Section 46
Orders of Disciplinary Committee
of Pharmacists Registration Act 2007
(1)
Where a registered pharmacist in respect of whom an order is made under section 45(2)(c), or an order for interim restricted registration is made under section 54(1)(b) or 56(1)(d), is judged by a Disciplinary Committee (whether, in the case of an order under section 45(2)(c), it is the Disciplinary Committee that made the order or another Disciplinary Committee appointed in its place) to have failed to comply with any of the requirements imposed on the registered pharmacist as conditions of his or her registration, the Disciplinary Committee may order that —
the registered pharmacist’s name be removed from the appropriate register; or
the registered pharmacist’s registration in the appropriate register be suspended for a period not exceeding 12 months as may be specified in the order.
(2)
Where a Disciplinary Committee has made an order for suspension under subsection (1)(b) or section 45(2)(b), the Disciplinary Committee may order that, from the expiry of the current period of suspension, the registration of the person whose registration is suspended be restricted in such manner as it thinks fit for a period not exceeding 3 years.
(3)
Where a Disciplinary Committee has made an order for suspension under subsection (1)(b) or section 45(2)(b) against a person and that person has failed to comply with that order, the Disciplinary Committee or another Disciplinary Committee appointed in its place may order that —
the person’s name be removed from the appropriate register; or
from the expiry of the current period of suspension, the person’s registration in the appropriate register be restricted in such manner as it thinks fit for a period not exceeding 3 years.
(4)
Where a Disciplinary Committee has made an order under section 45(2)(c), the Disciplinary Committee or another Disciplinary Committee appointed in its place may revoke the order or revoke or vary any of the conditions imposed by the order.
(5)
Subsection (1) applies to a registered pharmacist whose registration is subject to conditions imposed by an order made under subsection (2) or (3) as it applies to a registered pharmacist whose registration is subject to conditions imposed by an order for restricted registration made under section 45(2)(c), and subsection (4) applies accordingly.
(6)
Where a Disciplinary Committee has made an order or has varied the conditions imposed by an order under this section, the Registrar must immediately serve on the person to whom the order applies a notice of the order or the variation.
(7)
Subject to subsection (8), an order made by a Disciplinary Committee for the removal of any name or for suspension of registration under subsection (1) or (3) or section 45(2) does not take effect until the expiry of 30 days after the order is made.
(8)
On making an order for the removal of any name or for suspension of registration under subsection (1) or (3) or section 45(2), a Disciplinary Committee may, if satisfied that to do so is necessary for the protection of members of the public or would be in the best interests of the registered pharmacist concerned, order that the registered pharmacist’s registration in the appropriate register be suspended or that the registered pharmacist’s name be removed from the appropriate register immediately.
(9)
Where an order under subsection (8) is made, the Registrar must immediately serve a notice of the order on the person to whom it applies and if that person was present or represented at the proceedings of the Disciplinary Committee, the order takes effect from the time the order is made.
(10)
Where the person concerned is neither present nor represented at the proceedings of the Disciplinary Committee, the order made under subsection (8) takes effect from the time of service of the notice of the order on the person.
(11)
An order of a Disciplinary Committee, other than an order for the removal of any name or for suspension of registration under subsection (1) or (3) or section 45(2), takes effect from the time the order is made.
(12)
While any order of suspension of registration remains in force, the person concerned is not to be regarded as being registered under this Act even though the person’s name still appears in the appropriate register, but immediately on the expiry of the order the person’s rights and privileges as a registered pharmacist are revived as from the date of the expiry, provided that the pharmacist has complied with all the terms of the order.