Schedule Schedule 5 to the Principal Regulations as substituted

“SCHEDULE 5

Constitution of the Medical and Pharmaceutical Committees

Regulations 5 and 35

Medical Committee

Membership

1

The Medical Committee shall be constituted by the Agency and shall consist of a chairperson and 6 other members.

2

The chairperson shall be a doctor on the medical list and shall be appointed by the Department.

3

Four of the other members shall be doctors on the medical list and shall be appointed by the Agency, in consultation with the Department, from nominations submitted in accordance with paragraph 5.

4

Two of the other members shall be lay persons and shall be appointed by the Agency, in consultation with the Department, from nominations submitted in accordance with paragraph 5.

5

The nominations referred to in paragraphs 3 and 4 shall be obtained by the Agency in accordance with this paragraph:—

(a)

each Board, after consultation with its Local Medical Committee, shall nominate at least 2 doctors on the medical list and, after consultation with its Health and Social Services Council, shall nominate at least 2 lay persons;

(b)

the General Medical Services Committee of the British Medical Association (Northern Ireland) shall nominate at least 3 doctors on the medical list;

(c)

the Northern Ireland Faculty of the Royal College of General Practitioners shall nominate at least 3 doctors on the medical list.

6

To ensure that a quorum is present at meetings of the Medical Committee, the Agency, when constituting the Committee, shall appoint, in consultation with the Department, an additional 4 doctors and 2 lay persons from the nominations submitted under paragraph 5 to deputise, as necessary, for absent members.

7

The term of office of members and deputies shall be 3 years and a member may be re-appointed on the expiration of his term of office.

8

Where the place of a member or deputy becomes vacant before the expiration of his term of office whether by death, resignation or otherwise, the vacancy shall be filled by the Agency, after consultation with the Department, from the list of nominations submitted under paragraph 5 and any person so appointed shall hold office for the remainder of the term of office of the former member.

9

A member of the Medical Committee may resign his membership by giving notice in writing to the Agency, and a member who is appointed as being a doctor on the medical list shall be deemed to have resigned if he ceases to be included in the medical list.

Procedure at meetings

10

Subject to paragraphs 11 and 12, any recommendation of the Medical Committee shall be that of the majority of those members who are present and voting at a meeting of the Committee.

11

At any such meeting, 4 members of the Medical Committee shall form a quorum and, in the case of an equality of votes, the chairperson shall have a second or casting vote.

12

A member may vote upon any matter which touches the interests of members of his profession (himself included) but shall not vote upon any matter touching only his individual professional interests.

13

The proceedings of the Medical Committee shall not be invalidated by any vacancy in the membership of the Committee or by any defect in the appointment of its members.

14

The Medical Adviser of the relevant Board shall have the right to attend a meeting of the Medical Committee to provide members with additional background information on any application made by a doctor in accordance with regulation 4(3), 8 or 10 in relation to that Board’s area and shall attend if the Chairperson so requests.

Pharmaceutical Committee

Membership

15

The Pharmaceutical Committee constituted by the Agency after consultation with the Boards and such organisation which is, in the opinion of the Agency, representative of the general body of chemists and such other persons as it considers appropriate, shall consist of a chairman and such number of other members as the Agency thinks fit.

16

The chairman shall be a pharmacist appointed by the Department.

17

The term of office of members shall be determined by the Agency.

18

Where the place of a member becomes vacant before the expiration of his term of office whether by death, resignation or otherwise, the vacancy shall be filled by the Agency after consultation in accordance with paragraph 15 and if necessary with the Pharmaceutical Committee and any other person so appointed shall hold office for the remainder of the term of office of the member who died, resigned or otherwise vacated his office as the case may be.

19

A member of the Pharmaceutical Committee may resign his membership by giving to the Agency notice in writing.

20

Where any member of the Pharmaceutical Committee—

(a)

is absent from the meetings of the Committee for more than 6 months consecutively (except for a reason approved by the Agency);

(b)

has become bankrupt or has made a composition with his creditors; or

(c)

is convicted of an indictable offence;

the Agency shall forthwith by resolution, declare the office to be vacant and shall notify that fact in such manner as it thinks fit and thereupon the office shall become vacant.

21

A member of the Pharmaceutical Committee who is a member of a Board shall cease to be a member of that Committee if he ceases to be a member of that Board.

Procedure at meetings

22

A member of the Pharmaceutical Committee may vote upon any matter which touches the interests of members of his profession (himself included) but shall not vote upon any matters touching only his individual professional interests.

23

The proceedings of the Pharmaceutical Committee shall not be invalidated by any vacancy in the membership of the Committee or by any defect in the appointment of its members.”