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18.—(1) In this Part—
“appellant” means a person appealing against an appealable registration decision;
“case officer” means the person representing the Society in matters relating to the appeal prior to any hearing;
“chair” means the chair of the Committee;
“Committee” means the Registration Appeals Committee;
“Notice of Appeal” means a notice of an appeal against an appealable registration decision under article 43(1) of the Order;
“Notice of Hearing” shall be construed in accordance with rules 21(f) and 22;
“parties” means the Society and the appellant (or, where appropriate, their representatives);
“the presenter” means the representative of the Society presenting the case at a hearing (and includes employees of the Society); and
“secretary” means the secretary to the Committee.
(2) For the purposes of this Part—
(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 representing a party (where present),
(ii) the person acting as secretary to the Committee,
(iii) any witness giving evidence,
(iv) any 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 to the Committee,
(ii) any clinical or specialist adviser, or
(iii) any person responsible for the recording of the proceedings,
but otherwise excluding everyone else.
19. The procedures as regards proceedings set out in this Part shall apply to all proceedings of the Committee irrespective of where in Great Britain the proceedings take place.
20.—(1) Subject to paragraph (3), a Notice of Appeal shall only be valid if it is in the format described in paragraph (2)(8).
(2) The Notice of Appeal shall—
(a) state that it is a Notice of Appeal;
(b) provide the full name and address of the appellant;
(c) provide a daytime telephone number at which the appellant can be contacted;
(d) state the appellant’s registration number (where applicable);
(e) state whether the appellant is to be represented in the course of the proceedings, and if so, providing contact details for the representative;
(f) state the date of the decision being appealed against;
(g) contain a copy of the decision being appealed against;
(h) set out the grounds on which the appeal is being brought;
(i) be accompanied by copies of the material—
(i) submitted by the appellant (as an applicant) to the Registrar or the body that made the appealable registration decision prior to the appealable registration decision being taken, or
(ii) not so submitted, but on which the appellant intends to rely in the course of the appeal proceedings;
(j) be accompanied by a skeleton argument containing the submissions of the appellant;
(k) state whether the appellant wishes the appeal to be considered on the papers or at a hearing; and
(l) in a case where the appellant wishes a hearing to be held, state whether he wishes for a case management meeting, and if so, the issues he wishes to be considered at that meeting.
(3) At a case management meeting, the chair may—
(a) extend the time for delivery of the skeleton argument and any additional material necessary to determine the appeal; and
(b) allow the appellant to amend the details regarding representation.
21. Following receipt of the Notice of Appeal, the secretary shall—
(a) acknowledge receipt of the Notice of Appeal and the accompanying material submitted by the appellant;
(b) send copies of the Notice of Appeal and the accompanying material to a case officer;
(c) require the case officer to provide him with copies of all documents on which the Society intends to rely in defending the appeal;
(d) send copies of any documents provided by the case officer under paragraph (c) to the appellant or (where applicable) his representative;
(e) as soon as possible, inform the parties of the date—
(i) of any case management meeting (if the chair agrees to hold one), and
(ii) on which the Committee will consider the appeal (which, in the case of a hearing, unless the parties agree otherwise, shall be no less than 28 days after the date on which the secretary serves the Notice of Hearing); and
(f) where the appellant has stated that he wishes the Committee to consider the appeal at a hearing, send a Notice of Hearing to the parties, which shall be in the format described in rule 22.
22. The Notice of Hearing shall—
(a) state the date, time and venue of the hearing;
(b) inform the appellant of his right to attend and to be represented or accompanied at the hearing in accordance with rule 29(2) and (3);
(c) inform the appellant that the Committee may proceed with the hearing in his absence;
(d) inform the appellant of the provisions relating to—
(i) evidence set out in rule 24,
(ii) procedure at hearings set out in rule 28, and
(iii) witness evidence set out in rule 30;
(e) require the appellant to inform the secretary, within 14 days of service of the Notice of Hearing, whether he intends to—
(i) attend the hearing,
(ii) be represented at the hearing, and if so, by whom, and
(iii) seek to call any witnesses at the hearing, and if so, whom.
23.—(1) Where a hearing is to be held, a case management meeting may be convened by the chair of his own motion or at the request of the parties.
(2) Where a case management meeting is to be convened, the secretary shall give the parties such notice of it as is reasonable (in the opinion of the chair) in all the circumstances of the case.
(3) A case management meeting may be conducted by teleconference or such other method as is determined by the chair, in consultation with the parties.
(4) Case management meetings shall be held in private.
(5) At a case management meeting, the chair (in addition to the matters mentioned in rule 20(3)) may—
(a) issue such directions as he considers necessary for the just and expeditious management of the case; and
(b) give preliminary rulings on questions of law and admissibility of evidence.
