Paragraph 6 Consideration by the Scrutiny CommitteeF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 3 para. 8(1)(a) words omitted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(2)
Sch. 3 para. 8(1A)(1B) inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(3)
Sch. 3 para. 8(2) words inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(4)(a)
Sch. 3 para. 8(2)(a)(ii) words substituted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(4)(b)
Sch. 3 para. 8(3) words substituted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(5)(a)
Sch. 3 para. 8(3)(c) words inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(5)(b)
Sch. 3 para. 8(4) substituted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(6)
Sch. 3 para. 8(5) words inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(7)
Sch. 3 para. 8(8) words inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(8)
Sch. 3 para. 8(10) words substituted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(9)
Sch. 3 para. 8(10A) inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(10)
Sch. 3 para. 15(2)(b) words inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 16(a)
Sch. 3 para. 15(3)(d)(i) words inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 16(b)(i)
Sch. 3 para. 15(3)(j)(i) word inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 16(b)(ii)

(1)

Where an allegation or a matter (referred to in this paragraph as “the allegation”) is referred to the Scrutiny Committee by the registrar under paragraph 5(1) or (6)(a) the Scrutiny Committee must decide whether the allegation ought to be considered by the Statutory Committee.

(2)

If the Scrutiny Committee decides that the allegation need not be considered by the Statutory Committee then unless the person who is the subject of the allegation (referred to in this paragraph as “the person concerned”) has requested a referral under sub-paragraph (3)—

(a)

the Scrutiny Committee may give—

(i)

a warning to the person concerned in connection with any matter arising out of or related to the allegation and give a direction that details of the warning be recorded in the person’s entry in the register;

(ii)

advice to the person concerned in connection with any matter arising out of, or related to, the allegation, and

(iii)

advice to any other person or other body involved in its investigation of the allegation on any issue arising out of, or related to, the allegation; and

(b)

the registrar must inform the person concerned and the person who made the allegation, if any, of the Scrutiny Committee’s decision and any action it is taking under head (a).

(3)

If the Scrutiny Committee determines that the allegation ought to be considered by the Statutory Committee or the person concerned has requested a referral under this sub-paragraph—

(a)

the Scrutiny Committee must refer the allegation to the Statutory Committee;

(b)

where the Scrutiny Committee considers that the Statutory Committee should consider making an interim order under paragraph 8, it must notify the Statutory Committee accordingly; and

(c)

the registrar must inform the person concerned and the person who made the allegation, if any, of the Scrutiny Committee’s decision to refer the allegation to the Statutory Committee.

(4)

If, having considered the allegation, the Scrutiny Committee considers that the Department should consider exercising any of its powers to bring criminal proceedings under any statutory provision, it must notify the Department accordingly.

Annotations

Textual amendments

F1: Sch. 3 substituted (1.10.2012) by The Pharmacy (1976 Order) (Amendment) Order (Northern Ireland) 2012 (S.R. 2012/308), arts. 1(1), 11, Sch. 2 (with Sch. 3)