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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order approves Rules of the Royal Pharmaceutical Society of Great Britain (“the Society”) that set out various matters relating to the procedures to be followed by the Society when considering three types of allegations: allegations that the fitness to practise of its registrant pharmacists (or its registrant pharmacy technicians, once article 21 of the Pharmacists and Pharmacy Technicians Order 2007 comes into force) is impaired; allegations that a person should be disqualified from inclusion in the register of pharmacy retail business premises kept by the Society; and allegations of criminal conduct that the Society is under a duty to investigate.

Part 1 contains preliminary matters, including provisions relating to the service of documents. Part 2 deals with the initial consideration of allegations by the Registrar of the Society. The Registrar screens all allegations and determines whether it is appropriate to refer the allegation to one of the Society’s fitness to practise committees: the Investigating Committee, the Health Committee or the Disciplinary Committee. He is also given powers in respect of the initial screening of applications for restoration to one of the Society’s registers. If an allegation is to be referred to one of the Society’s fitness to practise committees, unless it is exclusively a criminal conduct allegation, the registrant concerned will be sent a notice of the referral. If that referral is to the Investigating Committee, the notice of referral is to be accompanied by the evidence that the Investigating Committee is to consider, and the applicant will be invited to make written representations on the allegation, and on any recommendations for disposal of the case made by the Registrar.

Part 3 deals with consideration of allegations by the Investigating Committee. It does not hear oral evidence, but considers on the papers allegations referred to it and decides whether or not to refer cases on to the Health or Disciplinary Committee, and whether or not the Society should bring criminal proceedings. Instead of making a referral to the Health or Disciplinary Committee, the Investigating Committee may decide to dispose of the case by issuing a warning to the registrant concerned, or by accepting undertakings from him as to their future conduct. If the Investigating Committee decides to refer the case on to the Health or Disciplinary Committee, it issues a notice of decision, particularising the matters to be referred. There is also provision allowing the Committee to reconsider its decisions in appropriate circumstances.

Part 4 deals with the initial consideration of the case by the Health and Disciplinary Committee. There are disclosure provisions relating to the exchange of each party’s case, which vary depending on whether or not the case is to be fast tracked. The parties are also given powers to inspect the original versions of documents disclosed to them. Once the exchange of each party’s case has taken place, a notice of hearing is sent, and there are provisions relating to bundles for hearings. There are arrangements for case management directions, that may modify the standard procedures, and special arrangements relating to interim orders hearings in fitness to practise proceedings, where suspension or conditional registration pending the full hearing are considered.

Part 5 deals with additional matters that may arise both before and during hearings, including provision for issuing practice directions and relating to the admissibility of evidence. It also sets out particular arrangements for dealing with specified cases where the standard arrangements will need to be adapted: cases where the Health or Disciplinary Committee considers that the case should instead be dealt with by the other Committee; cases where joinder is appropriate; and cases where additional allegations or additional evidence comes to light at a late stage in proceedings.

Part 6 sets out the detailed provisions relating to meetings and hearings. These include the arrangements for the order of proceedings at different classes of hearings, provisions relating to postponements and adjournments, and provisions relating to cases where the presenter for the Society decides before a hearing that, on the evidence available, the Society should not proceed with its case. The standard of proof to be applied is the civil standard. Generally, hearings have to be held in public, although some exceptions are made, and there are provisions relating to representation and in relation to the calling of witnesses. There are also provisions relating to the award of costs or expenses, and in relation to recording hearings and producing transcripts of them.