The General Pharmaceutical Council (Constitution) Order 2010

PART 2Membership of the Council

Composition of the Council

2.  The Council is to consist of 7 registrant members and 7 lay members.

Terms of office of members

3.—(1) The duration of the term of office of each member of the Council is to be determined by the Privy Council, on appointment.

(2) No member of the Council may hold office as a member of the Council for more than an aggregate of 8 years during any period of 20 years.

Education and training of members

4.  The Council is to make provision in standing orders with respect to the requirements that are to apply in respect of the education and training of members of the Council, and those standing orders may provide for—

(a)that education and training to be the responsibility of another body; and

(b)those requirements to be set and varied by that body from time to time.

Disqualification for appointment as a member

5.  A person is disqualified for appointment as a member of the Council if that person—

(a)has at any time been convicted of an offence involving dishonesty or deception in the United Kingdom and the conviction is not a spent conviction;

(b)has at any time been convicted of an offence in the United Kingdom, and—

(i)the final outcome of the proceedings was a sentence of imprisonment or detention, and

(ii)the conviction is not a spent conviction;

(c)has at any time been removed—

(i)from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission, the Charity Commission for Northern Ireland or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity—

(aa)for which the person was responsible or to which the person was privy, or

(bb)which the person by their conduct contributed to or facilitated, or

(ii)under—

(aa)section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(1) (powers of the Court of Session to deal with management of charities), or

(bb)section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005(2) (powers of the Court of Session),

from being concerned with the management or control of any body.

(d)has at any time been removed from office as the chair, or a member, convenor or director, of any public body on the grounds that it was not in the interests of, or conducive to the good management of, that body that the person should continue to hold that office;

(e)at any time been adjudged bankrupt or sequestration of the person’s estate has been awarded, and

(i)the person has not been discharged, or

(ii)the person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986(3) or Schedule 2A of the Insolvency (Northern Ireland) Order 1989(4) or sections 56A to 56K of the Bankruptcy (Scotland) Act 1985(5) (which relate to bankruptcy restrictions orders and undertakings);

(f)has at any time made a composition or arrangement with, or granted a trust deed for, the person’s creditors and the person has not been discharged in respect of it;

(g)is a person to whom a moratorium period under a debt relief order under Part VIIA of the Insolvency Act 1986 (debt relief orders) applies, or is the subject of a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to that Act (debt relief restrictions order and undertaking)(6);

(h)is subject to—

(i)a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986(7),

(ii)a disqualification order under Part II of the Companies (Northern Ireland) Order 1989(8) (company directors disqualification),

(iii)a disqualification order or a disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002(9), or

(iv)an order made under section 429(2) of the Insolvency Act 1986(10) (disabilities on revocation of a county court administration order);

(i)has been included by—

(i)the Independent Barring Board in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006(11) or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007(12)), or

(ii)the Scottish Ministers in the children’s list or the adults’ list (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007(13));

(j)has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by any licensing body, the final outcome of which was—

(i)the person’s entry in a register held by the licensing body is suspended,

(ii)the person’s entry is removed from a register held by the licensing body or there has been a decision that had the effect of preventing the person from practising the profession licensed or regulated by the licensing body, or

(iii)a decision allowing the person to practise that profession subject to conditions and those conditions have not been lifted;

(k)has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by the Council, in the course of which or where the final outcome was that—

(i)the person’s entry in the Register, or part of the Register, was suspended (including by an interim suspension order) and the order imposing that suspension has not been lifted,

(ii)the person’s entry in the Register, or part of the Register, was removed (for a reason connected with the person’s fitness to practise), or

(iii)the person’s entry in the Register, or part of the Register, was made subject to an order imposing conditions with which the person must comply (including by an order for interim conditional entry) and that order has not been lifted;

(l)has at any time been the subject of any investigation or proceedings relating to an allegation that the person’s entry in the Register, or part of the Register, was fraudulently procured or incorrectly made, the final outcome of which was the removal of the person’s entry from the Register or part of the Register;

(m)has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by—

(i)any licensing body, or

(ii)the Council,

and the Privy Council is satisfied that the person’s membership of the Council would be liable to undermine public confidence in the regulation of registered pharmacists or pharmacy technicians; or

(n)has at any time been convicted of an offence elsewhere than in the United Kingdom and the Privy Council is satisfied that the person’s membership of the Council would be liable to undermine public confidence in the regulation of registered pharmacists or pharmacy technicians.

