Section 43
Proceedings of Disciplinary Committee
of Pharmacists Registration Act 2007
(1)
A Disciplinary Committee must meet to inquire into any matter referred to it by the Council and may regulate its own procedure.
(2)
A member of a Disciplinary Committee, despite having ceased to be a member of the Council or Complaints Panel on the expiry of his or her term of office, continues to be a member of the Disciplinary Committee until such time as the Disciplinary Committee has completed its work.
(3)
The registered pharmacist concerned may appear in person or be represented by counsel.
(4)
A Disciplinary Committee is not bound to act in any formal manner and is not bound by the provisions of the Evidence Act 1893 or by any other written law relating to evidence but may inform itself on any matter in such manner as it thinks fit.
(5)
A Disciplinary Committee may, for the purpose of any proceedings before it, administer oaths and any party to the proceedings may take out a subpoena to testify or to produce documents.
(6)
The subpoenas referred to in subsection (5) must be served and may be enforced as if they were subpoenas issued in connection with a civil action in the General Division of the High Court.
(7)
Any person giving evidence before a Disciplinary Committee is legally bound to tell the truth.
(8)
A witness has the same privileges and immunities in relation to hearings before a Disciplinary Committee as if the hearings were proceedings in a court of law.
(9)
A Disciplinary Committee must carry out its work expeditiously and may apply to the Council for an extension of time and for directions to be given to the Disciplinary Committee if the Disciplinary Committee fails to make its finding and order within 6 months from the date of its appointment.
(10)
When an application for extension of time has been made under subsection (9), the Council may grant an extension of time for any period it thinks fit.
(11)
In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code 1871, “public servant” is deemed to include a member of a Disciplinary Committee taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code 1871, “judicial proceeding” is deemed to include any such investigation.