PHARMACY COUNCIL DISCIPLINARY PROCEDURES REGULATIONS *

SUBSIDIARY LEGISLATION 464.13

PHARMACY COUNCIL DISCIPLINARY

PROCEDURES REGULATIONS *

1st June, 2007

LEGAL NOTICE 393 of 2007.

The title of these regulations is the Pharmacy Council

Disciplinary Procedures Regulations.

(Regulation 15)

FORM A

PHARMACY COUNCIL

DISCIPLINARY COMMITTEE

Notice of an Inquiry

To ..................................... (date)

I hereby give you notice that the Pharmacy Council has ordered that an inquiry be

held to consider and decide on the imputation brought against you, namely that

You are hereby being informed that for this reason the Disciplinary Committee has

received from the Council the relative file so that an inquiry be proceeded against

you and is appointing the first sitting of the said inquiry on the ..................... of

...................... 20 ........... at ................... at .................. . on the following charge

You are accordingly being granted two weeks time to reply in writing to the

imputations brought against you and you are being warned that should you not file a

reply and fail from attending for the said hearing in to put up a defence, without any

reasonable explanation, the Committee may proceed to hear the case and decide

same in your absence.

A copy of the Pharmacy Council Rules on Disciplinary Proceedings is attached

hereto for your better guidance.

Chairperson

Disciplinary Committee

PHARMACY COUNCIL DISCIPLINARY PROCEDURES

These regulations concern the execution of disciplinary

procedures taken by the Pharm acy Council against persons

registered with the same Council.

(Regulation 29)

FORM B

PHARMACY COUNCIL

DISCIPLINARY COMMITTEE

Notice to a person to give evidence and/or to bring documents, etc.

To ....................................... (date)

You are hereby required to attend before the Disciplinary Committee on the

..................... of ................. 20 ............ at ............... at .................... and in the same

manner on any other day for which the hearing is put off, to give evidence and/or to

bring the following documents ........................................... in the matter forming the

subject of an inquiry against ................................. .

You are hereby being warned that should you fail to attend as hereby required, you

are liable to the penalties laid down by law.

Chairperson

Disciplinary Committee

(1)

In these regulations, unless the context otherwise

requires

"the Act" means the Health Care Professions Act;

"notice of inquiry" means the notice issued in accordance with

regulation 15(3);

"Chairperson" m eans the chairperson of the Disciplinary

Committee appointed in accordance with t he p rov ision s of

regulation 4;

"charge" means a charge formulated by the Council to describe

any reason for the taking of disciplinary action and which is sent to

the Committee to initiate the commencement of disciplinary

procedures against a member as established in the Act and in these

regulations;

"the Committee" means the Disciplinary Committee established

by regulation 4;

"complaint" means a complaint made in writing to the Council in

accordance with the provisions of the Act or of these regulations;

"the Council" means the Pharmacy Council established by article

15 of the Act;

"List" means the Reserve List drawn up in accordance with

regulation 9;

"member" means any person whose name is found listed in one

of the Registers held by the Pharmacy Council and whose practice

is regulated by the Council in accordance with the provisions of the

Act;

"President" means the President of the Council appointed in

accordance with article 15 of the Act;

"Register" means any Register kept by the Council in accordance

with the provisions of the Act;

"Registrar" means the Registrar of the Council appointed in

*These Regulations have been repealed by Legal Notice 249 of 2025.

PHARMACY COUNCIL DISCIPLINARY PROCEDURES

a c c o r d a n c e w i t h t h e p r o v i s i o n s o f a r t ic l e 6 o f t h e A c t an d

particularly with rule 1 of the First Schedule to the Act.

(1) There shall be a Committee to be called the

Disciplinary Committee.

(2) The Committee shall consist of the following core

members

(a) a Chairperson appointed by the Council, from amongst

legal practitioners having twelve years experience as

an advocate;

(b) two pharmacists from amongst members registered in

the Register of Pharmacists as established by article 17

of the Act, to be appointed by the Council;

(c) one person from amongst the general public, who is in

good standing and who is not a health care

professional, appointed by the Council;

(d) one other member from amongst the supplementary

members indicated in subregulation (3) appointed in

accordance with the provisions of the said

subregulation (3).

