Paragraph 10 Appeals against appealable fitness to practise decisionsF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 3 para. 8(1)(a) words omitted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(2)
Sch. 3 para. 8(1A)(1B) inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(3)
Sch. 3 para. 8(2) words inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(4)(a)
Sch. 3 para. 8(2)(a)(ii) words substituted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(4)(b)
Sch. 3 para. 8(3) words substituted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(5)(a)
Sch. 3 para. 8(3)(c) words inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(5)(b)
Sch. 3 para. 8(4) substituted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(6)
Sch. 3 para. 8(5) words inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(7)
Sch. 3 para. 8(8) words inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(8)
Sch. 3 para. 8(10) words substituted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(9)
Sch. 3 para. 8(10A) inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 15(10)
Sch. 3 para. 15(2)(b) words inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 16(a)
Sch. 3 para. 15(3)(d)(i) words inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 16(b)(i)
Sch. 3 para. 15(3)(j)(i) word inserted by Pharmacy (Premises Standards, Information Obligations, etc.) 2016 art. 16(b)(ii)

(1)

The following decisions are appealable fitness to practise decisions for the purposes of this Order—

(a)

a decision of the Statutory Committee under paragraph 7 to give a direction to strike the name of a registered person off the register;

(b)

a decision of the Statutory Committee under paragraph 7 to give a direction for suspension or for conditional entry (including a direction extending a period of earlier suspension or of conditional entry or making a period of suspension indefinite);

(c)

a decision of the Statutory Committee under paragraph 7 to give a direction to vary the conditions imposed by a direction for conditional entry;

(d)

a decision of the Statutory Committee to give a direction under paragraph 9(8) that a person may make no further applications under that paragraph in respect of restoration of their name to the register.

(2)

A person in respect of whom an appealable fitness to practise decision has been made may appeal against that decision to the High Court.

(3)

Notice of any appeal under this paragraph must be filed at the High Court and served on the Society, in accordance with rules of court, within 28 days beginning with and including the date on which the written notice of the reasons for the decision was sent, or within such longer period as the High Court may, in accordance with rules of court, allow.

(4)

Having considered the appeal, the High Court may—

(a)

dismiss the appeal;

(b)

allow the appeal, and quash the direction in respect of which the appeal is made;

(c)

substitute for the direction in respect of which the appeal is made any other direction that the Statutory Committee could have given; or

(d)

remit or refer the case to the registrar or the Statutory Committee for disposal of the matter in accordance with the High Court’s directions,

and may make such order as to costs as the High Court thinks fit.

Annotations

Textual amendments

F1: Sch. 3 substituted (1.10.2012) by The Pharmacy (1976 Order) (Amendment) Order (Northern Ireland) 2012 (S.R. 2012/308), arts. 1(1), 11, Sch. 2 (with Sch. 3)