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

Restoration of an entry of premises in the Register: change of ownership

29.—(1) Subject to the following paragraphs, applicants for the restoration of an entry of premises entered in Part 3 of the Register to that part of the Register may, where the entry has been removed from the Register under section 74H of the Act (change of ownership of retail pharmacy business: Great Britain), apply to the Registrar to have the entry restored to Part 3 of the Register using the relevant application form which must be in such form as the Council may from time to time determine.

(2) Applications under this rule must be made to the Registrar by the person who is to be a person carrying on a retail pharmacy business at the premises before the end of the period of twelve months beginning with the date on which the entry was removed from Part 3 of the Register.

(3) The application form must, in particular—

(a) require the applicant to specify—

(i) the applicant’s name, address and contact details (including a telephone number and electronic mail address, where possible),

(ii) the full postal address of the premises at which the retail pharmacy business is to be carried on,

(iii) the number of the entry of the premises entered in the Register to which the application relates,

(iv) the name under which the retail pharmacy business carried on at the premises is to trade,

(v) the intended date of commencement of the retail pharmacy business to be carried on at the premises,

(vi) where the applicant is a partner in a partnership, the names of all the partners in the partnership,

(vii) where the applicant is a body corporate—

(aa) the names of all of the directors of the body corporate, and

(bb) the name of the superintendent pharmacist, and

(viii) where the retail pharmacy business is to be carried on at the premises by a representative, the name of the responsible pharmacist;

(b) include a demand that the applicant pay the prescribed fee in respect of the application;

(c) require the applicant to provide—

(i) a description of the premises to which the application relates,

(ii) details of any conditions to which the entry of the premises in Part 3 of the Register was subject immediately prior to its removal from that part of the Register,

(iii) details of any improvement notices to which the person carrying on a retail pharmacy business at the premises was subject immediately prior to the removal of the entry of the premises from Part 3 of the Register,

(iv) details of the type of activities to be undertaken at the premises,

(v) a plan, drawn to scale, of the internal layout of the premises showing the areas in which medicinal products are intended to be sold or supplied, assembled, prepared, dispensed or stored, and

(vi) a declaration—

(aa) confirming that the standards set by the Council in rules under article 7(1) of the Order that are to be met in connection with the carrying on of a retail pharmacy business at a registered pharmacy are met in connection with the retail pharmacy business to be carried on at the premises, and

(bb) providing details of any relevant offence or relevant investigation within the meaning of article 7(6)(a) and (b) of the Order; and

(d) require the applicant to sign and date the application.

(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) For the purposes of paragraph (3)(a)(i), the address of the applicant is—

(a) where the retail pharmacy business is to be carried on at the premises by an individual, that individual’s home address in the Register;

(b) where the retail pharmacy business is to be carried on at the premises by a partnership, the address of the principal office of that partnership; or

(c) where the retail pharmacy business is to be carried on at the premises by a body corporate, the address of the registered or principal office of that body corporate.

(6) The Registrar may treat an application for restoration made under this rule as an application for the renewal of an entry of premises entered in Part 3 of the Register made under rule 24 as well as an application for restoration made under this rule if there is insufficient time available for the Registrar to process the application for restoration before the date on which the entry, if restored, would cease to be valid if not renewed.

(7) The Registrar must refuse the application under this rule—

(a) if it is not received by the Registrar within the time limit specified in paragraph (2);

(b) if it is not accompanied by the necessary supporting documents, information or evidence as mentioned in the application form or subsequently required by the Registrar;

(c) if the applicant has not paid, or has not made arrangements with the Registrar to pay by direct debit, the prescribed fee in respect of the application; or

(d) if the Registrar considers that restoring the entry of the premises to Part 3 of the Register would prejudice the health, safety or well-being of members of the public.