Search Legislation

The General Pharmaceutical Council (Registration Rules) Order of Council 2010

Status:

This is the original version (as it was originally made).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

Notice of Intention to Remove: stage 1

This section has no associated Explanatory Memorandum

18.—(1) Paragraph (2) applies where the Registrar has reasonable grounds for believing—

(a)that the entry of a registrant (“R”) in Part 1 or, as the case may be, Part 2, 4 or 5 of the Register may have been fraudulently procured or incorrectly made; or

(b)that R’s fitness to practise was impaired at the time when R was entered in the relevant part of the Register and R had not informed the Registrar of the relevant matter before R’s name was entered in that part of the Register.

(2) In the circumstances set out in paragraph (1), the Registrar—

(a)may serve a Notice of Intention to Remove on R which notifies R in writing that the Registrar is considering whether to remove R’s entry from the relevant part of the Register; and

(b)must consider whether or not to refer the matter to the Fitness to Practise Committee under rule 6(7) of the Fitness to Practise Rules.

(3) If the Registrar has reasonable grounds for believing that R’s fitness to practise is impaired, the Registrar may decide to refer the matter to the Fitness to Practise Committee in accordance with rule 6(7) of the Fitness to Practise Rules instead of serving a Notice of Intention to Remove on R.

(4) Before serving a Notice of Intention to Remove on R, the Registrar may make such inquiries, including the instruction of external agents and investigators, and the commissioning of medical reports, as the Registrar considers necessary or expedient.

(5) The Notice of Intention to Remove must—

(a)set out the grounds for believing that—

(i)R’s entry in Part 1 or, as the case may be, Part 2, 4 or 5 of the Register may have been fraudulently procured or incorrectly made, or

(ii)R’s fitness was impaired at the time of R’s entry in the relevant part of the Register and R had not informed the Registrar of the relevant matter before R’s name was entered in that part of the Register;

(b)be accompanied by copies of any evidence that is in a form which can be copied and on which the Registrar would rely in any proceedings under this Part to remove R’s entry from the relevant part of the Register;

(c)invite R to submit written representations and any relevant evidence to the Registrar no later than 28 days after service of the Notice, as to why R’s entry in the relevant part of the Register should not be removed;

(d)inform R that, should R fail to submit written representations to the Registrar within the period stipulated in sub-paragraph (c), R’s entry in the relevant part of Register will be removed; and

(e)except in cases where the Registrar has reasonable grounds for believing that R’s entry in the relevant part of the Register was incorrectly made, invite R to indicate whether or not R wishes the matter to be considered at a hearing.

(6) In this Part, “the relevant matter” means—

(a)any matter referred to in article 51(1)(e) to (n) of the Order which exists in relation to R; or

(b)any adverse report relating to R’s physical or mental health.

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