(3) For each individual case presented to it, the core members

of the Committee shall appoint, from amongst members found on

the Reserve List established by regulation 9, one of the following

as a supplementary member

(a) one pharmacist from amongst members registered in

the Register of Pharmacists as established by article 17

of the Act to be appointed by the Council and who

shall only be eligible to attend hearings concerning

disciplinary procedures against a Pharmacist; or

(b) one pharmacy technician from amongst members

registered in the Register of Pharmacy Technicians as

established by article 18 of the Act, to be appointed by

the Council and who shall only be eligible to attend

hearings concerning disciplinary procedures against a

Pharmacy Technician; or

(c) one member from any other regulated profession or

area of practice for which the Council keeps a Register

in accordance with the provisions of the Act

Provided that this member shall be practising in the

area of practice in which the member against whom

the proceedings are being taken was practising at the

time of the alleged incident

Provided further that such appointment shall be made

by the Chairperson after consultation with the core

members of the Committee.

(4) The core members of the Committee shall be appointed for

a term of two years and may be re-appointed for a further term or

terms after the expiration of their term of office.

(5) The Chairperson and other members of the Committee may

resign from office before the expiration of their term of office by

letter in writing addressed to the President of the Council.

(1) Where for any reason a vacancy arises in the

Committee, another member from within the Reserve List

established by regulation 9 shall be appointed by the Council to fill

the vacancy in accordance with the provisions of regulation 4

within one month of the vacancy occurring

Provided that the Committee may continue to exercise its

rights and powers until such date as the substitute member is

appointed.

(2) Such member shall be so appointed for the unexpired period

of the term of office of the member being replaced.

The following shall be disqualified from being members of

a Committee

(a) Members of the House of Representatives;

(b) the spouses of members;

(c) members of other health care professions regulated by

and under the Act; and

(d) officials of a trade union, as defined by the

Employment and Industrial Relations Act.

(1)

Every member of a Committee shall be entitled to one

vote.

(2) The Chairperson shall also be entitled to a casting vote in

cases of equality of votes.

(1) The quorum at a meeting of the Committee shall be

half the members thereof plus one.

(2) The Committee may act notwithstanding any vacancy

provided that a quorum is present.

(3) In the absence of the Chairperson, the other members shall

elect a person from among themselves to chair the meeting, and

such person shall continue to have his original vote as well as a

casting vote.

(1)

There shall be a Reserve List.

(2) The Reserve List shall be drawn up by the Council from

within members registered with the Council in accordance with the

provisions of the Act.

(3) The List shall be constituted of a minimum of three and a

maximum of five members from each regulated profession and

from each corresponding area of practice of that profession.

(4) The procedure for appointment of members to the List shall

be as follows

(a) the Council shall by majority voting agree on a list of

potential nominees to the List

Provided that nominated members shall have suitable

experience in the practice of the profession;

PHARMACY COUNCIL DISCIPLINARY PROCEDURES

(b) the Council shall approach each nominated member

and through a written document asking the nominee to

inform it in writing whether or not he or she accepts

the nomination;

(c) members accepting the nomination shall have their

names entered in the List.

(5)

(a) An entry on the List shall be valid for a period of four

calendar years from the date of first entry.

(b) Such entry may be withdrawn if the nominee asks the

Council in writing for his removal from the List or if

the Council has a justified reason for the removal of

the member from the List.

(c) An entry in the List may be renewed for a further term

or terms after receipt by the Council of a written

consent by the nominee for this renewal.

The Committee shall have the following functions

(a) to hear and decide upon a charge formulated by the

Council in accordance with the provisions of these

regulations and presented to the Committee in

accordance with the provisions of regulation 13(3);

(b) to ensure that disciplinary hearings are carried out in a

fair and orderly manner and giving adequate

opportunity to both the prosecution and the defence to

present their evidence and witnesses and to challenge

any member of the Committee and cross-examine any

witness presented by the either party;

(c) to ensure that during the course of the disciplinary

proceedings, the provisions of the Act and of these

regulations are observed at all times;

(d) to ensure that the rights and obligations of the member

subject to the disciplinary procedures are made known

to him prior to the hearing;

(e) to ensure that in arriving at a decision, the principles

of fairness, justice and proportionality are respected;

and

(f)

to carry out any other function as may be prescribed by

the Council in relation to the hearing of disciplinary

procedures and taking of disciplinary measures.

(1) No disciplinary proceedings against any member shall

be initiated, followed or taken except in accordance with the

provisions of the Act and of these regulations.

(2) Disciplinary procedures against a member may be taken

through the Committee and in accordance with the provisions of the

Act or of these regulations only in cases concerning alleged

professional misconduct or unethical behaviour.

