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SCHEDULEThe General Pharmaceutical Council (Registration) Rules 2010

PART 1General

Citation and commencement

1.—(1) These Rules may be cited as the General Pharmaceutical Council (Registration) Rules 2010 and, except as provided for by paragraph (2), come into force on 27th September 2010.

(2) Rules 11, 13, 24 and 26 of these Rules come into force on 4th January 2011.

Interpretation

2.  In these Rules—

the Act” means the Medicines Act 1968;

the Order” means the Pharmacy Order 2010;

Fitness to Practise Rules” means the General Pharmaceutical Council (Fitness to Practise and Disqualification etc.) Rules(1);

“health care professional” means an individual registered with a health care regulatory body;

“legal professional” means a person who is legally qualified within the meaning of rule 2 of the General Pharmaceutical Council (Statutory Committees and their Advisers) Rules 2010(2);

“made on line”, in relation to an application under Part 3 or 5 of these Rules, means submitted to the Registrar in electronic format via the internet;

“prescribed fee” means any fee prescribed in rules made by the Council under article 36 of the Order;

“representative” means a representative within the meaning given in section 72(4) of the Act(3) (representative of pharmacist in case of death or disability); and

“responsible pharmacist” has the meaning given in section 72A of the Act(4) (the responsible pharmacist).

Service of documents

3.—(1) Subject to paragraph (2), any notice, demand or document required to be served by the Registrar must be in writing and must be served by sending it by a postal service or another delivery service (including, with the agreement of the person concerned, by electronic mail to an electronic mail address notified to the Registrar as an address for communications) or by leaving it at—

(a)in the case of a registrant, at the registrant’s home address in the Register;

(b)in the case of a person who is not a registrant, to that person at that person’s last known home address; or

(c)in the case of a person carrying on a retail pharmacy business at a registered pharmacy—

(i)where that person is an individual, to that individual’s home address in the Register,

(ii)where that person is a partnership, to the principal office of that partnership, or

(iii)where that person is a body corporate, to the registered or principal address of that body corporate.

(2) If a person on whom any notice, demand or document is to be served by the Registrar so requests, such a notice, demand or document may be sent to or left at—

(a)where that person is represented by a solicitor, the solicitor’s practising or electronic mail address; or

(b)where that person is represented by a defence organisation or trade union, the business or electronic mail address for that defence organisation or trade union.

(3) Where a notice, demand or document is sent by post, unless sent by a postal service which records the date of delivery, it must be sent by first class post and is to be treated as having been served on the day after the day on which it was posted.

(4) Where a notice, demand or document has been sent by electronic mail or left at an address, it is to be treated as having been served on the day on which it was sent by electronic mail or left at that address.

Fees

4.—(1) The Registrar may decide, at the Registrar’s discretion—

(a)not to charge a prescribed fee in connection with an application under Part 3 or 5 of these Rules; or

(b)to waive a prescribed fee in connection with such an application either in whole or in part.

(2) The Registrar may offer to any person who makes an application under Part 3 or 5 of these Rules (“the applicant”) the option of paying a prescribed fee in connection with the application by way of direct debit in instalments or otherwise and the payment by direct debit of any such fee is to be subject to such terms and conditions as are agreed between the Registrar and the applicant.

(1)

These Rules are Scheduled to S.I.2010/1615.

(2)

These Rules are Scheduled to S.I.2010/1616.

(3)

Section 72 was amended by the Adults With Incapacity (Scotland) Act 2000 (asp 4), the Mental Capacity Act 2005 (c.9) and by S.S.I.2001/81, S.I.2007/289 and 1997 and S.I.2008/2714.

(4)

Section 72A was inserted by section 30(1) of the Health Act 2006 (c.28) as from 1 October 2009.