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Hearings: procedure.
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42.— (1) A hearing before the professional conduct committee shall be held in public.
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(2) But it shall be held in private if—
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(a) the registered pharmacist or pharmacy owner or the complainant so requests, and
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(b) the committee is satisfied that it would be appropriate to agree to that request.
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(3) A hearing before the health committee shall be held in private.
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(4) But it shall be held in public if—
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(a) the registered pharmacist or pharmacy owner or the complainant so requests, and
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(b) the committee is satisfied that it would be appropriate to agree to that request.
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(5) At a hearing before a committee of inquiry—
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(a) any person, with leave of the committee, may lead the evidence in support of the complaint,
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(b) the testimony of witnesses shall be given on oath or affirmation, and
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(c) there shall be a full right to cross-examine witnesses and call evidence in defence and reply.
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(6) Any member of a committee of inquiry may administer oaths.
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(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—
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(a) the nature of the complaint makes it appropriate to do so, and
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(b) the registered pharmacist or pharmacy owner will not be prejudiced.
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(8) A committee of inquiry to which a complaint is so transferred—
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(a) may receive in evidence a transcript of evidence taken before the other committee of inquiry and draw conclusions of fact from the evidence,
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(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.
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