Appeals committee

This article sets out that a person in respect of whom an 'appealable decision' (see below) 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.

Appealable registration decisions

The following document sets out appealable decisions that the Committee can consider:

Appealable decisions [PDF opens new window, 51KB]

Notice of Appeal

If you wish to appeal please complete the Notice of Appeal document below.

GPhC Notice of Appeal [PDF opens new window, 60KB]

Guidance notes for completing Notice of Appeal [PDF opens new window, 206KB]

Following the receipt of a valid appeal, the secretary must acknowledge receipt of the appeal and accompanying material.

Procedure of the Appeals Committee

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 order of proceedings at the hearing is to be as follows:

  • the chair must declare the hearing open;
  • where the appellant is not present and is not represented either at the hearing, the chair —
    (i) must require the secretary to adduce evidence that all reasonable efforts have been made to serve the Notice of Hearing on the appellant, and
    (ii) having consulted the Committee, may, if the chair is satisfied that the Notice of Hearing has been duly served, proceed with the hearing in the absence of the appellant, or adjourn the hearing and issue appropriate directions;
  • the Committee must hear and consider any preliminary legal arguments;
  • the presenter must make an opening statement, outlining what the presenter considers to be the relevant circumstances of the case;
  • the appellant may adduce evidence* in support of the appellant's appeal, and may call witnesses (provided that the chair is satisfied that the witness is in a position to provide relevant testimony);
  • the presenter may adduce evidence* in rebuttal of the position of the appellant and in support of the position of the Council, and may call witnesses (provided that the chair is satisfied that the witness is in a position to provide relevant testimony);
  • the appellant may make a closing statement;
  • the Committee must deliberate in private and must then announce its decision on the appeal in the presence of the parties (where present), together with the reasons for its decision.

Otherwise the conduct of the hearing is to be at the discretion of the chair.

(* 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, or is to provide on that matter, should have been disclosed to the party not calling the witness at an earlier stage in the proceedings).

Except as provided by rule 16 of the Appeals Committee Rules 2010, hearings before the Committee must be conducted in public.

Appeals committee rules  [PDF opens new window, 69KB]

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.

The written statement must be given, in addition to the appellant, to:

(a) the case officer; and

(b) any other person whom the secretary considers, in the public interest, ought to be informed of the Committee's decision.

The written statement given to the appellant must be accompanied by a record of any rulings on questions of law or admissibility of evidence made by the chair or the Committee.

Costs of the hearing

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 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.

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.

Where the Committee orders a party to pay costs or expenses, the chair may:

(a) summarily assess the costs or expenses to be paid; or

(b) require the parties either to agree the figure for the costs or expenses to be awarded or to submit to taxation before a person appointed by the secretary*.

*Where a person is appointed by the secretary that person must also determine how the costs of the assessment are to be apportioned.

Membership of the Appeals Committee

View the Membership of the Appeals Committee

Contact

Alison Thompson - Scheduling and Hearings Manager

Tel: 020 3713 7840
Fax:020 3713 8144
Alison.thompson@pharmacyregulation.org