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The Pharmacy Order 2010 (Appeals – Transitional Provisions) Order of Council 2010

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Appealable registration decisions: right to appeal a decision of the Society

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2.—(1) This article applies, for transitional purposes, where—

(a)an appealable registration decision has been made by the Society or any of its committees before the appointed day; and

(b)the period within which an appeal against that decision may be brought to the Registration Appeals Committee under article 43 of the 2007 Order (appeals to the Registration Appeals Committee) by the person in respect of whom the decision was made (“the person concerned”) has not, immediately before the appointed day, expired.

(2) An appeal may be brought by the person concerned to the Appeals Committee against a decision to which this article applies provided that the appeal is brought, in accordance with the relevant provisions of the 2007 Order, before the end of the period of 28 days beginning with the date on which the written notice of the reasons for the decision was sent to that person.

(3) The proceedings in respect of an appeal which is brought by virtue of paragraph (2) must be disposed of by the Appeals Committee—

(a)in accordance with the relevant provisions of the 2007 Order as if those provisions remained in force; or

(b)in such other manner as it considers just.

(4) Article 44 of the 2007 Order (appeals from the Registration Appeals Committee) applies in relation to any decision of the Appeals Committee that is made by virtue of this article; and in its application by virtue of this paragraph any references—

(a)to the Registration Appeals Committee are to be treated as references to the Appeals Committee; and

(b)to the Registrar are to be treated as references to the Registrar for the purposes of the Order.

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