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

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2.—(1) In these Rules—

the Order” means the Pharmacy Order 2010;

“the Statutory Committees and their Advisers Rules” means the General Pharmaceutical Council (Statutory Committees and their Advisers) Rules 2010(1);

“appealable decision” means an appealable decision within the meaning of article 39 of the Order;

“appellant” means—

(a)

a person in respect of whom an appealable decision has been made (within the meaning of article 40 of the Order) who is appealing against that decision; or

(b)

in the case of an appealable decision to which article 47(6)(a) or (b) of the Order applies, an institution or other provider which is appealing against that decision,

(or, where appropriate, their representatives);

“case officer” means the person representing the Council in matters relating to the appeal other than at a hearing;

“the chair” means the chair of the Committee;

“the Committee” means the Appeals Committee established under article 4(6)(c) of the Order;

“Notice of Appeal” means a notice of an appeal against an appealable decision given in accordance with paragraph (1), (2) or (3) of article 40 of the Order;

“Notice of Hearing” is to be construed in accordance with rules 5(f) and 6;

“parties” means the Council and the appellant (or, where appropriate, their representatives) and “party” is to be construed accordingly;

“the presenter” means the representative of the Council presenting the case at a hearing (and includes employees of the Council);

“secretary” means the secretary to the Committee; and

“witness” means a person giving oral evidence at a hearing, including an appellant giving oral evidence.

(2) For the purposes of these Rules—

(a)a meeting or hearing of the Committee, other than when it is deliberating in private, is considered to be “in private” if it is held in the presence of—

(i)the parties and any person present who is representing a party,

(ii)the person acting as secretary,

(iii)any witness giving evidence,

(iv)any legal, clinical or specialist adviser,

(v)any person responsible for the recording of the proceedings, or

(vi)any other person whose presence is deemed necessary by the chair of the Committee,

but otherwise excluding everyone else; and

(b)the private deliberations of the Committee are considered to be “in private” if they are held in the presence of—

(i)the person acting as secretary,

(ii)any legal adviser, or

(iii)any person responsible for the recording of the proceedings,

but otherwise excluding everyone else.

(1)

These Rules are scheduled to S.I. 2010/1616.

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