Paragraph 8 Outstanding appeals to the Council

(1)

Where, before the appointed day, a person was entitled, by virtue of section 2(2) or (2B) of the 1954 Act^f1, to appeal to the Council against a decision of the Registrar that he is not qualified to have his name registered in the Register of Pharmacists, or against the failure of the Registrar to give notice of a decision on his application within the specified period—

(a)

whether or not he has appealed to the Council before the appointed day, he may appeal to the Council against that decision or failure to give notice, provided he does so within the specified period for bringing an appeal; and

(b)

on the appeal, the Council—

(i)

may determine that his name is to be entered in the Register of Pharmacists, and

(ii)

shall in any event dispose of the matter in such manner as it considers just.

(2)

A person whose appeal is determined by the Council in accordance with sub-paragraph (1) and is dismissed may appeal to the relevant court, provided that he does so (subject to any rules of the relevant court in respect of the admissibility of applications to it) within 28 days beginning with the date on which the Council notified him of the decision against which he is appealing.

(3)

Section 4B(2) and (3) of the 1954 Act^f2 shall apply to an appeal under sub-paragraph (2) as they apply to an appeal under section 4B(1) of that Act.

Annotations

Footnotes

f1: Subsection (2) was amended by S.I. 1987/2202 and subsection (2B) was inserted by S.I. 2003/3148.
f2: Section 4B was inserted by S.I. 2003/3148.