(3) The Council shall ensure that any charge filed with the

Committee against the member being made subject to disciplinary

procedures does not overlap with any charge filed against the same

in any court of law

Provided that in such instances, the Council may request

the Committee to determine if there are grounds for the taking of

interim measures, notably suspension, against the member until

such time that the procedures in front of the court of law are

terminated.

(1) In accordance with the provisions of article 31 of the

Act and without prejudice to subregulation (2), the Council may of

its own motion decide to initiate disciplinary procedures against a

member in accordance with the Act and these regulations

Provided that such decision is made following a discussion

by the Council on the merits of the case and approval to proceed

with disciplinary action is given by a simple majority vote.

(2)

Where -

(a) a complaint in writing that a member has been

convicted by any court in these Islands of any crime

punishable by imprisonment for any term exceeding

one year or of any of the crimes mentioned in articles

212 to 219 or in articles 221 to 223 of the Criminal

Code is sent to the Council by any body or person, or

information in writing that a member has been so

convicted is sent to the Council by a person acting in a

public capacity; or

(b) a complaint in writing on the conduct of a member has

been sent to the Council by any body or person, or

information in writing as to the conduct of a member

has been sent to the Council by a person acting in a

public capacity; or

(c) a complaint in writing that a member is unfit to

continue to practise his profession on grounds of

mental or physical infirmity is sent to the Council by

any body or person, or information in writing as to the

unfitness of a member to continue to practise his

profession on the grounds aforesaid is sent to the

Council by a person; or

(d) an event or occurrence or complaint that comes to the

attention of any elected or appointed member of the

Council in any manner and which is reported to the

Council in writing by the said member,

the Registrar shall submit the complaint or any information

presented to him to the President.

(3) In so far as a complaint relates to conduct or unfitness on

grounds of infirmity, the Council shall not proceed further unless

and until it has been confirmed by means of a declaration on oath,

if so deemed necessary by the Council; and every such declaration -

(a) shall state the address and description of the declarant,

and

(b) if any fact declared is not within the personal

knowledge of the declarant, shall state the source of

the declarant’s information and the grounds for his

belief in the truth of the fact.

(4) Subject to the provisions of subregulation (2), the President

shall direct the Registrar to send a written notification to notify the

member of the receipt of the complaint or information stating the

substance thereof and sending to the member a copy of any

declaration on oath furnished under subregulation (2), and to invite

the member to submit to the Council, within such date as the

President shall determine but which shall be no less than ten

calendar days and no more than twenty calendar days from the date

of issue of this notification, any explanation which the member

may have to offer; and every such explanation must be in writing

and must reach the Registrar within the time fixed by the President

Provided, however, that in so far as a complaint or

information relates to conduct, if it does not appear to the President

t hat a questi on arises wh et her the sai d con duct consti tut es

inappropriate conduct in a professional respect, he shall direct the

Registrar to refer such complaint or information to the Council

either to decide whether to proceed or whether to be considered as

frivolous and not to proceed on such. Should the Council decide to

proceed, it shall direct the Registrar to notify the member in

accordance with the provisions of this subregulation.

(5) Subject to the foregoing provisions of this regulation, the

President shall, on receipt of an explanation by the member or else

on the expiry of the time limit established under subregulation (3),

direct the Registrar to refer during the immediate next Council

meeting, the complaint or information to the Council together with

any explanation then furnished by the member and any declarations

on oath furnished under subregulation (2).

(6) In this regulation the expression "person acting in a public

capacity" means an officer of a government department or public

authority acting as such, or any person holding judicial office or

any officer attached to a court or any person so authorised by the

Council to hold investigations on the conduct of members.

(1) When a case is presented to the Council in accordance

with the provisions of regulation 12(4), the Council may either

decide that the explanation provided by the member is adequate and

sufficient or to proceed further in accordance with regulation 14

Provided that in arriving at this decision the Council shall

take into consideration the merits of the case on the following

basis

(a) the prospect of the case leading to the finding of actual

misconduct;

(b) the need to ensure the proper interpretation of the code

of ethics or parts thereof and the need to keep this

updated with current realities;

(c) the need to protect the public against malpractice and

misconduct on both a professional and ethical basis;

(d) the need to ensure and protect the reputation, and

public confidence, of the profession;

(e) the need to protect members from unwarranted or

vexatious allegations; and

(f)

any other matter deemed necessary or relevant to the

complaint in question

Provided further that the decision on the course of action to

be taken in accordance with these regulations shall be decided by a

simple majority vote.

