Information pack for applicants -

Freelance Legal Adviser

Closing date:9 February 2014

Table of contents

Page

Introduction1

Recruitment Timetable1

The Role2

How to Apply4

Appendix 1 - The Seven Principles of Public Life6

Appendix 2 – The Code of Conduct for Council Members

and GPhC Associates & Partners7

Introduction

Thank you for your time and interest in reading this applicant information pack.

The General Pharmaceutical Council (GPhC) is the independentregulator for pharmacists, pharmacy technicians and registered pharmacies in England, Scotland and Wales.

Our mission is:

“To protect, promote and maintain the health, safety and well-being of members of the public and in particular of those members of the public who use or need the services of registrants, or the services provided at a registered pharmacy, by ensuring that registrants, and those persons carrying on a retailpharmacy business at a registered pharmacy, adhere to such standards as the Council considers necessary for the safe and effective practice of pharmacy.”

You can find information about the GPhC on our website

The GPhC’s Strategic Plan 2014-2017 can be found at

Indicative timetable for the recruitment process

Closing date:9 February 2014

Assessment date:April 2014

Start date:September 2014

The Role

This is a freelance position. All GPhC Associates & Partner roles are treated as self-employed for the purposes of their work with the GPhC. The contract withthe GPhC will not be one of employment.

Time Commitment:

As a Legal Adviser you will form part of a pool of people who we call on to provide legal advice to our statutory committees. The GPhC is unable to guarantee a minimum number of days of work, but we anticipate that legal advisers are likely to be required up to a maximum of 2 days peryear.

Remuneration: £ per day

Daily rate for legal advice583

Training days223

Role and person specification –

Legal Adviser

Location: Canary Wharf London

Introduction

The General Pharmaceutical Council (GPhC) is the independent regulator for pharmacists, pharmacy technicians and pharmacy premises in Britain. It is our job to protect, promote and maintain the health, safety and wellbeing of members of the public by upholding standards and public trust in pharmacy.

The GPhC’s role covers a wide range of functions that assure pharmacist/pharmacy technicians competence and fitness to practice, and that pharmacy premises are maintaining the required standards. The functions include controlled entry into the professions, education, registration, setting and enforcing professional standards, dealing with poor performance, dealing with misconduct and removal from the register.

Three independent statutory committees assist the GPhC in performing these functions; Fitness to Practise, Investigating and Registration Appeals. These committees serve to protect patients and the public.

Main purpose of the role

The function of a legal adviser is to ensure that proceedings before the statutory committee are conducted fairly and to advise ,if required, on points of law. As a Legal Adviser you may find yourself advising any of the GPhC’s three statutory committees.

Main Tasks

  1. Read and assimilate papers before hearings;
  2. Attend hearings and meetings of the statutory committees advising the committee before the start of the hearing/meeting of any preliminary matters;
  3. Advise the committee on questions of law that are referred to them by members of the committee;
  4. Intervene to advise the committee on an issue of law where it appears that without intervention there is a possibility of an error of law being made;
  5. Inform the committee immediately of any irregularity in the conduct of proceedings before it;
  6. At the request of the chair, advise the committee on the structure, format and presentation of the reasons for a decision of that committee.

Essential requirements

  1. Legally qualified with significant practicing experience
  2. A current practicing certificate
  3. General understanding of and interest in the NHS, healthcare professions and pharmacy in Great Britain;
  4. Extensive experience in public law and/or regulatory law.
  5. Up to date working knowledge of health care regulatory case law including jurisprudence arising out of the CHRE referrals to the High Court;
  6. Recent court experience;
  7. Experience of giving advice to tribunals or similar bodies;
  8. Good communication, intellectual and analytical ability.

How to apply

Please read these guidance notes carefully – they are intended to help you make the most of your application.

Application guidance notes

Your application form is an important part of the recruitment process. Our decision about whether to call you in for an assessment is based solely on the information in your application form setting out how you demonstrate you meet the criteria required for the role.

If you have any queries on the application process, or require a hard copy application pack, please contact the Associates & Partners team on 020 3365 3579 or 020 3365 3504. Please let us know if you require the application form in large print, Braille or in a different format (including Welsh language).

Eligibility criteria

Before completing the application form, please make sure you meet the eligibility criteria. To be eligible as a Legal Adviser you must hold a current practicing certificate.

Addressing the essential / desirable criteria in your application

We use the essential and desirable criteria section to assess whether you have the qualities that are required for the role.

Your response should highlight key areas and personal achievements in your experience, details of your level of responsibilities and decision making and the size and complexity of the organisation or environment where you developed and used these skills. Please note that you can include relevant skills, knowledge and experience from paid work, study, community or voluntary work, or other experience.

You should give concise and specific examples to evidence how you have gained and used the qualities set out.

You should avoid the use of generic statements such as “I am good at working as part of a team” as we need specific evidence to show how you demonstrate this, further guidance is set out below.

Submitting your application

You will need to complete both the application and reference forms. Please note; CVs will not be accepted.

Please return your completed forms to either:

  • By email: or
  • By post:

Janice Mangan

Associates & Partners,

GPhC

3rd Floor,

129 Lambeth Road,

London

SE1 7BT

Once we have received your application, you will receive an email confirming receipt. If you do not receive this email, please check your junk mail, before contacting us.

