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

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Decisions in contested cases: stage 3

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20.—(1) The Registrar must determine the matter if R does not request a hearing or is not entitled to one—

(a)after the period stipulated in rule 19(5); or

(b)if no such period need be stipulated, once the Registrar has taken a decision to that effect.

(2) Where R has requested a hearing (as a response to the invitation in the Notice of Intention to Remove or the notification under rule 19(5))—

(a)the Registrar must refer the matter to the Fitness to Practise Committee, which must hold a hearing in accordance with rule 33 of the Fitness to Practise Rules, for the purposes of making findings of fact in relation to the matter and advising the Registrar accordingly; and

(b)once the Registrar has received the advice of the Fitness to Practise Committee, the Registrar must determine the matter.

(3) Where the Registrar determines that—

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

(b)R’s fitness to practise was impaired at the time R’s name 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,

the Registrar must remove R’s entry from the relevant part of the Register, in accordance with article 29(3) or 30(1) of the Order, whichever is appropriate in R’s case.

(4) Where the Registrar determines that—

(a)R’s entry in the relevant part of the Register was not fraudulently procured or incorrectly made; or

(b)R’s fitness to practise was not impaired at the time R’s name was entered in the relevant part of the Register, or that it was so impaired but that R had informed the Registrar of the relevant matter before R’s name was entered in that part of the Register,

the Registrar must close the matter and notify R accordingly.

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