# Pharmacy (Northern Ireland) Order 1976, Paragraph 15: Regulations in respect of proceedings

Extent: N.I.

(1) Subject to the following provisions the Council must make such provision as it considers appropriate in regulations in connection with the procedure to be followed and rules of evidence to be observed by—
(a) the Scrutiny Committee; and
(b) the Statutory Committee (whether exercising functions under this Order or the Medicines Act) .
(2) The regulations under sub-paragraph (1) in respect of the Statutory Committee must, and in respect of the Scrutiny Committee may, include provision—
(a) for securing that, where a hearing is to be held, notice of when and where the hearing is to be held is given, at such time and in such manner as may be specified in the regulations, to any person to whom the proceedings relate;
(b) for securing that the person concerned (which for the purposes of this paragraph, where appropriate, includes an individual who, or body corporate which, is subject to disqualification proceedings under Part 4 of the Medicines Act) and the Council are, if they so require, entitled to be heard by the Statutory Committee—
(i) at any hearing, or
(ii) in fitness to practise proceedings or on any other occasion when the Statutory Committee is considering making an interim suspension order or an order for interim conditional entry;
(c) for allowing the person concerned and the Council to be represented at any hearing, or in fitness to practise proceedings or on any other occasion when the Statutory Committee is considering making an interim suspension order or an order for interim conditional entry, by a barrister or solicitor;
(d) for proceedings before the Statutory Committee to be held in public, except and to the extent that regulations provide otherwise; and
(e) in respect of reviewing directions under paragraph 7—
(i) which are due to expire,
(ii) in circumstances where the Statutory Committee is considering varying the requirements specified in the direction, or
(iii) in the case of a direction for suspension or for conditional entry—
(aa) at the request of the registrar or the person concerned, or
(bb) upon new evidence becoming available.
(3) The regulations under sub-paragraph (1) may include provision—
(a) in respect of preliminary consideration of a case before the Scrutiny Committee or the Statutory Committee (including considering representations from the person concerned and the Society during its preliminary consideration);
(b) following preliminary consideration of a case—
(i) in the case of an appeal before the Statutory Committee, allowing the Statutory Committee, in specified circumstances, to allow the appeal or take a decision which has the effect of allowing the appeal,
(ii) in fitness to practise proceedings, allowing the Statutory Committee, in specified circumstances, to make a finding that the fitness to practise of the person concerned is not impaired, and
(iii) in a disqualification case, allowing the Statutory Committee, in specified circumstances, to dismiss the case;
(c) in respect of consensual disposal of a fitness to practise case following preliminary consideration of it, including provision—
(i) enabling the Scrutiny Committee or the Statutory Committee, in specified circumstances, to agree with the person concerned that the person concerned will comply with such undertakings as the Scrutiny Committee or the Statutory Committee considers appropriate, and
(ii) with respect to the procedure to be followed when any such undertakings are breached (the regulations may provide that the breach may be treated as misconduct for the purposes of paragraph 4(1)(a) and for the matter to be dealt with as a misconduct allegation that is before the Scrutiny Committee or the Statutory Committee);
(d) in respect of consensual disposal of a disqualification case following preliminary consideration of it, including provision—
(i) enabling the Statutory Committee, in specified circumstances, to agree with the individual or body corporate that the individual or body corporate will comply with such undertakings as the Statutory Committee considers appropriate, and
(ii) with respect to the procedure to be followed where any such undertakings are breached;
(e) in respect of case management meetings (and the regulations may provide that the preliminary consideration of a case is to take place at a case management meeting) and directions, including provision with respect to the procedure to be followed where case management directions are breached;
(f) in respect of cancelling, postponing or adjourning hearings and staying proceedings in appropriate circumstances;
(g) enabling the Statutory Committee to draw such inference as seems appropriate to it in the particular circumstances of the case if the person concerned fails—
(i) during fitness to practise proceedings, to submit to any examination or assessment required or directed to be carried out in accordance with the regulations made under this paragraph, or
(ii) to co-operate with the Statutory Committee;
(i) enabling the Scrutiny Committee or the Statutory Committee during the course of proceedings, to make such inquiries as it considers appropriate;
(ia) enabling the Scrutiny Committee or the Statutory Committee during the course of proceedings, to direct the person concerned to undertake an examination or other assessment of the person’s knowledge of English;
(j) enabling the Statutory Committee, following consideration of a disqualification case, instead of issuing a direction under section 80 of the Medicines Act (disqualification, and removal from the register)—
(i) to agree with the individual or body corporate that the individual or body corporate will comply with such undertakings as the Statutory Committee considers appropriate (and the regulations may include provision with respect to the procedure to be followed where any such undertakings are breached), and
(ii) to dispose of the matter by giving advice or a warning; and
(k) for the award of, and in respect of the assessment of costs and may require the Statutory Committee or the Scrutiny Committee to have regard to a person’s ability to pay when considering the making of an award against the person under the regulations.
(4) An award of costs may, by leave of the High Court, be enforced in the same manner as an order of the High Court to the same effect.
(5) The regulations under paragraph (1) may make provision—
(a) as to the form which is to be used for any document (and may provide that documents specified in the regulations are to be in such form as the Council may determine from time to time); and
(b) for documents or certificates to be sent or received as an electronic communication.

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Source: https://www.legislation.gov.uk/nisi/1976/1213/schedule/3/paragraph/15 (the official version)
Page: https://openlegislation.uk/pharmacy-northern-ireland-order-1976/schedule-3/paragraph-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.