The General Pharmaceutical Council (Appeals Committee Rules) Order of Council 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order approves Rules of the General Pharmaceutical Council (“the Council”) which are set out in the Schedule to it.

The Rules provide for the functions of the Appeals Committee (“the Committee”) of the Council in respect of appeals against appealable decisions within the meaning of article 39 of the Pharmacy Order 2010 (S.I.2010/231) (“the Order”) relating to: the registration of pharmacists, pharmacy technicians or premises at which a retail pharmacy businesses is carried on; the provision of education, training, tests or other means of assessment by institutions or other providers; and for the procedures to be followed in proceedings before the Committee.

Rule 1 provides for the citation and commencement of the Rules. Rule 2 provides for interpretation of the Rules. Rule 3 provides for the service of documents.

Rule 4 sets out the requirements for a Notice of Appeal which must be given to the Registrar of the Council in accordance with article 40 of the Order in order to commence an appeal and the documents which must accompany that Notice of Appeal.

Rule 5 provides for the action to be taken by the secretary to the Committee following receipt of a Notice of Appeal, including that the secretary must send the Notice to the case officer of the Council and request that the case officer provide copies of the documents on which the Council intends to rely in support of the decision under appeal. The secretary is required to send those documents to the appellant and to issue a Notice of Hearing where a hearing is requested. Rule 6 sets out the information which a Notice of Hearing must contain.

Rule 7 provides for case management meetings. Rule 8 contains provision as to evidence. Rule 9 provides that the Committee may seek advice from legal, clinical or specialist advisers (appointed under the Order) or from the Fitness to Practise Committee of the Council.

Rule 10 provides that the burden of proof is on the appellant and that the civil standard of proof applies. Rule 11 provides that the appeal is to be determined on the papers unless the appellant requests a hearing.

Rule 12 provides for the procedure to be followed at hearings. Rule 13 provides that the parties may have legal representation or representation by certain other classes of persons.

Rules 14 and 15 make provision relating to witnesses, including: that they must take an oath or affirmation; that the appellant cannot be compelled to be a witness; for the examination and cross examination of witnesses; for the procedures which are to apply; and for special procedures to be available in the case of vulnerable witnesses.

Rule 16 provides that hearings are to be held in public except in specified circumstances. Rule 17 provides power for the Committee to postpone or adjourn proceedings.

Rule 18 provides that, in addition to sending a statement of the decision to the appellant as required by article 40(8) of the Order, the decision of the Committee is to be sent to the case officer of the Council and other persons whom the secretary considers, in the public interest, ought to be informed.

Rule 19 provides for the award of costs or expenses. Rule 20 provides that hearings must be recorded in written or electronic form.