10.—(1) Subject to the following paragraphs, applicants for entry in Part 1 or, as the case may be, Part 2 of the Register must apply to the Registrar using the relevant application form which must be in such form as the Council may from time to time determine.
(2) The application form must, in particular—
(a)require the applicant to—
(i)provide the applicant’s full name, home address and contact details (including a telephone number and electronic mail address, where possible),
(ii)specify—
(aa)the part of the Register in which entry is sought,
(bb)whether the applicant has previously been entered in the Register, or part of the Register,
(iii)declare that the applicant—
(aa)agrees, upon entry to the Register, to adhere to any standards set by the Council under article 43(1)(b) of the Order relating to the continuing professional development that it is necessary for a registrant to maintain in order to have an entry in Part 1 or, as the case may be, Part 2 of the Register renewed,
(bb)agrees, upon entry in the Register, to adhere to any standards set by the Council under article 48(1)(a) of the Order relating to the conduct, ethics and performance expected of registrants, and
(cc)understands that, in the event that the applicant is found to have given false or misleading information in connection with the application, the applicant’s entry in the Register may be removed from the Register,
(iv)provide the necessary supporting documents referred to in paragraph (3),
(v)sign and date the application, and
(vi)in the case of any person who is appropriately qualified as a pharmacist within the meaning of article 21(1)(a) of the Order or, as the case may be, as a pharmacy technician within the meaning of article 22(1)(a) of the Order, have the form countersigned and dated by another person who is a pharmacist entered in Part 1 of the Register or a pharmacy technician entered in Part 2 of the Register; and
(b)include a demand that the applicant pay the prescribed fees in respect of the application.
(3) An applicant for entry in Part 1 or 2 of the Register must provide to the Registrar, together with the applicant’s application form—
(a)evidence of the applicant’s identity in the form of—
(i)the applicant’s passport (or a true copy of it certified by a notary or solicitor) or another document which is considered acceptable by the Registrar as proof of the applicant’s identity, and
(ii)a photograph which is signed and dated by a legal or health care professional, justice of the peace or person of standing in the community who has known the applicant for at least two years and who certifies that the photograph is a true likeness of the applicant;
(b)where the applicant wishes to use a registered name which is different from the name given on the applicant’s evidence of identity—
(i)the relevant marriage certificate or certificate of civil partnership (or a true copy of it certified by a notary or solicitor),
(ii)the relevant certificate of change of name (or a true copy of it certified by a notary or solicitor), or
(iii)evidence of a change of name in the form of a statutory declaration;
(c)evidence of the applicant’s date of birth in the form of—
(i)the applicant’s passport (or a true copy of it certified by a notary or solicitor) or other document considered acceptable under paragraph (3)(a)(i), and
(ii)either—
(aa)the applicant’s birth certificate (or a true copy of it certified by a notary or solicitor), or
(bb)a statutory declaration;
(d)evidence of the applicant’s nationality in the form of—
(i)the applicant’s passport (or a true copy of it certified by a notary or solicitor), or
(ii)any other documentation that is acceptable to the Registrar;
(e)where the applicant is an exempt person within the meaning of article 3(1) of the Order—
(i)evidence that the applicant is a national of a relevant European State, or
(ii)where the applicant is not a national of a relevant European State, evidence of the Community right by virtue of which the applicant is an exempt person which, in a case where sub-paragraph (f) applies, must be the evidence set out in that sub-paragraph;
(f)if an applicant seeks to rely on rights acquired by virtue of marriage or civil partnership to a national of a relevant European State—
(i)evidence which is sufficient evidence in the opinion of the Registrar of the marriage or civil partnership,
(ii)the passport (or a true copy of it certified by a notary or solicitor) of the spouse or partner who is a national of a relevant European State, and
(iii)an explanation, together with any relevant supporting evidence, as to why the applicant is entitled to be treated as a national of a relevant European State;
(g)evidence that the applicant is appropriately qualified as a pharmacist or a pharmacy technician within the meaning of article 21(1) or, as the case may be, 22(1) of the Order;
(h)if the applicant is an exempt person (“E”) who is applying to be entered in Part 1 of the Register, evidence which is sufficient in the opinion of the Registrar to demonstrate that E—
(i)holds a qualification listed in Annex V, point 5.6.2 of the Directive (evidence of formal qualifications of pharmacists), and
(ii)has successfully completed training as a pharmacist that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of Article 44 of the Directive (training as a pharmacist),
and E must also provide a certificate which must be issued by a competent authority in E’s attesting State and which must certify that the evidence of qualification provided by E is a diploma listed in relation to that State in Annex V, point 5.6.2 of the Directive;
(i)if the applicant is an exempt person (“E”) and is an applicant for the purposes of Chapter 1 of Part 3 of the General Systems Regulations—
(i)evidence which, in the opinion of the Registrar, is sufficient evidence of that qualification,
(ii)information about E’s knowledge, standards of practice and work experience, wherever acquired, which is sufficient in the opinion of the Registrar to determine whether E should be entered in Part 1 or, as the case may be, Part 2 of the Register or be subject to a compensation measure, within the meaning of regulations 23 and 24 of the General Systems Regulations (compensation measures – adaptation periods and aptitude tests), and
(iii)if E is subject to such a compensation measure, evidence of its successful completion;
(j)as regards the good physical and mental health of the applicant—
(i)in a case where the applicant is an exempt person (“E”)—
(aa)a certificate (which, if it is not in English, the Registrar may require to be translated by a professional translator acceptable to the Registrar), issued by the competent authorities in E’s attesting state no more than three months prior to the date on which it is presented to the Registrar, which attests to E’s good physical and mental health, and which is sufficient evidence of E’s good physical and mental health for the purposes of article 23(5) of the Order,
