3 Code of Practice Appeal Board – Constitution
3.1 The Appeal Board comprises:
• an independent, legally qualified Chair
• three independent registered medical practitioners appointed following a check of the individual’s credentials and history as held on the General Medical Council website – one of the three appointees must have recent experience as a general practitioner and one must have recent experience as a hospital consultant treating patients
• two independent registered pharmacists appointed following a check of the individual’s credentials and history as held on the General Pharmaceutical Council website
• one independent registered senior nurse practitioner (minimum Band 7 or equivalent) appointed following a check of the individual’s credentials and history as held on the Nursing and Midwifery Council website
• one independent member representing the interests of patients
• one independent lay member
• four industry members being registered medical practitioners who are medical directors or senior executives of pharmaceutical companies
• four industry members being directors or senior executives of pharmaceutical companies.
One of the industry members may be retired, provided that the initial appointment is made within one year of the date of retirement.
In the event that a quorum cannot be attained for the consideration of a case because of the number of members with conflicts of interest, or for any other reason, the Chair may co-opt appropriate persons who are former members of the Appeal Board, or who are on a list of persons approved for co-option to the Appeal Board, so as to enable a quorum to be achieved.
The list of persons approved for co-option is drawn up following procedures similar to those for appointing members of the Appeal Board.
No one may be co-opted in relation to any case in which they have acted as an independent referee.
3.2 The Chair of the Appeal Board is appointed for a term of five years which may be renewed once. In exceptional circumstances, the ABPI Board may reappoint the Chair of the Appeal Board for a third term.
Members of the Appeal Board are appointed for a term of three years. Members may be reappointed but may serve for no more than two consecutive terms. In exceptional circumstances, the Chair may nominate a member who has served two terms for reappointment for a third term. A member of the Appeal Board who has served two or, following the Chair’s nomination, three consecutive terms of service is eligible for reappointment after a minimum interval of one year.
3.3 The Appeal Board and its Chair are appointed by the ABPI Board. The Chair and other independent members to the Appeal Board are appointed following consultation with the Medicines and Healthcare products Regulatory Agency.
3.4 Vacancies for independent members of the Appeal Board, including the Chair, are advertised in appropriate journals and/or the national press.
3.5 Industry members of the Appeal Board are proposed by their UK chief executive or equivalent. They are not representatives of their company when performing duties as a member of the Appeal Board.
3.6 The Chief Executive is responsible for providing appropriate administrative support to the Appeal Board, including the provision of case papers.