The General Pharmaceutical Council (GPhC) – Registration and Appeals

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16
Jun

The General Pharmaceutical Council (GPhC) – Registration and Appeals (Part 3)
By: Anonymous | Published On: 16/06/19 1:30 am

Part 3 - How to appeal

« Read Part 1 (Registration)

« Read Part 2 (Right of appeal)

The process for when and how to appeal the decision is set out in article 40 of the Pharmacy Order 2010 and in the GPhC (Appeal Committee Rules) Order of Council 2010.

The General Pharmaceutical Council’s Appeal Committee can consider appeals of certain types of registration decisions as listed in article 39 of the Order. It cannot consider appeals of decisions which are not listed as appealable decisions.

The Appeals Committee’s proceedings are strictly governed by the General Pharmaceutical Council Appeals Committee Rules.  Appeals must be lodged within 28 days by giving notice of appeal to the Registrar.  Article 40 of the Pharmacy Order 2010 makes provision for extending the appeal period in certain cases where the Registrar is satisfied that “the person did not receive the written statement of the reasons for the decision within 14 days of the statement being sent.”

The decision of the General Pharmaceutical Council will not take effect until either the period for an appeal has expired or, in the case where an appeal has been lodged, until after the outcome of the appeal has been determined.

Having considered the appeal, the Appeals Committee can:

  1. dismiss the appeal;
  2. allow the appeal and quash the decision appealed against;
  3. substitute for the decision appealed against any other decision that the person taking the decision could have taken; or
  4. remit or refer the case to the Registrar for disposal of the matter in accordance with the Appeals Committee’s directions.

It is worth noting that the Appeals Committee can consider costs orders against either party.

 

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