Adjustments for candidates with a disability

The GPhC is committed to making our recruitment process accessible. If you have specific access requirements at either the application or assessment stage, please let us know by contacting the Associates & Partners team on 020 3365 3579 or 020 3365 3504

Equality and diversity monitoring

We value diversity and wish to promote it on our Committees. We welcome applications from all sections of the community. The GPhC is committed to ensuring its processes and procedures are fair, and transparent and free from unlawful discrimination. To ensure we are treating candidates fairly, we monitor diversity at all stages of the appointments process. The application process includes an equalities monitoring form for completion and submission with the application form. You can learn more about our approach to promoting equality and diversity at

Information will be treated as strictly confidential and will be used for monitoring purposes only. This form will not be taken into account at any stage in the selection process. No information will be published or used in any way which allows any individuals to be identified.

Please let us know if you require any reasonable adjustments at any stage of the appointments process.

Please note that late applications will not be considered.

Appendix 1

The Seven Principles of Public Life

All applicants for public appointments are expected to demonstrate a commitment to, and an understanding of the value and importance of the principles of public service. The seven principles of public life are:

Selflessness

Holders of public office should act solely in terms of the public interest.

Integrity

Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.

Objectivity

Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.

Accountability

Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

Openness

Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

Honesty

Holders of public offices should be truthful.

Leadership

Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour whenever it occurs.

Appendix 2

Code of Conduct for Council members and GPhC associates & partners

Introduction

This code of conduct is a core element of the GPhC’s governance and assurance framework. The adoption of, and adherence to, the code demonstrates that the GPhC’s Council members, associates and partners are applying high standards of corporate behaviour and living up to them.

Scope of application of the Code

As well as Council members, there are a number of non-employee groups who help the GPhC to fulfil its regulatory functions. We use the broad term ‘associate’ and ‘partner’ to describe these groups. Associates and partners fill a variety of roles, providing a wide range of knowledge and skills to support the GPhC’s work. These include: external members of non-statutory committees and working groups; statutory committee members, including fitness to practise panellists; visitors; CPD reviewers; assessors; evaluators & overseas panel members for registration applications; legal & clinical advisers, and medical assessors.

Council members, associates and partners are required to observe the same code of conduct, although not all provisions may be equally relevant to all groups. This is intended to promote consistency in standards of behaviour and enhanced performance throughout the GPhC. Where appropriate, associates may also need to comply with requirements relevant to their specific functions.

The Code of Conduct

The GPhC is committed to protecting, promoting and maintaining the health, safety and well-being of members of the public, and in particular those who need or use the services of pharmacy professionals or the services provided at a registered pharmacy.

The code of conduct applies to all Council members associates and partners of the GPhC. If you are not sure whether this code applies to you, please contact the Head of Governance for information and advice.

Members’, associates’ and partners’ behaviour must be businesslike and professional in all their activities relevant to the GPhC.

Members, associates and partners must demonstrate their duty to the public, unconflicted by loyalties to other organisations, to staff or any personal interest.

Members, associates and partners must not attempt to exercise individual authority within the organisation, unless expressly authorised by the Council.

Members, associates and partners must co-operate and work collaboratively with colleagues.

Members, associates and partners must distinguish clearly, when speaking or writing, between their personal views and the views of the organisation. Notwithstanding this distinction, members, associates and partners must demonstrate their adherence to the principle of collective responsibility in respect of all decisions to which they are party. This includes, for members, decisions of the Council and, for associates and partners, decisions of any committee or working group to which they are appointed. Members of the Council or a committee or working group are collectively responsible for its decisions whilst they are a member even if they vote against a particular decision; abstain from voting or are absent.

Members, associates and partners must not make use of information acquired by virtue of their position at the GPhC for personal gain.

Members, associates and partners must respect the confidentiality of business items and information designated as confidential.

Members, associates and partners must avoid any behaviour that may impair the ability of the GPhC, the Council or a committee to perform its functions or to enjoy the confidence of stakeholders such as the public and patients, registrants and parliaments.

Members, associates and partners must keep in mind the competencies required for their role and seek to demonstrate these throughout their tenure.

Members. associates and partners must be properly prepared for Council or committee deliberations.

Members, associates and partners must promote equality and diversity and treat others with respect in accordance with the GPhC’s equality, diversity and inclusion policy.

Members, associates and partners must observe the applicable standards and policies in respect of:

Conflicts of Interests

Gifts & Hospitality

Education & training

Attendance at Meetings

Performance Appraisal.

As soon as the situation arises members, associates and partners must disclose to the Chair or the Associates and Partners Manager any commitment or activity which may be perceived as a potential conflict of interest in respect of the role they undertake with the GPhC.

Members, associates and partners must inform their Chair of any reason why they may be liable to be suspended or removed from the Council or a committee under the provisions of the GPhC (Constitution) Order, the GPhC’s rules and the standing orders. The Chair must inform the Chief Executive & Registrar of any reason why he or she may be liable to be suspended or removed from the Council under the provisions of the GPhC (Constitution) Order and the standing orders.

Any action which may be a breach of this code will be considered in line with the GPhC’s governance framework and may be dealt with in accordance with the GPhC’s ability to suspend or remove its members, associates and partners.

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