PHARMACY COUNCIL (ERASURE OF NAMES PROCEDURE) [ S.L.458.12 1
SUBSIDIARY LEGISLATION 458.12
PHARMACY COUNCIL (ERASURE OF NAMES 
PROCEDURE) RULES
15th July, 1969
LEGAL NOTICE 76 of 1969, as amended by Legal Notice 80 of 1981.
Title.
of Names Procedure) Rules.
Interpretation.
Cap. 464.
"appropriate register" means the appropriate register for the
purposes of the Act;
"Chairman" means the Chairman of the Pharmacy Council and
includes, in the case of absence of the Chairman from a meeting of
the Council, the member acting as Chairman of that meeting;
"charge" means a charge specified in a notice of inquiry; 
Cap. 94.
"Council" means the Pharmacy Council established by the
Department of Health (Constitution) Ordinance;
"notice of inquiry" has the meaning assigned to it by rule 5(1);
"practitioner" means an apothecary or an assistant apothecary
registered under the Act, and references to the practitioner, in
relation to any complaint or information or to any proceedings, are
references to the practitioner against whom a complaint or
information is sent to the Council;
Cap. 94.
"registrar" means the registrar of the Pharmacy Council
appointed in accordance with the provisions of article 29(5) of the
Department of Health (Constitution) Ordinance.
Directions under 
the Act.
3. No direction shall be given under the Act except in
consequence of an inquiry held in accordance with the provisions
of these rules into the charge formulated in a notice of inquiry
served in accordance with the provisions of these rules on the
person against whom the charge is made.
Complaints and 
information.
Amended by:
L.N. 80 of 1981.
Cap. 9.
4. (1) Where -
( a ) a complaint in writing that a practitioner 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 practitioner 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 practitioner
has been sent to the Council by any body or person, or
information in writing as to the conduct of a
2 [ S.L.458.12 PHARMACY COUNCIL (ERASURE OF NAMES PROCEDURE)
practitioner has been sent to the Council by a person
acting in a public capacity; or
( c ) a complaint in writing that a practitioner 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 practitioner to continue to practise his
profession on the grounds aforesaid is sent to the
Council by a person acting in a public capacity,
the registrar shall submit the complaint or information to the
Chairman.
(2) In so far as a complaint relates to conduct or unfitness on
grounds of infirmity it shall not proceed further unless and until it
has been confirmed by means of a declaration on oath; 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.
(3) Subject to the provisions of sub-rule (2), the Chairman shall
direct the registrar to notify the practitioner of the receipt of the
complaint or information stating the substance thereof and sending
to the practitioner a copy of any declaration on oath furnished
under sub-rule (2), and to invite the practitioner to submit to the
Board, within such date as the Chairman shall determine, any
explanation which the practitioner may have to offer; and every
such explanation must be in writing and must reach the registrar
within the time fixed by the Chairman:
Provided, however, that in so far as a complaint or
information relates to conduct, if it does not appear to the Chairman
that a question arises whether the said conduct constitutes infamous
conduct in a professional respect he shall direct the registrar to
refer such complaint or information to the Board either to decide
that the complaint or information need not proceed further or to
direct the registrar to notify the practitioner in accordance with the
provisions of this sub-rule.
(4) Subject to the foregoing provisions of this rule, the
Chairman shall direct the registrar to refer for inquiry a complaint
or information to the Council together with any explanation then
furnished by the practitioner and any declarations on oath furnished
under sub-rule (2).
(5) In this rule 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.
Notice of inquiry. 5. (1) As soon as may be after a complaint or information has
been referred to the Council under the foregoing provisions and
PHARMACY COUNCIL (ERASURE OF NAMES PROCEDURE) [ S.L.458.12 3
unless the Council is fully satisfied with the written explanation of
the practitioner, the registrar shall serve on the practitioner a notice
(in these rules referred to as a "notice of inquiry") which shall -
( a ) specify, in the form of a charge, the matters into which
the inquiry is to be held, and
( b ) state the day, time and place at which the inquiry is to
be held.
(2) The inquiry shall not be fixed for any date earlier than eight
days after the date of the notice of inquiry.
(3) A notice of inquiry shall be in the form set out in Form A
contained in the Schedule, with such variations as circumstances
may require.
(4) There shall be sent with any notice of inquiry a copy of
these rules.
(5) A copy of the notice of inquiry shall be served on the
complainant or the informer.
Day and time of 
inquiry.
6. The Chairman shall appoint the day and time for the
holding of an inquiry under the Act.
Defective notice.
Amended by:
L.N. 80 of 1981.
7. (1) Where before the hearing of an inquiry it appears to the
Chairman, or at any stage of the hearing it appears to the Council,
that a notice of inquiry is defective, the Chairman or the Council, as
the case may be, shall give directions for the amendment of the
notice as he or it may think necessary unless, having regard to the
merits of the case, the required amendments cannot be made
without injustice.
(2) Where in the opinion of the Chairman or of the Council it
is expedient, in consequence of the exercise by him or it of the
powers conferred by sub-rule (1), that the inquiry should be
postponed or adjourned, the Chairman or the Council, as the case
may be, shall give such directions in that behalf as appear
necessary.
Public 
proceedings.
8. Proceedings before the Council shall be held in public; the
Board may, however, when it considers it expedient, order that the
proceedings be held in private.
Abstention or 
challenge.
Amended by:
L.N. 80 of 1981.
