance can be found on the Council’s website at www.pharmacyregulation.org.

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