The Pharmaceutical Journal
Vol 270 No 7240 p378
15 March 2003

Society summary

Council to consult the membership on content of a new Charter for the Society

The preliminary consultation paper published this week

What happens next? A pull-out section in next week's Journal will carry the text of the current Charter, a suggested first draft of a new Charter, a table of comparisons and explanatory notes. The draft new Charter, based on legal advice taken to date, will be intended simply to give a general idea of how things could look. Before petitioning the Privy Council for a new Charter, the Council will revise the draft to take into account the feedback from a wide-ranging consultation with the membership and other stakeholders. The Council is planning a communications programme that aims to stimulate debate with as many members as possible. Over the coming months, it will communicate with members via the pharmacy press and the Society's website. Members will be able to express their views at a range of gatherings, including branch and regional meetings and the Society's annual general meeting and branch representatives' meeting. To inform discussions at the AGM and BRM, the Council is inviting initial views, based on the information in next week's Journal, by 22 April.

The Council of the Royal Pharmaceutical Society has begun the process of consulting the membership on the content of a proposed new Royal Charter for the Society.

The Council decided on 5 March to seek a new Charter to complement new legislation (see p379). The Society is following up that decision by publishing a four-page preliminary consultation paper as a centre pull-out (PDF 125K) in this issue of The Pharmaceutical Journal.

Explaining the importance of the Charter, the paper says that the Society is governed both by legislation and Charter. It has always been proud of its chartered status, the benefits of which include flexibility, autonomy and the power to carry out a wider range of activities than set out in legislation, provided they are not at odds with the public interest.

The original Charter, granted in 1843, established the Society as a chartered corporation and set out its objects, its structure and some of its powers. Supplemental Charters amended the original Charter in 1901 and 1948, and another supplemental Charter in 1953 was effectively a new Charter, revoking all previous Charters except in so far as they served to incorporate the Society. However, the 1953 Charter is now out of date in a number of respects, the document says. For example, modern requirements for good governance mean that the Charter should make explicit what is currently implicit, such as confirming that the Society's powers will be exercised for the public benefit and describing the purposes for which the Society's assets may be used. The Society's ability to regulate its internal affairs is hindered by the need for Privy Council approval before the Byelaws can be changed. Other out-of-date features are the provisions relating to property and the focus on "advancing the science of chemistry".

The Council has decided that an entirely new Charter is necessary because the Society could not be made fit for the future just by amending the current Charter. Small amendments would not be sufficient to achieve clarity and consistency.

A further problem with seeking only to amend the current Charter is that it would depend on the outcome of a special general meeting at which 75 per cent of those present would need to accept the proposed changes. The Council is concerned that an SGM might not reflect the majority views captured over the past year's consultation on reform but instead be dominated by "a small but vocal minority who have monopolised much of the debate on reform so far". Furthermore, the Privy Council would also be unlikely to consider that an SGM reflects adequate consultation.

The document says that a new Charter will complement the legislation the Council is seeking so as to support the Society's integrated roles in a coherent way. A new Charter will demonstrate a commitment to the Society's wider functions as a professional body and will ensure that it is fully equipped and empowered to fulfil its remit as an integrated modern regulator and professional body.

Proceeding separately with proposals for legislation and the Charter would be unlikely to achieve the best outcome for pharmacy and the public, the paper suggests. The option of having a new Charter alongside an Order under Section 60 of the Health Act 1999 gives the Society the opportunity to ensure that it is properly equipped for its role as a modern regulator and professional body, with clear and appropriate powers and functions. A new Charter would support the Society's integrated functions and, in particular, safeguard and strengthen the professional role.

The document points out that all methods of seeking a new Charter involve an extensive period of consultation and clearance with the Privy Council's advisers. These would be essentially the same Department of Health officials and lawyers as are involved with the formulation of the Section 60 Order.

The document warns that, if the Society does not update its Charter concurrently with new legislation, the Government may well use legislation to act directly on the Charter — not necessarily with the Society's agreement. The Charter would in effect be overwritten by legislation. This could make it harder for the Society to achieve the best outcome for the profession and the public and reduce its ability to achieve desirable change in the future. It would leave the Charter to wither on the vine, serving no real purpose other than to incorporate the Society.