PART 5Fitness to practise
Interim Orders54
1
Where the Health Committee or the Disciplinary Committee is satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of a registrant, for the registration of that registrant to be suspended or to be made subject to conditions, the Committee may make an order—
a
that his registration be suspended during such period not exceeding 18 months as may be specified in the order (an “interim suspension order”); or
b
that his registration shall be conditional on his compliance, during such period not exceeding 18 months as may be specified in the order, with such requirements specified in the direction as the Committee thinks fit to impose (an “order for interim conditional registration”).
2
Subject to paragraphs (7) and (8), where the Health Committee or the Disciplinary Committee has made an order under paragraph (1), the Committee that made the order—
a
shall review it within the period of 6 months beginning on the date on which the order was made, and shall thereafter, for so long as the order continues in force, further review it—
i
before the end of the period of 6 months beginning on the date of the decision of the immediately preceding review, or
ii
if after the end of the period of three months beginning on the date of the decision of the immediately preceding review the person concerned requests an earlier review, as soon as practicable after that request; and
b
may review it where new evidence relevant to the order has become available after it was made.
3
Where an interim suspension order or an order for interim conditional registration has been made in relation to any person under any provision of this article (including this paragraph) the committee that made the order (or the committee that is treated as the committee that made the order by virtue of paragraph (8)(a)) may—
a
revoke the order or revoke any condition imposed by the order;
b
add to, remove or otherwise vary any condition imposed by the order; or
c
if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest—
i
replace an order for interim conditional registration with an interim suspension order having effect for the remainder of the term of the previous order, or
ii
replace an interim suspension order with an order for interim conditional registration having effect for the remainder of the term of the previous order.
4
If an order is made under any provision of this article, the Registrar shall without delay send a notification of the order to the person to whose registration it relates at his last known home address.
5
The Society may apply to the relevant court for an order made by the Health Committee or the Disciplinary Committee under paragraph (1) or (3)—
a
to be extended;
b
that has been extended to be further extended,
and on such an application the relevant court may extend, or further extend, for up to 12 months the period for which the order has effect.
6
Any reference in this article to an interim suspension order, or to an order for interim conditional registration, includes a reference to such an order as extended under paragraph (5).
7
For the purposes of paragraph (2), the first review after the relevant court’s extension of an order made by the Health Committee or the Disciplinary Committee, or after a replacement order made by the Health Committee or the Disciplinary Committee under paragraph (3)(c), shall take place—
a
if the order (or the order which has been replaced) has not been reviewed at all under paragraph (2), within the period of 6 months beginning on the date (“the relevant date”) on which the relevant court ordered the extension or on which a replacement order under paragraph (3)(c) was made; and
b
if the order has been reviewed under paragraph (2), within the period of three months beginning on the relevant date.
8
Where one of the Committees that may make orders under this article has made such an order but then refers the related fitness to practise case under rules made under article 59(3)(g)(ii) or (h)(ii) to the other Committee that may make orders under this article—
a
the order that has been made under this article is to be treated as made by the Committee to which the case is referred; and
b
as soon as is practicable, the Committee to which the case is referred must review the order.
9
A registrant who is aggrieved by a decision of the Health Committee or the Disciplinary Committee to make or vary an order under this article may appeal against that decision to the relevant court, and the court may—
a
in the case of an interim suspension order, terminate the suspension;
b
in the case of an order for interim conditional registration, revoke or vary any condition imposed by the order; and
c
in either case, substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it),
but unless the court otherwise directs the order shall remain in force pending the outcome of the appeal.
10
The decision of the relevant court on any application under paragraph (9) shall be final.
11
If an order is made in relation to any person under this article and that order remains in effect immediately before the determination in respect of the allegation against that person under article 51(1) or 52(1), the committee considering that allegation shall revoke the order once it has determined whether or not the person’s fitness to practise is impaired.
12
In this article “the relevant court” means—
a
in a case relating to a registered pharmacist who is domiciled in Scotland, the Court of Session; and
b
in any other case, the High Court.