19 Scrutiny

19.1 The Authority may arrange 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 may not adjudicate on a case relating to a material or activity that they have reviewed as part of scrutiny.

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

The Authority cannot approve any materials or activities.

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

19.3 If the company accepts that there is a breach of the Code, the company will be requested to provide an undertaking as specified in Paragraph 8.1. No administrative charge will be payable in these circumstances and there will be no case report on the matter in question.

19.4 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 will be brought to a close. There will be no case report on the matter in question.

19.5 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.