Removal of members from office

6.—(1) A member must be removed from office by the Privy Council, if—

(a)the member resigns, which a member may do at any time by a notice in writing to the Privy Council;

(b)in the case of—

(i)a registrant member, the member’s entry in the Register, or part of the Register, ceases to be valid, or

(ii)a lay member, that member becomes a person who no longer satisfies the criteria for being a lay member in paragraph 1(1)(b) of Schedule 1 to the Order (membership: general);

(c)the member becomes a person of the type mentioned in article 5(a), (b) or (e) to (j) (irrespective of whether or not they subsequently cease to be a person of the type mentioned in those provisions);

(d)the member becomes a person of the type mentioned in article 5(c) or (d);

(e)in the case of a registrant member, the member has become the subject of any investigation or proceedings concerning the member’s fitness to practise by the Council, as a result of which—

(i)the member’s entry in the Register, or part of the Register, is suspended,

(ii)the member’s entry is removed from the Register or part of the Register,

(iii)the member’s entry in the Register, or part of the Register, is made subject to an order imposing conditions with which the member must comply,

and the proceedings relating to that particular sanction have reached their final outcome;

(f)in the case of a registrant member, the member has become the subject of any investigation or proceedings relating to an allegation that the member’s entry in the Register, or part of the Register, was fraudulently procured or incorrectly made, the final outcome of which was the removal of the member’s entry from the Register or part of the Register;

(g)the Privy Council is satisfied that the member’s level of attendance at meetings of the Council falls below a minimum level of attendance acceptable to the Privy Council, having regard to—

(i)any recommended minimum levels of attendance that the Council has set in its standing orders, and

(ii)whether or not there has been reasonable cause for the member’s non-attendance;

(h)the Privy Council is satisfied that the member has failed, without reasonable cause, to undertake satisfactorily the requirements with regard to education and training for members that apply to that member and which the Council has included in its standing orders;

(i)the Privy Council is satisfied that the member is no longer able to perform their duties as a member of the Council because of adverse physical or mental health;

(j)the Privy Council is satisfied that the member’s continued membership of the Council would be liable to undermine public confidence in the regulation of registered pharmacists or pharmacy technicians.

(2) A member who becomes, or may be about to become, a person to whom paragraph (1)(b) to (f) applies must notify the Privy Council and the Council in writing of that fact as soon as that member becomes aware of it.

(3) Any member or employee of the Council may notify the Privy Council if they are of the view that the Privy Council may need to exercise its functions under paragraph (1).

(4) The chair must notify the Privy Council if the chair is aware that—

(a)a member has become, or may be about to become, a person to whom paragraph (1)(b) to (f) applies; and

(b)that member has not notified the Privy Council in writing of that fact and the chair is not satisfied that the member will do so immediately.

Suspension of members from office

7.—(1) The Privy Council may suspend a member from office by a notice in writing served on that member—

(a)if the Privy Council has reasonable grounds for suspecting that the member has become a person to whom article 6(1)(b)(ii) to (d) applies, for the purposes of determining whether or not the member has become such a person;

(b)while the Privy Council is considering whether or not it is satisfied as to the matters set out in article 6(1)(g) to (j);

(c)if the member is subject to any investigation or proceedings concerning the member’s fitness to practise by—

(i)any licensing body, or

(ii)the Council,

and the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings concerning the member’s fitness to practise is or are ongoing;

(d)if the member is subject to any investigation or proceedings concerning whether the member’s entry in the Register, or part of the Register, was fraudulently procured or incorrectly made and the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings concerning the member’s entry in the Register, or part of the Register, is or are ongoing; or

(e)if the member is subject to any investigation or proceedings in the United Kingdom relating to an offence which, if committed in any part of the United Kingdom, would constitute a criminal offence, and—

(i)either—

(aa)the investigation or proceedings relate to an offence involving dishonesty or deception, or

(bb)the final outcome of the investigation or proceedings may be that the person is sentenced to a term of imprisonment or detention, and

(ii)the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings are ongoing.

(2) The Privy Council must suspend a registrant member from office by a notice in writing served on the member if the member is the subject of an interim suspension order under article 56 of the Order (interim orders).

(3) The notice in writing served under paragraph (1) or (2) must set out the reasons for the suspension and the duration of the period of suspension, which is (in the first instance) not to be for more than 6 months.

(4) The Privy Council may stay its consideration under paragraph (1) of whether or not to suspend a member while the Council considers whether or not to suspend the member provisionally under standing orders of the Council.

(5) If a member has been suspended provisionally under standing orders of the Council—

(a)the Council must notify the Privy Council in writing of the provisional suspension as soon as is reasonably practicable; and

(b)the Privy Council must consider the matter with a view to determining whether or not to suspend the member under paragraph (1) or to remove the member under article 6(1).

(6) If after considering the matter under paragraph (5)(b) the Privy Council decides not to suspend the member and not to remove the member from office, the Council must terminate its provisional suspension of the member under its standing orders.

(7) The Privy Council—

(a)may at any time review a suspension of a member by it; and

(b)must review any suspension of a member by it after 3 months from the start of the period of suspension, if requested to do so by the suspended member.

(8) Following a review, the Privy Council may—

(a)terminate the suspension; or

(b)if that review is within 3 months of the end of the period of suspension, extend the suspension for a further period of up to 6 months from the date on which the suspension would otherwise come to an end.

(9) The Privy Council must notify the suspended member in writing of the outcome of any review and that notice must include the reasons for any decision taken.