Regulation of Health and Social Care Professionals Consultation

epresentation. 61 Second, the Society’s Council members are elected instead of
being appointed. 62 Third, the Society’s Registrar is appointed by the Department
of Health, Social Services and Public Safety, whereas the other regulators’
Registrars are appointed by their Councils. 63 Fourth, the Society currently has no
provision for the investigation of fitness to practise cases. As described in Part 8,
this is normally undertaken by the Department of Health, Social Services and
Public Safety. Finally, the Society is only able to use the single sanction of
removal from the register in fitness to practise cases. 64
2.114 The Northern Ireland Assembly has recently legislated to reform many aspects of
the Society’s legal framework. For example, the Council of the Society will be
appointed by the Department of Health, Social Services and Public Safety,
consisting of seven lay members and seven registrants. The Council will delegate
all professional leadership duties to a new Professional Forum Board, which is a
members-led body consisting of eight elected members and three members
nominated by professional bodies. The Society will be required to set standards
for the practice of pharmacy and continuing professional development. A new
Scrutiny Committee will be established to investigate allegations of impaired
fitness to practise. Furthermore, the Statutory Committee, which deals with
fitness to practise cases, will be reconstituted and given new powers. 65
Provisional view
2.115 The Pharmaceutical Society of Northern Ireland is in a very different historical
position to that of the other regulators. Its position as a regulator in a single
jurisdiction means that the general approach to professional regulation may have
to be adapted in its case.
2.116 Many of the proposed reforms in this consultation paper would amount to a
significant reconfiguration of the role of the Society, even taking into account the
recent reforms. The most striking example would be the removal of its
professional representative functions.
2.117 We do not propose that any such reforms should be imposed on the Society.
Given the context, this is properly a matter for the Northern Ireland Executive and
the Society to decide. Nonetheless we do believe that the proposals made in this
consultation paper would be of benefit to the Society and we would wish to leave
open the option of their entering into the new legal framework.
2.118 One option for reform would be to retain the Pharmacy (Northern Ireland) Order
1976 as a separate standalone piece of legislation alongside the new legal
framework. Alternatively it could be retained in the new statute as a separate
Part. We would prefer the latter. One of the advantages of the proposed scheme
is that it allows all UK health care professional regulation law to be located in one
place.
61 Pharmacy (Northern Ireland) Order 1976, SI 1976 No 1213, art 3.
62 As above, sch 2 para 12.
63 As above, art 9(1).
64 As above, art 20(1).
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