Cap. 12.
9. (1) Any member or additional member of the Council and
the registrar 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
practitioner.
(3) The Council shall decide the objection previously to the
reading out of the said charge and its decision shall be final.
Legal and other 
assistance.
10. (1) Any party to the proceedings before the Council may
be assisted by an advocate or legal procurator. The practitioner may
also be assisted by a member of his profession, whose name
4 [ S.L.458.12 PHARMACY COUNCIL (ERASURE OF NAMES PROCEDURE)
appears in the appropriate register and if he is an assistant
apothecary he may choose to be assisted either by an apothecary or
by a member of his profession whose name in either case appears in
the appropriate register.
(2) The Chairman shall bring the provisions of this rule to the
notice of any party to the proceedings appearing before the Council
without any such assistance.
Reading of charge. 11. The proceedings on the inquiry shall commence with the
reading out by the registrar of the charge. Thereupon the Chairman
shall put to the practitioner the question whether he admits or
refutes the charge.
Admission or 
refutation.
12. (1) If the practitioner admits the charge the Council may,
in its discretion, dispense with the production of witnesses and
proceed to give its decision on that day or on any other day
appointed for the purpose.
(2) If the practitioner refutes the charge the Council shall
proceed with the inquiry.
(3) If the practitioner fails to attend without just cause and the
Council is satisfied that a notice of inquiry was sent as required by
these rules, the Council may, if it thinks fit, proceed with the
inquiry even in his absence:
Provided, however, that if the practitioner is unable to
attend for a just cause, he may, if he so prefers, request that the
inquiry be proceeded with and appoint one of the persons
mentioned in rule 10(1) to represent him in the proceedings.
Proceedings. 13. The proceedings on an inquiry shall be as follows:
( a ) Witnesses in support of the charge shall be produced
and examined by the party producing them or, in his
absence, by the Council and cross-examined by the
practitioner; thereafter any member of the Council
shall be at liberty to put questions as he may deem
necessary.
( b ) Witnesses in defence shall be heard and in case the
practitioner 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 practitioner and cross-examined by
any other party to the proceedings; thereafter any
member of the Council shall be at liberty to put
questions as he may deem necessary.
( c ) When the whole of the evidence has been concluded,
the practitioner shall, personally or through the person
by whom he is assisted, address the Council and make
his defence.
( d ) The Council shall then give its decision on that day or
on any other day appointed for the purpose.
( e ) The Council 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
PHARMACY COUNCIL (ERASURE OF NAMES PROCEDURE) [ S.L.458.12 5
documents.
Charge not proved.
has not been proved, the Council shall decide accordingly and it
shall record a finding that the charge has not been proved and that
the practitioner is not guilty in respect of the matters to which the
charge relates.
Decisions public 
and in writing.
15. (1) The decisions of the Council shall be given in public
and in writing; they shall be signed by the Chairman.
(2) The original shall be kept with the registrar, together with
the complete record of the inquiry.
Validity of 
proceedings.
Amended by:
L.N. 80 of 1981.
16. Where under any of the foregoing provisions of these rules
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 additional members of the Council
who were present at the former meeting were not present at the
later meeting or that members or additional members of the Council
who were present at the later meeting were not present at the
former meeting.
Copy of decision.
copy of the decision of the Council.
Form of summons 
to give evidence.
18. Notice to any person to appear before the Council to give
evidence and/or produce documents shall be in the form set out in
Form B contained in the Schedule.
Signature and 
serving of notices.
19. Every notice referred to in these rules shall be signed by
the Chairman and served in accordance with the provisions of
article 36 of the Act:
Provided that any notice issued under rule 18 shall be
served in accordance with the provisions of article 37 of the Act.
Powers of Council.
proceedings -
( a ) to maintain good order, and 
( b ) to regulate the discussion.
Confidential 
discussions.
Amended by:
L.N. 80 of 1981.
21. The members and the additional members of the Council
and the registrar shall not divulge anything discussed by the
Council in the course of an inquiry.
Other proceedings.
regulate its own procedure.
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SCHEDULE
Rules 5(3), 18
FORM A
Rule 5(3)
PHARMACY COUNCIL
Notice of Inquiry
To ..................................... (date)
..........................................
I hereby give you notice that the Pharmacy Council has ordered
an inquiry to consider and judge the charge imputed to you, namely
..................................................
You are hereby informed that the first sitting of the said inquiry
will be held on ............... the .................19 ............. at ... at
........................
A copy of the Pharmacy Council (Erasure of Names Procedure)
Rules is enclosed for your guidance.
You are warned that failure on your part to appear without giving
a reasonable explanation for your absence would not debar the
Pharmacy Council from proceeding with the inquiry even in your
absence.
Chairman, 
Pharmacy Council
PHARMACY COUNCIL (ERASURE OF NAMES PROCEDURE) [ S.L.458.12 7
FORM B 
Rule 18
PHARMACY COUNCIL
Notice to a person to give evidence and/or to produce
Documents, etc.
To ....................................(date)
You are hereby required to attend before the Pharmacy Council
on ................. the ................19 ...... at ............. at ........................
and so on any other day to which the hearing may be put off, to
give evidence and/or to produce the following documents
........................... in the matter of an inquiry held against
..........................................
You are warned that failure to attend as hereby required will
expose you to sanctions prescribed by law.
Chairman, 
Pharmacy Council
