17 Scrutiny

section

17.1 The Authority arranges for the scrutiny of samples of advertisements, detail aids, leavepieces, other promotional items and meetings on a continuing basis in relation to the requirements of the Code.

Members of the Authority must not carry out scrutiny.

To facilitate such scrutiny, the Director may request relevant material from pharmaceutical companies, including copies of the certificates authorizing such material, and companies must respond to such requests within ten working days.

17.2 Where a possible breach of the Code is identified under this procedure by the scrutineer, the company concerned is requested to comment in writing within ten working days of receipt of the notification.

17.3 If the company accepts that there is a breach of the Code, the company is requested to provide an undertaking providing the information specified in Paragraph 7.1 above. No administrative charge will be payable in these circumstances and there will be no case report on the matter in question.

17.4 If the company does not accept that there is a breach of the Code and, having considered the company’s comments, the scrutineer decides that there is no case to answer under the Code, then the procedure is brought to a close. There will be no case report on the matter in question.

17.5 If the company does not accept that there is a breach of the Code but, having considered the company’s comments, the scrutineer considers that a case has been established, the matter will be dealt with as a complaint.