3 Code of Practice Appeal Board – Constitution

3.1 Vacancies for independent members of the Appeal Board, including the Chair, are advertised in appropriate journals and/or the national press.

The Appeal Board and its Chair are appointed by the ABPI Board. The appointment of independent members to the Appeal Board, including the Chair is made following consultation with the Medicines and Healthcare products Regulatory Agency.

3.2 The Appeal Board comprises:

• an independent, legally qualified Chair
• three independent registered medical practitioners appointed following consultation with the British Medical Association, one with recent experience as a general practitioner and one with recent experience as a hospital consultant treating patients
• one independent registered pharmacist appointed following consultation with the Royal Pharmaceutical Society
• one independent registered nurse prescriber appointed following consultation with the Royal College of Nursing
• one independent member representative of the interests of patients
• one member from an independent body involved in providing information on medicines
• one independent lay member
• four registered medical practitioners who are medical directors or senior executives of pharmaceutical companies
• four directors or senior executives of pharmaceutical companies.

One of the members from pharmaceutical companies may be retired, provided that the initial appointment is made within one year of the date of retirement.

3.3 The Chair of the Appeal Board is appointed for a term of five years which may be renewed.

Members of the Appeal Board are each 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.

3.4 The Director is responsible for providing appropriate administrative support to the Appeal Board including the provision of case papers.

The Director, Deputy Director, and two Managers of the Authority may be present as observers at a meeting of the Appeal Board during the consideration of an appeal or a report under Paragraph 11 below only at the invitation of the Chair and with the agreement of the party or parties involved in the appeal or report in question.