(2) When the Council deems the explanation offered by the

member to be a sufficient explanation the Council may decide to

(a) consider the case closed and take no further action; or

(b) consider the explanation as sufficient to stop the taking

of further disciplinary proceedings against the member

but that the case merits the issue of a letter of guidance

to the member in respect of the case in question; or

(c) consider the explanation as sufficient to stop the taking

of further disciplinary proceedings against the member

but that the case merits the issue of a letter of warning

to the member in respect of the case in question

Provided that in such an instance the Council may

reserve the right to take further action against the

member in relation to this case should the Council

receive further information or receives other similar or

other complaints on the conduct of the member within

a period of not less than six months but not more than

one year from the date of the letter of warning.

(3) When the Council deems the explanation offered by the

member to be an insufficient explanation, the Council

(a) shall specify, in the form of a charge, the matters into

which the inquiry is to be held; and

(b) may, if it deems appropriate, appoint any other person

to assist the Registrar in the prosecution; and

(c) shall direct the Registrar to submit the case to the

Committee in accordance with the provisions of

regulation 14.

(4) Consequent to its decision, the Council shall direct the

Registrar to inform the complainant of the decision of the Council

Provided that the Council may direct the Registrar to

forward the complainant with any other information or explanation

it may deem necessary

Provided further that the Registrar shall send this

information to the complainant within thirty working days of the

taking of the decision by the Council.

(1) On receipt of a direction by the Council to refer a case

to the Committee, the Registrar shall

(a) present the written charge to the President for

confirmation or otherwise and finalise the wording of

the charge as may be directed by the President to

PHARMACY COUNCIL DISCIPLINARY PROCEDURES

reflect the decision of the Council

Provided that such process shall be completed within

fourteen working days of the receipt of direction; and

(b) submit to the Committee a dossier of the case and such

dossier shall contain the following

(i)

a written request asking that the Committee

arrange for the hearing of the case in accordance

with the provisions of the Act and of these

regulations;

(ii) a copy of the charge and the contact details of

the member to whom the charge refers;

(iii) a copy of the complaint;

(iv) any other document or evidence that is relevant

to the hearing of the case and which is in the

possession of the Council;

(v) a list of witnesses and documents and evidence

to be presented in front of the Commission for

these to be considered or heard by the

Commission

during

the

disciplinary

proceedings;

(vi) any other item that the Registrar, the President

or the Council deems relevant to the hearing of

the case.

(2) The dossier shall be presented to the Chairperson within a

maximum of thirty calendar days from receipt of the Council’s

direction.

As soon as may be and after receipt of the dossier as

described in regulation 14, the Committee shall

(a) appoint a supplementary member to the Committee in

accordance with the provisions of regulation 4(3)

Provided that the supplementary member has declared

no conflict of interest in the case;

(b) decide on a date, time and place in which and where

the inquiry shall be held

Provided that the inquiry shall not be held before the

lapse of fifteen working days and not more that sixty

working days from the date of issue of a notice of

inquiry as determined by paragraph (c);

(c) issue a notice of inquiry that shall be in the form set

out in Form A contained in the First Schedule, with

such variations as circumstances may require and such

notice shall be sent to the Registrar and the member

under investigation

Provided that the notice shall be issued within a

maximum period of thirty working days from the date

of receipt of the dossier;

(d) together with the notice, there shall be sent to the

member being investigated

(i) a copy of these regulations;

(ii) a statement of the rights and obligations of the

member;

(iii) a copy of the original charge;

(iv) guidance on the place, time and method that may

be followed in order to view all documented

evidence relevant to the inquiry and which is in

the possession of the Committee; and

(v) any other information deemed relevant and

necessary.

Where before the date of the hearing of an inquiry or at any

stage of the hearing either the prosecution or the defence bring to

the attention of the Committee that there is a justified cause for the

postponement or adjournment of the hearing, then the Committee

shall discuss the merits of this reason and decide accordingly to

postpone, adjourn or proceed with the hearing of the case.

Proceedings before the Committee shall be held in public.

However the Committee may, when it considers it expedient, order

that the proceedings be held in private.

(1) Any core member or supplementary member of the

Committee shall abstain from taking part in any inquiry or may be

challenged in any of the circumstances in which a judge would

abstain or can be challenged in accordance with the provisions of

article 734 of the Code of Organization and Civil Procedure.

(2) Any such challenge shall not be admissible unless made

before the reading out by the Registrar of the charge to the member.

(3) The Committee shall decide, by majority vote and its

decision shall be final.