24.—(1) All questions of admissibility of evidence and law before the Committee shall be decided by the chair.
(2) Subject only to the requirements of relevance and fairness, and with the permission of the chair, the Committee may receive—
(a) subject to paragraph (3), any documentary evidence; and
(b) where a hearing is held, any oral evidence,
whether or not such evidence would be admissible in any subsequent civil proceedings if the decision of the Committee were appealed to the relevant court.
(3) Where a party wishes to adduce a witness statement, the Committee shall only receive such evidence if the statement—
(a) contains an attestation, in a format acceptable to the Committee, that the statement is true; and
(b) is signed by the person making it.
(4) Where an appellant has been convicted of a criminal offence in the British Islands (and has not successfully appealed against the conviction), a copy of the certificate of conviction certified by a competent officer of the court (or in Scotland, an extract conviction) shall be admissible as conclusive proof of that conviction and the findings of fact on which it was based.
(5) The only evidence which may be adduced by the appellant in rebuttal of a conviction certified or extracted in accordance with paragraph (4) is evidence for the purpose of proving that he is not the person referred to in the certificate or extract.
(6) A formal notification of a determination about an appellant’s fitness to practise made by a body responsible under any enactment for the regulation of a health or social care profession (in the United Kingdom or elsewhere), and signed by an officer authorised by that body to sign such a notification, shall be sufficient evidence, unless the contrary is proved, of any facts found proved by that regulatory body.
(7) The chair shall only allow a party to adduce written evidence at a hearing which has not been submitted in accordance with this Part in exceptional circumstances which could not reasonably have been foreseen at the time of the service of the Notice of Appeal or of any case management meeting.
25. The Committee may, at any time in the course of proceedings before it (including at a hearing), seek advice from—
(a) a clinical adviser, appointed under article 62(1)(a) of the Order, on a health related issue; or
(b) another specialist adviser, appointed under article 62(1)(b) of the Order, on issues falling within their speciality or related to it.
26.—(1) The appellant shall bear the burden of establishing that the appealable registration decision against which he is appealing should be overturned.
(2) If the appeal is against a decision to refuse to register the appellant, the Committee shall only decide to register, or direct the Registrar to register, the appellant if the appellant has proved that he is entitled to be registered.
(3) Where facts are in dispute, the Committee shall consider whether they have been established in accordance with the civil standard of proof.
27.—(1) The Committee shall determine an appeal on the papers unless the appellant has requested a hearing on the Notice of Appeal.
(2) No later than 7 days before the hearing, the secretary shall provide the Committee with an agenda and the documents relevant to the consideration of the appeal.
(3) Before making its decision, in addition to considering the material submitted by the parties, the Committee may obtain advice from a clinical or other specialist adviser appointed in accordance with article 62(1) of the Order.
(4) The secretary shall record—
(a) any advice tendered by a clinical or specialist adviser (where present);
(b) any rulings on questions of law or admissibility made by the chair;
(c) the decision of the Committee; and
(d) the reasons for the Committee’s decision.
28.—(1) No later than 7 days before the hearing, the secretary shall provide the Committee with an agenda and the documents relevant to the consideration of the appeal.
(2) The order of proceedings at the hearing shall be as follows—
(a) the chair shall declare the hearing open;
(b) where the appellant is not present or represented at the hearing, the chair—
(i) shall 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—
(aa) if he is satisfied that the Notice of Hearing has been duly served, proceed with the hearing in the absence of the appellant, or
(bb) adjourn the hearing and issue appropriate directions;
(c) the presenter shall make an opening statement, outlining what he considers to be the relevant circumstances of the case;
(d) the appellant may adduce evidence in support of his appeal, and may call witnesses (provided that the chair is satisfied that the witness is in a position to provide relevant testimony and subject to paragraph (4));
(e) the presenter may adduce evidence in rebuttal of the position of the appellant and in support of the position of the Society, and may call witnesses (provided that the chair is satisfied that the witness is in a position to provide relevant testimony and subject to paragraph (4));
(f) the appellant may make a closing statement;
(g) the Committee shall deliberate in private and shall then announce its decision on the appeal in the presence of the parties (where present), together with the reasons for its decision.
(3) The conduct of the hearing shall otherwise be at the discretion of the chair, who may (amongst other matters) invite the parties to make additional submissions to those outlined in paragraph (2).
(4) The chair may refuse to allow a witness to give oral evidence, or to give evidence on a particular matter, if he 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.
29.—(1) The presenter shall be a person who is—
(a) a barrister, advocate or solicitor who satisfies the requirements of article 59(2)(c)(i) or (ii) of the Order; or
(b) an employee of the Society,
or both.
