Pharmacy Act 2007

Procedure following recommendation for, or decision to take, further action.

40.— (1) If the preliminary proceedings committee advises, pursuant to section 38 , that there is sufficient cause to warrant further action or the Council decides, under section 39 , to take further action, the committee shall either—

(a) refer the complaint for resolution by mediation under section 37 , or

(b) refer the complaint to whichever of the following committees (“committees of inquiry”) it considers appropriate—

(i) the professional conduct committee,

(ii) the health committee.

(2) If informed by a mediator that a complaint referred for resolution by mediation—

(a) cannot be so resolved,

(b) can be so resolved but only after taking into account considerations which make the complaint more suitable for a committee of inquiry,

the committee shall refer the complaint to a committee of inquiry as if under subsection (1)(b).