Pharmacy Act 2007

42.

Hearings: procedure.

42.— (1) A hearing before the professional conduct committee shall be held in public.

(2) But it shall be held in private if—

(a) the registered pharmacist or pharmacy owner or the complainant so requests, and

(b) the committee is satisfied that it would be appropriate to agree to that request.

(3) A hearing before the health committee shall be held in private.

(4) But it shall be held in public if—

(a) the registered pharmacist or pharmacy owner or the complainant so requests, and

(b) the committee is satisfied that it would be appropriate to agree to that request.

(5) At a hearing before a committee of inquiry—

(a) any person, with leave of the committee, may lead the evidence in support of the complaint,

(b) the testimony of witnesses shall be given on oath or affirmation, and

(c) there shall be a full right to cross-examine witnesses and call evidence in defence and reply.

(6) Any member of a committee of inquiry may administer oaths.

(7) A committee of inquiry may transfer a complaint to the other committee of inquiry before or after hearing any evidence relating to the complaint, but only if both committees are satisfied that—

(a) the nature of the complaint makes it appropriate to do so, and

(b) the registered pharmacist or pharmacy owner will not be prejudiced.

(8) A committee of inquiry to which a complaint is so transferred—

(a) may receive in evidence a transcript of evidence taken before the other committee of inquiry and draw conclusions of fact from the evidence,

(b) if it considers it necessary in the interests of fairness to rehear any evidence taken before the other committee of inquiry, shall do so.