4 Code of Practice Appeal Board – Procedure

4.1 The Appeal Board meets as business requires to consider appeals under the Code and any other matter which relates to the Code. The Appeal Board receives reports on complaints which have been submitted under the Code and details of the action taken on them.

4.2 The Chair and seven members of the Appeal Board constitute a quorum. Four of those present, in addition to the Chair, must be independent members, at least one of whom must be a registered medical practitioner. There must also be three industry members present, at least one of whom must be a registered medical practitioner.

For the consideration of any particular case, or a report under Paragraph 13, independent members, including the Chair, must be in a majority.

4.3 Members of the Authority may be present during Appeal Board meetings only at the invitation of the Chair.

For the Appeal Board’s consideration of an appeal or a report under Paragraph 13, members of the Authority may be present only at the invitation of the Chair and with the agreement of the party or parties involved in the appeal or report in question. The purpose of attendance is to understand as observers the work of the Appeal Board. A member of the Authority may provide clarification to the Chair of the Appeal Board during an Appeal Board meeting on a procedural matter relating to an appeal or report. Where they do, such assistance will be minuted.

On occasion, the Chair may invite others, such as the President of the ABPI, to attend an Appeal Board meeting as a guest. For the Appeal Board’s consideration of an appeal or a report under Paragraph 13, that guest may be present only with the agreement of the party or parties involved in the appeal or report in question. The purpose of attendance is to understand as an observer the work of the Appeal Board.

4.4 Appeal Board meetings may be recorded and kept in accordance with the PMCPA’s Privacy Policy for Complaints, published on the PMCPA website.

4.5 Records of decisions at prior Appeal Board meetings may be shared with Appeal Board members at the Chair’s discretion.

4.6 Decisions are made by majority voting. The Chair has both an original and a casting vote.

4.7 Rulings are made on the basis that a complainant has the burden of proving their complaint on the balance of probabilities.

4.8 If a member of the Appeal Board is involved in a case either as complainant or respondent, that member will not receive copies of the papers circulated in connection with the case or be present while the Appeal Board considers the case.

The complainant and the respondent will be told the membership of the Appeal Board, including potential co-optees, before the Appeal Board meeting, and asked if they have any objections to particular members and the grounds for such objections. The Chair will determine whether objections are valid.

Any member in respect of whom there are valid objections must withdraw from the Appeal Board while it considers the case.

Members of the Appeal Board must declare any other interest in a case prior to its consideration. Having consulted the representatives of the parties (if present), the Chair will determine whether it is appropriate for a particular member to remain for the consideration of the case.

4.9 The Chair may obtain expert assistance in any field. Expert advisors may be invited to attend a meeting of the Appeal Board but have no voting rights and are subject to the same conflicts of interest provisions as the members of the Appeal Board.

4.10 When either party appeals the Panel’s ruling, relevant material previously submitted to the Panel is provided to the Appeal Board. All additional material which the complainant and the respondent company want the Appeal Board to consider must be submitted in writing with their written submissions. The parties can introduce new reasons at appeal stage in their written submissions but may not introduce new or different allegations that did not form part of the complaint. No new material may be introduced during the Appeal Board hearing.

4.11 When an appeal is considered by the Appeal Board, both the complainant and the respondent company are entitled to appear or be represented.

A company may not be represented before the Appeal Board by a representative who is also a member of the Appeal Board except with the consent of the Chair. Such consent may be given only if the Chair is satisfied that no other person within the company can properly represent it in the case in question.

The appellant or their representative may make a presentation to the Appeal Board and may be questioned by the Appeal Board. The other party or their representative may then make a presentation to the Appeal Board and may be questioned by the Appeal Board.

4.12 Where an appeal is brought which is concerned with an issue of fact which cannot be properly resolved without the oral evidence of the persons directly involved, the Chair may invite such persons to attend and give evidence.