8 Code of Practice Panel – Rulings

8.1 Where the Panel rules that there is a breach of the Code, the complainant and the respondent company must be advised in writing and given the reasons for the decision.

The respondent company has five working days to provide a written undertaking that the activity or use of the material in question and any similar material (if not already discontinued or no longer in use) will cease forthwith and that all possible steps will be taken to avoid a similar breach of the Code in the future. This undertaking must be signed by the managing director or chief executive or equivalent of the company or with their authority and must be accompanied by details of the actions taken by the company to implement the undertaking, including the date on which the material was finally used or appeared and/or the last date on which the activity took place.

In exceptional circumstances, an extension of time to respond may be granted at the discretion of the Chief Executive.

The company must also pay within thirty days an administrative charge based on the number of matters ruled in breach of the Code.

8.2 Where the Panel rules that there is no breach of the Code, the complainant and the respondent company must be advised in writing and given the reasons for the decision. Where the complaint is from a pharmaceutical company, the complainant must pay within thirty days an administrative charge based on the number of matters alleged and ruled not to be in breach of the Code.

When advised of the outcome, the complainant will be sent a copy of the comments and enclosures submitted by the respondent company in relation to the complaint. If the respondent company objects to this because it regards part of the material as being confidential, and the matter cannot be settled by the Chief Executive, then it will be referred to an independent referee.

8.3 The complainant or the respondent company may appeal against a ruling of the Panel to the Appeal Board. Appeals must be accompanied by reasons as to why the Panel’s ruling is not accepted. These reasons will be circulated to the Appeal Board.

Notice of appeal must be given within five working days of notification of the Panel’s ruling and the appeal must be lodged within ten working days of notification of the Panel’s ruling.

In exceptional circumstances, an extension of time to respond may be granted at the discretion of the Chief Executive.

8.4 Where a respondent company lodges an appeal against:

(i) all the rulings of breaches of the Code, no undertaking is required

(ii) some but not all rulings of breaches of the Code, it must provide the undertaking required by Paragraph 8.1 in respect of the ruling(s) which it is not appealing, within five working days of notification of the ruling.

If the Panel considers that the material or activity at issue is likely to prejudice public health and/or patient safety, and/or it represents a serious breach of the Code, the Panel may require the company to suspend the use of the material or activity pending the final outcome of the case. If suspension might be required, the company must be notified when it is advised of the Panel’s ruling of a breach of the Code.

8.5 Where an appeal is lodged by the complainant, the respondent company has five working days to comment on the reasons given by the complainant for the appeal and these comments will be circulated to the Appeal Board and the complainant.

If the respondent company objects to certain of its comments being made available to the complainant on the grounds of confidentiality, and the matter cannot be settled by the Chief Executive, then it will be referred to an independent referee.

The complainant has five working days to comment on the respondent company’s comments upon the reasons given by the complainant for the appeal and these comments will be circulated to the respondent company and the Appeal Board.

8.6 Where an appeal is lodged by the respondent company, the complainant has five working days to comment on the reasons given by the respondent company for the appeal and these comments will be circulated to the respondent company and the Appeal Board.

If the respondent company objects to certain details of its appeal being made available to the complainant on the grounds of confidentiality, and the matter cannot be settled by the Chief Executive, then it will be referred to an independent referee.

Where an appeal is lodged by the respondent company, the complainant will be sent a copy of the initial comments and enclosures submitted by the respondent company in relation to the complaint. If the respondent company objects to this because it regards part of the material as being confidential, and the matter cannot be settled by the Chief Executive, then it will be referred to an independent referee.

8.7 Where the Panel rules no breach of the Code because it considers the complaint is not within the scope of the Code, the complainant and the respondent company must be advised in writing.

When advised of the outcome, the complainant will be sent a copy of the comments and enclosures submitted by the respondent company in relation to the complaint. If the respondent company objects to this because it regards part of the material as being confidential, and the matter cannot be settled by the Chief Executive, then it will be referred to an independent referee.

The complainant may appeal against the Panel’s ruling to an independent referee. An appeal must be accompanied by reasons as to why the Panel’s ruling is not accepted. These reasons will be provided to the referee. The appeal must be lodged within ten working days of notification of the ruling of the Panel.

The respondent company has five working days to comment on the reasons given by the complainant for the appeal and these comments will be provided to the complainant and referee.

If the respondent company objects to certain of its comments being made available to the complainant on the grounds of confidentiality, and the matter cannot be settled by the Chief Executive, then the referee must decide whether they can take those comments into consideration when making their determination.

The complainant has five working days to comment on the respondent company’s comments upon the reasons given by the complainant for the appeal and these comments will be provided to the respondent company and the referee.

In such an appeal, the referee must only consider whether or not the matter of complaint is within the scope of the Code.

If the referee determines that the matter is not within the scope of the Code, the complainant and the respondent company must be advised in writing.

If the referee determines that the matter is within the scope of the Code, the complainant and the respondent company must be advised in writing. The case will be referred back to the Panel to be considered and the procedure in Paragraph 5.13 above will be followed.

No administrative charges apply in relation to proceedings under Paragraph 8.7 and there will be no case report.