14 Code of Practice Appeal Board – Reports to the ABPI Board

14.1 The Appeal Board may report a company to the ABPI Board with a recommendation that the ABPI Board either suspend or expel where the Appeal Board considers that the conduct of a company in relation to the Code or a particular case before it warrants such action. Such a report may be made notwithstanding the fact that the company has provided an undertaking.

14.2 Where such a report is made to the ABPI Board, the ABPI Board may suspend or expel the company from the ABPI.

In the case of a company not in membership of the ABPI, the ABPI Board may remove the company from the list of non-member companies which have agreed to comply with the Code and advise the Medicines and Healthcare products Regulatory Agency that responsibility for that company under the Code can no longer be accepted.

To assist it in deciding whether or not to suspend or expel a company or, in the case of a company not in membership of the ABPI, to remove the company from the list of non-member companies which have agreed to comply with the Code, the ABPI Board may require an audit of the company’s procedures in relation to the Code to be carried out by the Authority.

The ABPI Board must ratify any recommendation made by the Appeal Board unless there was an error made by the Appeal Board in formulating its recommendation, or the recommendation is manifestly disproportionate. The ABPI Board should share with the Appeal Board minutes of actions taken by the ABPI Board.

14.3 If a member of the ABPI Board is concerned in a case which has led to the report, as either complainant or respondent, that member will not receive a copy of the report and is required to withdraw from the ABPI Board during its consideration.

The company concerned will be told in advance of the membership of the ABPI Board and asked if it has any objections to particular members and the grounds for such objections. Any member in respect of whom there are valid objections must withdraw from the ABPI Board during consideration of the report. The President (or Chair of the ABPI Board in the absence of the President) determines whether objections are valid.

Members of the ABPI Board must declare any other interest in a report prior to its consideration. Having consulted the company representative(s) (if present), the President (or Chair of the ABPI Board in the absence of the President) will determine whether it is appropriate for a particular member to remain for the consideration of the report.

14.4 Where a report is made to the ABPI Board under Paragraph 14.1, the company concerned must be provided with a copy of the report prior to its consideration and is entitled to have a representative or representatives appear before the ABPI Board to state the company’s case.