(2) The appellant may be represented by a person who is—
(a) a barrister, advocate or solicitor who satisfies the requirements of article 59(2)(c)(i) or (ii) of the Order; or
(b) a representative from his or its defence organisation or his trade union,
or both.
(3) Where the appellant is not represented, he may be accompanied and advised by a supporter, but the supporter—
(a) shall not be—
(i) a member of the Council of the Society or of one of its statutory committees,
(ii) an employee of the Society, or
(iii) a witness at the hearing; and
(b) shall only be entitled to address the Committee with the permission of the chair.
30.—(1) Persons giving oral evidence at a hearing (referred to in these Rules as “witnesses”, and which includes an appellant giving oral evidence) shall be required to take an oath, or to affirm, before giving their oral evidence.
(2) The Society may not compel the appellant to be a witness.
(3) A party may not call a person to be a witness unless that party has provided to the other party a written statement of evidence provided by the witness at least 7 days before the hearing (which meets the requirements of rule 24), unless the chair determines otherwise.
(4) The Committee may, upon the application of the party calling the witness, direct that any details which may identify that witness should not be revealed in public.
(5) Witnesses—
(a) shall first be examined by the party calling them;
(b) may be cross examined;
(c) may then be re-examined by the party calling them;
(d) may then be questioned by the Committee through the chair, and with the leave of the chair, by a clinical or specialist adviser.
(6) The parties may then question the witnesses on matters arising out of the Committee’s questions, with the party calling the witness being given the last opportunity to do so (as between the parties).
(7) Any further questioning of witnesses shall be at the discretion of the chair.
(8) Except for expert witnesses and the appellant, witnesses shall not be allowed to attend the proceedings until after they have completed giving their evidence and been formally released by the chair.
31.—(1) Subject to paragraph (2), hearings before the Committee shall be conducted in public.
(2) Where an issue under consideration relates to the health of the appellant or a third party, the hearing, or the relevant part of the hearing, that relates to that issue shall be conducted in private if the Committee is satisfied—
(a) having given the parties (where present), and any third party from whom the Committee considers it appropriate to hear, an opportunity to make representations; and
(b) having obtained the advice of a clinical adviser,
that the interest of the appellant or the third party in maintaining their privacy as regards that issue outweigh the public interest in holding the hearing, or the relevant part of the hearing, in public.
(3) The Committee may exclude from the whole or any part of a hearing any person whose conduct, in the opinion of the Committee, has disrupted or is likely to disrupt the hearing.
32.—(1) The chair may, of his own motion, or upon the application of a party, postpone any hearing of which notice has been given under these Rules before the hearing begins.
(2) The Committee may, of its own motion or upon the application of a party, adjourn the proceedings at any stage, provided that—
(a) no injustice is caused to the parties; and
(b) the decision to adjourn is made after hearing representations from the parties (where present).
(3) In considering whether or not to grant a request for postponement or adjournment, the chair or Committee shall, amongst other matters, have regard to—
(a) the public interest in the expeditious disposal of the case;
(b) the potential inconvenience caused to a party or any witnesses to be called by that party;
(c) the conduct of the party seeking the postponement or adjournment; and
(d) fairness to the appellant.
(4) Where the proceedings have been postponed or adjourned, the secretary shall, as soon as practicable, notify the parties of the date, time and venue of the postponed or resumed hearing.
33.—(1) The written notice under article 43(5), shall 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.
(2) The written notice given to the appellant shall be accompanied by a record of—
(a) any advice relating to the case tendered by a clinical or specialist adviser;
(b) any rulings on questions of law or admissibility of evidence made by the chair.
34.—(1) Where a hearing is to be held, the parties shall serve on each other, 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.
(2) 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.
(3) After hearing any representations from the parties, the Committee may, if it thinks fit and having regard to the party’s ability 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.
(4) 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.
(5) Where a person is appointed by the secretary in accordance with paragraph (4)(b), if one of the parties has provided an estimate of costs or expenses that is above the final figure arrived at by the person appointed, that party shall pay the costs of the taxation.
35.—(1) Subject to paragraph (3), the Society shall arrange for all hearings to be recorded in writing or electronic form.
(2) Any party to the proceedings shall, on application to the Society and on payment of any fee determined by the Society under article 63(1) of the Order, be furnished with a transcript of the record of any part of the hearing at which he was entitled to be present.
(3) The private deliberations of the Committee shall not be recorded.
Given under the official seal of the Royal Pharmaceutical Society of Great Britain this 15th day of February 2007
Hemant Patel
President
Ann Lewis
Secretary
A template is available on the Society’s website. Back [8]
The Royal Pharmaceutical Society of Great Britain (Registration Rules) Order of Council 2007