Paragraph 11 The taking effect of directions in respect of 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)

Where an appealable fitness to practise decision is taken in respect of a direction, that direction does not take effect—

(a)

until the period for bringing an appeal in respect of the direction has expired; or

(b)

where an appeal is brought within the period for bringing an appeal, until the date on which the appeal is fully disposed of, is abandoned or fails by reason of its non-prosecution.

(2)

Where, by virtue of sub-paragraph (3) of paragraph 10, the time for bringing an appeal in respect of the direction has been extended by the High Court in accordance with rules of court—

(a)

sub-paragraph (1) applies to the direction as if the references to the period for bringing an appeal were references to that period as so extended; and

(b)

if the High Court allows an appeal to be brought after the expiration of the period for bringing an appeal specified in sub-paragraph (3) of paragraph 10, the direction is deemed not to have taken effect on the expiration of that period.

(3)

Where, within the period for bringing an appeal (which includes that period as extended by virtue of paragraph 10(3)), an appeal is brought against an appealable fitness to practise decision in respect of a direction (“the later direction”) that extends, varies or replaces an earlier direction, the earlier direction continues to have effect until the date on which the appeal is finally disposed of, is abandoned or fails by reason of its non-prosecution.

(4)

Where, as a result of an extension of an earlier direction pursuant to sub-paragraph (3), a later direction takes effect on a date after it was due to take effect, the period for which the later direction was originally expressed to have effect (howsoever expressed) is treated as commencing—

(a)

on the date on which it was originally due to take effect; or

(b)

if this would mean that the later direction would in practice expire before it commences, on the date on which the appeal is finally disposed of, is abandoned or fails by reason of its non-prosecution.

(5)

For the purposes of sub-paragraphs (3) and (4), an appeal is finally disposed of once all rights in relation to the appeal have been exhausted.

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)