Search Legislation

The General Pharmaceutical Council (Fitness to Practise and Disqualification etc. Rules) Order of Council 2010

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Reconsideration of allegations

This section has no associated Explanatory Memorandum

12.—(1) Where—

(a)the Investigating Committee has considered a fitness to practise or a disqualification allegation and decided not to refer it to the Committee; and

(b)within five years from the date of service of the notice given under rule 11, the Council receives a new allegation about the person concerned,

the Investigating Committee may take the action specified in paragraph (2).

(2) The Investigating Committee may—

(a)when considering whether or not to refer the new allegation to the Committee, have regard to the original allegation; and

(b)may refer both the original allegation and the new allegation to the Committee.

(3) Where the Investigating Committee has disposed of a fitness to practise or disqualification allegation, and within five years of that decision receives new evidence or information which makes the reconsideration of that decision—

(a)necessary for the protection of the public;

(b)necessary for the prevention of injustice to the person concerned; or

(c)otherwise necessary in the public interest,

it may reconsider the allegation.

(4) The Investigating Committee may reconsider an allegation where it receives information that the Council has erred in its administrative handling of the case and it is satisfied that it is necessary in the public interest to do so.

(5) Where the Investigating Committee has decided to reconsider a fitness to practise or disqualification allegation, the secretary to the Investigating Committee must—

(a)inform the person concerned and the informant, if any, of the decision to reconsider the allegation;

(b)inform the person concerned and, where appropriate, the informant, if any, of any new evidence or information;

(c)provide the person concerned and, where appropriate, the informant, if any, with copies of any new evidence and summaries of any new information received;

(d)seek written representations from the person concerned and the informant, if any, on—

(i)the decision to reconsider the allegation, and

(ii)any new evidence or information received (unless, in the case of the informant, if any, this has not been sent to the informant).

(6) Following reconsideration of the original allegation, the original decision not to refer the allegation to the Committee may be rescinded in appropriate circumstances.

(7) Following reconsideration of the allegation, a new notice must be sent as provided for in rule 11.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources