7 Code of Practice Panel - Rulings

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

If the material or activity at issue is considered by the Panel to be likely to prejudice public health and/or patient safety, and/or it represents a serious breach of the Code, the Panel must decide whether, if there is subsequently an appeal by the respondent company, it would be required to suspend the use of the material or activity pending the final outcome of the case. If suspension would be required, the company must be so notified when it is advised of the Panel’s ruling of a breach of the Code.

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 his/her 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 in the time allowed in which to respond may be granted at the discretion of the Director in accordance with Paragraph 14 below.

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

7.2 Where the Panel rules that there is no breach of the Code, the complainant and the respondent company are so advised in writing and are given the reasons for the decision. Where the complaint is from a pharmaceutical company, the complainant must pay within twenty working 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 Director, then it will be referred to an independent referee identified by the Director and the Chair of the Appeal Board, for example a former independent member of the Appeal Board, for his/her determination which is final.

7.3 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 days of notification of the Panel’s ruling.

If the Panel has so required in accordance with Paragraph 7.1 above, where the respondent company gives notice of appeal it must, within five working days of notification of the Panel’s ruling, suspend the use of the promotional material or activity at issue, pending the final outcome of the case, and must notify the Authority that such action has been taken.

If the respondent company accepts one or more of the Panel’s rulings of breaches of the Code, but appeals one or more other such rulings, then within five working days of notification of the Panel’s rulings it must provide the undertaking required by Paragraph 7.1 above in respect of the ruling or rulings which it is not appealing.

In exceptional circumstances, an extension in the time allowed in which to respond may be granted at the discretion of the Director in accordance with Paragraph 14 below.

7.4 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.

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.

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 the appeal, with the respondent company’s comments on the reasons given by the complainant for the appeal or with the complainant’s comments on the respondent company’s comments on the reasons given by the complainant for the appeal. No new material may be introduced when the appeal is heard by the Appeal Board.

In the event that 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 Director, then it will be referred to an independent referee identified by the Director and the Chair of the Appeal Board, for example a former independent member of the Appeal Board, who will determine whether those particular comments can be included in the evidence which goes before the Appeal Board. The referee’s decision is final.

7.5 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.

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 the appeal or with the complainant’s comments on the reasons given by the respondent company for the appeal. No new material may be introduced when the appeal is heard by the Appeal Board.

In the event that 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 Director, then it will be referred to an independent referee identified by the Director and the Chair of the Appeal Board, for example a former independent member of the Appeal Board, who will determine whether those particular details can be included in the evidence which goes before the Appeal Board. The referee’s decision is final.

Where an appeal is lodged by the respondent company, the complainant is 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 Director, then it will be referred to an independent referee identified by the Director and the Chair of the Appeal Board, for example a former independent member of the Appeal Board, for his/her determination which is final.

7.6 Where the Panel rules no breach of the Code because it considers the matter of complaint is not within the scope of the Code the complainant and the respondent company are so 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 Director, then it will be referred to an independent referee identified by the Director and the Chair of the Appeal Board, for example a former independent member of the Appeal Board, for his/her determination which is final.

The complainant may appeal against the Panel’s ruling to an independent referee identified by the Director and the Chair of the Appeal Board, for example a former independent member of the Appeal Board, for his/her determination which is final. 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 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 provided to the respondent company and the referee.

In the event that 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 Director, then the referee must decide whether he can take those comments into consideration when making his/her determination.

In such an appeal, the referee must consider no more than 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 are so advised in writing.

If the referee determines that the matter is within the scope of the Code the complainant and the respondent company are so advised in writing. The case is referred back to the Panel for it to be considered on its merits and the procedure in Paragraph 5.5 above will be followed.

No administrative charges apply in relation to proceedings under Paragraph 7.6 and there will be no case reports.