(1) Any party to the proceedings before the Committee

may be assisted by an advocate or legal procurator. The member

may also be assisted by any other member whose name appears in

any Register held by the Council.

(2) Before the start of proceedings, the Chairperson shall bring

the provisions of this regulation to the notice of any party to the

proceedings appearing before the Committee without any such

assistance.

(1) The proceedings on the inquiry shall commence with

the Chairperson’s statement who will

(a) state the date, time and place of the hearing;

(b) state the names of the parties concerned; and

(c) declare the hearing open.

(2) The Chairperson will consequently invite the Registrar or

his representative to read out the charge.

(3) Thereupon the Chairperson shall put to the member the

question whether he admits or refutes the charge.

PHARMACY COUNCIL DISCIPLINARY PROCEDURES

(1) If the member admits the charge the Committee shall

(a) dispense with the production of witnesses and proceed

to give its decision on that day or on any other day, but

no more than thirty calendar days from the date of the

hearing, appointed for the purpose; or

(b) continue with the hearing of the witnesses and

evidence should it so decide that it must hear certain

evidence before deciding on the punishment.

(2) If the member refutes the charge the Committee shall

proceed with the inquiry.

(3) If the member under investigation fails to attend without

just cause and the Committee is satisfied that a notice of inquiry

was sent and received as required by these regulations, the

Committee may, if it thinks fit, proceed with the inquiry even in his

absence

Provided that, however, if the member is unable to attend

for a just cause, he may, if he so prefers, request that the inquiry be

proceeded in his absence or in the presence of his appointed

representative.

The proceedings on an inquiry shall be as follows

(a) witnesses in support of the charge shall be produced

and examined by the Registrar or his representative

and cross-examined by the member or his

representative; thereafter any member of the

Committee shall be at liberty to put questions as he

may deem necessary;

(b) witnesses in defence shall be heard and in case the

member wishes to give his evidence, he may do so

provided his evidence be given before that of any

witness to be produced by him. Witnesses shall be

examined by the member or his representative and

cross-examined by any other party or his

representative to the proceedings; thereafter any

member of the Committee shall be at liberty to put

questions as he may deem necessary;

(c) when the whole of the evidence has been concluded,

the Registrar shall be given the opportunity to address

the Committee on the evidence provided and

consequently, the member shall, personally or through

the person by whom he is assisted, address the

Committee and make his defence;

(d) the Committee shall then deliberate on the evidence

and witnesses brought forward and the arguments

presented to it by both parties to determine, by

majority voting, whether the charge

(i)

has been proven to the full; or

(ii)

has only been partially proven;

(iii)

has not been adequately proven; or

(iv)

has been disproved;

(e) the Committee shall give its decision on that day or on

any other day, but no more than thirty calendar days

from the date of the hearing, appointed for the

purpose;

(f)

the Committee shall not be debarred at any stage of the

proceedings until the decision is given from rehearing

any witness or requesting the production of any

documents.

When the Committee determines that the charge has been

fully or partially proven, the Committee shall consequently

determine the appropriate disciplinary sanctions to be applied in

such case

Provided that any such sanction or sanctions shall be

imposed in line with the provisions of regulation 34

Provided further that such sanction shall be one that

reflects, but not exclusively, the principles of

(a) proportionality to the breach in ethics or acceptable

professional conduct;

(b) proportionality to the negative

impact

on

the

profession or its practice; and the

(c) fair justice and hence of proportionality to the negative

repercussions, both material and non-material, to the

aggrieved person or entity or on the standing or

reputation of the profession.

In all cases where the Committee is satisfied that the

charge has not been adequately proven, the Committee shall close

all proceedings and clear the member under investigation of the

charge or charges brought against him or her.

(1) The Committee shall keep in printed and electronic

record the charge, the decision of the Committee and, if relevant,

describe the corresponding disciplinary measure taken.

(2) All documentation, evidence and transcripts of the

procedures shall be duly filed and kept by the Committee.

(3) The Registrar shall file and store the records in a manner

that ensures their preservation, access and reference by the

Council, the Committee or the general public.

(1) The decisions of the Committee shall be given in

public and in writing; they shall be signed by the Chairman.

(2) The original, together with the complete record of the

inquiry, shall be sent to the Registrar immediately upon the closure

by the Committee of the disciplinary procedures.

Where under any of the foregoing provisions of these

regulations the inquiry stands postponed to a future meeting, the

validity of the proceedings at that meeting shall not be called into

question by reason only that members or supplementary members

of the Committee who were present at the former meeting were not

present at the later meeting or that members or supplementary

members of the Committee who were present at the later meeting

were not present at the former meeting.

