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Regulation of Health and Social Care Professionals Consultation

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Education <strong>and</strong> training<br />

4.39 Most constitution orders give the Councils powers to make provision in st<strong>and</strong>ing<br />

orders for matters relating to the education <strong>and</strong> training <strong>of</strong> Council members,<br />

including the ability to allow that education <strong>and</strong> training to be the responsibility <strong>of</strong><br />

another body.<br />

Pharmaceutical Society <strong>of</strong> Northern Irel<strong>and</strong><br />

4.40 Currently, the Pharmaceutical Society <strong>of</strong> Northern Irel<strong>and</strong> is unique in continuing<br />

to allow Council members to be elected. Out <strong>of</strong> its 23 members, 18 are elected as<br />

the representatives <strong>of</strong> pharmaceutical chemists, one is elected as the<br />

representative <strong>of</strong> the registered druggists, two are nominated by Queen’s<br />

University Belfast, one is nominated as a representative <strong>of</strong> the medical pr<strong>of</strong>ession<br />

<strong>and</strong> one is nominated to represent the wholesale drug trade. 25<br />

4.41 However, the Northern Irel<strong>and</strong> Assembly has recently legislated to reform many<br />

aspects <strong>of</strong> the Society’s legal framework, including its governance arrangements.<br />

In the future, the Council <strong>of</strong> the Society will be appointed by the Department <strong>of</strong><br />

<strong>Health</strong>, <strong>Social</strong> Services <strong>and</strong> Public Safety <strong>and</strong> will consist <strong>of</strong> seven lay members<br />

<strong>and</strong> seven registrants. The Council will delegate all pr<strong>of</strong>essional leadership duties<br />

to a new Pr<strong>of</strong>essional Forum Board, which is a members-led body consisting <strong>of</strong><br />

eight elected members <strong>and</strong> three members nominated by pr<strong>of</strong>essional bodies. 26<br />

Provisional view<br />

4.42 As noted in Part 2, our proposed scheme involves removing the formal role <strong>of</strong> the<br />

Privy Council. In accordance with this scheme, Councils would no longer be<br />

constituted by order <strong>of</strong> the Privy Council. Instead, we provisionally propose that<br />

the statute would require that each Council must be constituted by rules issued<br />

by the regulators. This would be subject to the requirement <strong>of</strong> public consultation<br />

set out in Part 2.<br />

4.43 On some matters where the effective operation <strong>of</strong> the General Council relies on<br />

rules being issued we propose that a duty should be placed on each regulator to<br />

issue such rules. These matters are the appointment <strong>of</strong> Council members <strong>and</strong><br />

chairs, terms <strong>of</strong> <strong>of</strong>fice, duration <strong>of</strong> membership, grounds for disqualification,<br />

quorum for meetings, circumstances in which members (including chairs) cease<br />

to hold <strong>of</strong>fice, are removed or are suspended, education <strong>and</strong> training <strong>of</strong> Council<br />

members, <strong>and</strong> attendance requirements <strong>of</strong> Council members. Although the<br />

regulators would be required to make rules on these matters, the content <strong>of</strong> the<br />

rules would be left to the regulators to determine in the light <strong>of</strong> their own<br />

individual circumstances <strong>and</strong> resources. On most other matters, the regulators<br />

would have powers but would not be required to make rules. Moreover, the<br />

regulators could set requirements for national/regional based appointments to the<br />

Council, if they wish to do so.<br />

4.44 As noted above, this proposal would mean that the regulators would be required<br />

to make rules governing the appointment <strong>of</strong> Council members <strong>and</strong> Chairs.<br />

Currently, the formal responsibility for doing this rests with the Privy Council but<br />

25 Pharmacy (Northern Irel<strong>and</strong>) Order 1976 SI 1976 No 1213 (NI 22), sch 2 para 12.<br />

26 Pharmacy (1976 Order) (Amendment) Order (Northern Irel<strong>and</strong>) 2012.<br />

60

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