Appealing the Committee’s decision
Anyone wishing to appeal a decision of the Committee must appeal directly to the relevant Court. The majority of appeal cases relate to decisions taken by the Registrar to refuse to grant an application for registration.
Article 39 of the Pharmacy Order 2010 sets out what are ‘appealable decisions’. This article sets out that a person in respect of whom an ‘appealable decision’ has been made may appeal against it to the Appeals Committee by giving notice of appeal to the Registrar within 28 days beginning with the date on which the written statement of the reasons for the decision was sent.
No later than 7 days before the day of the hearing, the secretary must provide the Committee with an agenda and the documents relevant to the consideration of the appeal. The Committee may refuse to allow a witness to give oral evidence, or to give oral evidence on a particular matter, if the Committee is satisfied that all or part of the evidence that the witness is to provide should have been disclosed to the party not calling the witness at an earlier stage in the proceedings.
Hearings before the appeals Committee must be conducted in public although there are some exceptions.
Decision of the Committee
The Appeals Committee must, as soon as is reasonably practicable, send the person bringing the appeal a statement in writing giving the person notice of the Committee’s decision and the reasons for it and of any right of appeal. After announcing the Committee’s decision on the appeal, the chair may invite representations as to whether costs or expenses should be assessed against either party.
Where a hearing is to be held and a party is seeking or intends to seek an order for payment of its costs, the party must serve on the other party, and on the secretary, a schedule of costs or expenses relating to the hearing no less than 24 hours before the date of the hearing.
After hearing any representations from the parties, the Committee may, if it thinks fit and having regard to the ability of any party to pay, order that a party pay by a specified date all or part of the costs or expenses relating to the hearing incurred by the other party.