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

Notice of Intention to Remove: stage 1

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.