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.