(This note is not part of the Order)
This Order approves The General Pharmaceutical Council (Statutory Committees and their Advisers) Rules 2010 (“the Rules”) made by the General Pharmaceutical Council (“the Council”) under the Pharmacy Order 2010 (S.I. 2010/231). The Rules set out various matters relating to the constitution and composition of the three statutory committees of the Council (the Investigating Committee, the Fitness to Practise Committee and the Appeals Committee), and to the functions of advisers to the statutory committees and other committees of the Council.
Part 1 deals with preliminary matters, including commencement and interpretation and Part 2 sets out the composition of the statutory committees.
Part 3 confers additional functions on the Investigating Committee and the Fitness to Practise Committee. The additional functions of the Investigating Committee include the provision of an annual report to the Council, and the consideration and determination of various matters relating to allegations that have been referred to it. The additional functions of the Fitness to Practise Committee include the provision of advice to the Registrar, Appeals Committee and Investigating Committee on various matters.
Part 4 deals with matters relating to the appointment and removal of statutory committee members, and sets out a number of categories of person who will not be eligible for appointment as a statutory committee member. It provides that an Appointments Committee set up by the Council under its powers in article 4(7) of the Pharmacy Order 2010 is to be responsible for selecting and appointing, suspending and removing from office, and overseeing training, development and appraisal for chairs, deputy chairs and other members of statutory committees. Provision is made in respect of statutory committee members about their required competencies; the standards and attendance at meetings, hearings and training expected of them; their term of office; the procedure for resignation from office; and the circumstances in which the Appointments Committee may suspend or remove them from office. Provision is also made about how vacancies on a statutory committee are to be filled (including provision requiring the Appointments Committee to maintain a reserve list of statutory committee members) and providing a power for the chair of a statutory committee to co-opt members.
Part 5 contains provisions relating to meetings and hearings of the statutory committees, including a requirement for each statutory committee to have a secretary. Provision is made about the quorum of the statutory committees, and there is a requirement that at meetings or hearings of the statutory committees, the professional members should not be in a majority of more than one. There are also special arrangements relating to the composition of the Fitness to Practise Committee in certain circumstances. Additionally, there are provisions against bias and which set out that voting will be by simple majority.
Part 6 deals with the functions of legal, clinical and other specialist advisers to both statutory committees and other committees of the Council. There are requirements relating to the manner in which advice is to be tendered and recorded, and to the announcing and recording of decisions not to accept advice from professional advisers. Professional advisers are also given the power, with the permission of the chair of the relevant committee, to question witnesses.