The Chairperson shall serve without delay on the member

and the Council a copy of the decision.

Notice to any person to appear before the Committee to

give evidence and, or produce documents shall be in the form set

out in Form B contained in the Second Schedule.

(1) Every notice referred to in these regulations shall be

signed by the Chairman and served in accordance with the

provisions of article 36 of the Act.

(2) Any notice issued under regulation 15 shall be served in

accordance with the provisions of article 37 of the Act.

The members and the supplementary members of the

Committee shall not divulge anything discussed by the Committee

in the course of an inquiry.

Unless determined by the Act or these regulations and

unless otherwise expressly provided, the Committee shall regulate

its own procedure.

Any party to an appeal to the Board who feels aggrieved by

a decision of the Committee may, if it feels dissatisfied with any

such decision on a question of law, appeal to the Court of Appeal as

constituted in accordance with article 41(9) of the Code of

Organization and Civil Procedure by means of an application filed

in the registry of that court, in the case of an appeal by the

Authority within thirty days from the date of the Board’s decision,

and in the case of any person within thirty days from the date on

which that decision has been served on him.

(1) Where a member is declared to be guilty of the charges

brought against him, the Committee shall decide on the appropriate

disciplinary action on the basis of the principles encapsulated in

regulation 23 and shall refer to the provisions of sub-regulations

(2), (3) and (4) of this regulation as a guide to the requirement of

proportionality between the disciplinary action and the gravity of

the infringement committed.

(2) In those cases where the Committee deems the infringement

is of minor consequence to the profession, its reputation, the

practice or to the concerned third party, the Committee may

(a) issue a letter of warning; or

(b) impose a penalty of not less than Lm10 and not more

than Lm150; or

(c) declare that in the event that the member is found

guilty of any other breach of conduct by the

Committee within the ensuing one calendar year, the

latter infringement shall be considered in conjunction

with the former infringement in determining the

severity of the disciplinary action to be taken; or

(d) effect any combination of the above.

(3) In those cases where the Committee deems the infringement

is of moderate consequence to the profession, its reputation, the

practice or to the concerned third party the Committee may

(a) issue a letter of reprimand; or

(b) impose a penalty of not less than Lm100 and not more

than Lm500; or

(c) declare that in the event that the member is found

guilty of any other breach of conduct by the

Committee within the ensuing two calendar years, the

latter infringement shall be considered in conjunction

with the former infringement in determining the

severity of the disciplinary action to be taken; or

(d) order the temporary removal of the member from the

Register of not less than one month and not more than

eight months effective duration

Provided that the Committee may include conditions

on the member for reinstatement to the Register such

as the obligation to successfully undertake specific

training or partake in a continuous professional

development programme during the said period of

application of disciplinary action; or

(e) effect any combination of the above.

(4) In those cases where the Committee deems the infringement

is of grave consequence to the profession, its reputation, the

practice or to the concerned third party the Committee may

(a) issue a letter of reprimand and declare that should the

member be found guilty of any other breach of conduct

by the Committee within the ensuing three calendar

years, the latter infringement shall be considered in

conjunction with the former infringement in

determining the severity of the disciplinary action to

be taken; or

(b) impose a penalty of not less than Lm500 and not more

than Lm5,000; or

(c) order the temporary removal of the member from the

Register

Provided that the period of temporary removal shall be

of a minimum of nine calendar months but not

exceeding eighteen months

Provided further that the Committee may include

conditions on the member for reinstatement to the

Register such as the obligation to successfully

undertake specific training or partake in a continuous

professional development programme during the said

period of application of disciplinary action; or

(d) order the erasure of the member from the Register in

line with the provisions of the Act; or

(e) effect any combination of the above.

(1) The payment of any penalty imposed in accordance

with these regulations shall be paid to the Council within one

calendar month from the issue of the decision.

(2) Non-compliance to the provisions of subregulation (1) shall

be deemed as an offence and the defaulting member shall incur a

further daily penalty of Lm1 for each additional day until such day

that the total sum due is paid

Provided that the Council may, for justified reasons, waive

or reduce this daily penalty.

(3) In this regulation, total sum shall be construed to mean any

penalty or further penalty imposed in accordance with these

regulations together with the sum total of the daily penalty or fine

imposed by subregulation (2).

PHARMACY COUNCIL DISCIPLINARY PROCEDURES