If the Registrar, having assessed a case against the Threshold Criteria, decides that a fitness to practise allegation or a disqualification allegation needs to be referred to the Investigating Committee, then the person concerned must be sent the following:
- a notice of referral to the Investigating Committee;
- copies of all documentation, including summaries or relevant information to be placed before the Investigating Committee; and
- a copy of the Threshold Criteria.
The notice of referral must:
- particularise the allegation;
- set out any recommendations for disposal of the case made by the Registrar;
- specify a date for the Investigating Committee meeting where they will consider the allegation which must be no less than 28 days after the date of service of the notice of referral;
- inform the registrant of the Investigating Committee’s powers;
- invite the registrant to indicate no later than 21 days after the date of service of the notice whether the particulars of the allegation are admitted or denied;
- invite written representations from the registrant no later than 21 days from the service of the notice;
- inform the registrant that any written representations may be shown to the informant, if any, for comment; and
- inform the registrant that the Investigating Committee may seek further information from any source for the purposes of carrying out its functions, including from the registrant’s employer.
The Investigating Committee acts as a screening committee deciding whether cases referred to it should go to the Fitness to Practise Committee. It meets in private and does not hear oral evidence.
The Committee will consider all documents and recommendations placed before it by the Registrar and any written submissions made by the registrant involved in the allegation. It may also:
- direct that further investigations be made,
- obtain advice from a legal, clinical or other specialist adviser, and
- adjourn consideration of the allegation until any further information has been obtained, any comments from the informant, if any are received, or any reports where the person concerned has undergone a medical examination.
After it has considered the allegation the Investigating Committee can:
- issue a warning to the person concerned,
- issue advice to the person concerned,
- issue advice to any other person or body involved in its investigation,
- dismiss the case,
- in relation to a health allegation, require the person concerned to undergo a medical examination,
- agree undertakings,
- refer the matter to the Fitness to Practise Committee, or
- initiate criminal proceedings.
After the Investigating Committee has considered the allegations, they must inform the person concerned no later than 10 days after the date upon which the decision was made and must include the reasons for the decision and any legal advice considered by the Investigating Committee.
Where the Investigating Committee has decided not to refer an allegation to the Committee the notice must inform the registrant that the Investigating Committee may nevertheless reconsider the allegation in the circumstances set out in rule 12 of the Pharmacy Order 2010.