Section 42
Disciplinary Committee
of Pharmacists Registration Act 2007
(1)
The Council may appoint, from among members of the Complaints Panel, one or more committees comprising —
at least 3 registered pharmacists of at least 10 years’ standing of whom at least 2 must be members of the Council; and
one observer who is a lay person,each to be called a Disciplinary Committee to inquire into —
any matter in respect of which the Minister or a Complaints Committee has under section 41 ordered that a formal inquiry be held; or
any matter referred to it under section 39(4).
(2)
A member of a Complaints Committee inquiring into any matter concerning a registered pharmacist must not be a member of a Disciplinary Committee inquiring into the same matter.
(3)
The member of a Disciplinary Committee who is an observer must not vote on any question or matter to be decided by the Disciplinary Committee and need not be present at every meeting of the Disciplinary Committee.
(4)
A Disciplinary Committee may be appointed in connection with one or more matters or for a fixed period of time as the Council thinks fit.
(5)
The Council may at any time —
revoke the appointment of any Disciplinary Committee;
remove any member of a Disciplinary Committee; or
fill any vacancy in a Disciplinary Committee.
(6)
No act done by or under the authority of a Disciplinary Committee is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.
(7)
Except as provided by subsection (3) —
all members of a Disciplinary Committee must be personally present to constitute a quorum for the transaction of any business; and
all members of a Disciplinary Committee present at any meeting thereof must vote on any question arising at the meeting and the question is to be determined by a majority of votes and, in the case of an equality of votes, the chairperson has a casting vote.
(8)
The Council must appoint a member of a Disciplinary Committee who is a registered pharmacist to be the chairperson of the Disciplinary Committee.