(bb)if no such certificate is required of such a person in E’s attesting State, a certificate (which, if it is not in English, the Registrar may require to be translated by a professional translator acceptable to the Registrar), issued by the competent authorities in E’s attesting State no more than three months prior to the date on which it is presented to the Registrar, which confirms, for the purposes of article 23(6) of the Order, that there is no problem with E’s physical or mental health that would impair E’s fitness to practise as a pharmacist or, as the case may be, a pharmacy technician, or
(ii)in the case of any other applicant (or an applicant who is an exempt person who chooses to attest to their physical and mental health in this way), a self declaration in the form determined by the Council from time to time, of the applicant’s good physical and mental health, which is signed and dated by the applicant; and
(k)as regards the good character or repute of the applicant—
(i)in a case where the applicant is an exempt person (“E”)—
(aa)a certificate (which, if it is not in English, the Registrar may require to be translated by a professional translator acceptable to the Registrar), issued by the competent authorities in E’s attesting State no more than three months prior to the date on which it is presented to the Registrar, which is sufficient evidence of E’s good character or repute for the purposes of article 23(7) of the Order, or
(bb)if no such certificate is issued by a competent authority in E’s attesting State, a certificate (which, if it is not in English, the Registrar may require to be translated by a professional translator acceptable to the Registrar), issued by a competent judicial or administrative authority, notary or qualified professional body in E’s attesting State no more than three months prior to the date on which it is presented to the Registrar, attesting to the authenticity of a declaration on oath or solemn declaration made by E before that authority, notary or body attesting to E’s good character for the purposes of article 23(8) of the Order, and
(ii)whether or not the applicant is an exempt person, a self declaration, in the form determined by the Council from time to time, of the applicant’s good character or repute which states whether any of the matters set out in article 51(1)(e) to (n) of the Order exist in relation to the applicant and which is signed and dated by the applicant.
(4) The applicant must also provide such additional documents, information or evidence as the Registrar may reasonably require for the purposes of verifying the information in, or determining, the application.
(5) The additional matters referred to in paragraph (4) are—
(a)a completed and signed application form and authorisation for the Registrar to obtain a certificate of enhanced disclosure from the Secretary of State or the Scottish Ministers;
(b)where the applicant has previously obtained a certificate of standard or enhanced disclosure from the Secretary of State or, as the case may be, the Scottish Ministers for the purpose of applying to be entered on a list of performers or providers of pharmaceutical services as part of the health service, that certificate (or a true copy of it certified by a notary or solicitor);
(c)where the applicant has been the subject of a determination by a regulatory body that the applicant’s fitness to practise is impaired, or a determination to the same effect, details of any investigations, the proceedings and the outcome;
(d)where the applicant is included in a barred list within the meaning of the Safeguarding Vulnerable Groups Act 2006(1) or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007(2) or is included in the children’s or the adults’ list within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007(3), details of that inclusion;
(e)in the case of an applicant who qualified or has practised as a pharmacist or pharmacy technician outside Great Britain, a certificate of good standing or current professional status issued no more than three months prior to the date of the application—
(i)by the appropriate authority of the country in which the applicant qualified, and
(ii)by the appropriate authority of every country in which the applicant has practised within the five years immediately preceding the date of the application; and
(f)in the case of an applicant who obtained a degree in the United Kingdom, confirmation from the university that awarded the degree that nothing adverse is known about the applicant.
(6) For the purposes of paragraph (5)(e) a certificate of good standing or current professional status is a certificate which contains the following information—
(a)the applicant’s full name, home address and date of birth;
(b)full details of the applicant’s education and qualifications in pharmacy;
(c)full details of the applicant’s entry in a register or part of a register maintained by the relevant competent authority or authorities;
(d)full details of any conditions to which the applicant’s entry in a register or part of a register is subject and of any restrictions on the applicant’s practice;
(e)full details of any fitness to practise matters in relation to the applicant including any warnings or advice given by, or undertakings agreed with, the relevant competent authority or authorities; and
(f)such other relevant information as the Registrar may reasonably request in relation to the applicant in the particular circumstances of the applicant’s case.
(7) Where the applicant is a person who has previously been entered in the Register, or part of the Register, the Registrar may dispense with any of the requirements under this rule for the applicant to provide such documents, information or evidence in support of the application as the Registrar may determine in the circumstances of the applicant’s case.
(8) Before deciding whether or not an applicant’s fitness to practise is impaired for reasons other than adverse physical or mental health, the Registrar may seek the advice of the Fitness to Practise Committee in respect of the application.
(9) In making a decision about the applicant’s good character, the Registrar must have regard, as appropriate, to the criteria specified in rule 5 of the Fitness to Practise Rules.
(10) Before deciding whether or not an applicant’s fitness to practise is impaired because of adverse physical or mental health, the Registrar may seek the advice of the Fitness to Practise Committee.
(11) The Registrar must refuse an application under this rule if the applicant has not paid, or has not made arrangements with the Registrar to pay by direct debit, the prescribed fees in respect of the application.
(12) For the purposes of this rule, “attesting State” means the relevant European State in which a person applying for entry in Part 1 or Part 2 of the Register obtained their qualification as a pharmacist or, as the case may be, a pharmacy technician and, if different, the relevant European State from which that person comes to Great Britain.