Registration Appeals

15.1) There is hereby established for the purpose of hearing appeals from the Council a Registration Appeal Tribunal (in this Act referred to as “the Tribunal”). 

15.2) All appeals, regarding pharmacy-related registration, are heard by a Registration Appeal Tribunal. The Tribunal is a body comprising three persons; a Chairman and two members, all of whom are appointed by the Minister of Health and Wellness. Their initial tenure is for two years with reappointment being at the discretion of the Minister. The Minister may at any time revoke the appointment of the Tribunal if he thinks it expedient to do so. 

15.3) The provisions of the Second Schedule shall have effect as to the constitution of the Tribunal and otherwise in relation thereto. 

16.1) Any person aggrieved by: 

(a) the refusal of the Council to register him as a Pharmacist, a pharmaceutical student or as the owner of the business carried on in a pharmacy, or to register as a pharmacy any shop owned by him; or 

(b) the decision of the Council to censure him or suspend his registration as a pharmacist or pharmaceutical student or to cause his name or pharmacy to be removed from any of the registers mentioned in subsection (1) of section 9, may appeal to the Tribunal against such refusal or decision within such time and in such manner as may be prescribed. 

16.2) The Tribunal may: 

(a) at the hearing of an appeal against the refusal of registration, dismiss the appeal or allow the appeal and direct the Council to cause the registration to be effected; 

(b) at the hearing of an appeal other than an appeal against the refusal of registration: 

(i) dismiss the appeal and confirm the decision of the Council; or 

(ii) allow the appeal and set aside the decision of the Council; or 

(iii) allow the appeal and direct that the disciplinary proceedings, if any, in respect of which the decision of the Council was made, be reconducted by the Council; 

(c) at the hearing of an appeal against a decision to inflict any punishment mentioned in paragraph (b) or (c) of subsection (1) of section 14, vary the decision by substituting for that punishment such other less severe punishment mentioned in that subsection as the Tribunal may think proper.