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

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PART 6Fraudulent and incorrect entries: Part 3 of the Register

Notice of Intention to Remove: stage 1

31.—(1) Paragraph (2) applies where the Registrar has reasonable grounds for believing that an entry of premises entered in Part 3 of the Register may have been fraudulently procured or incorrectly made.

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

(a)may serve a Notice of Intention to Remove on the person carrying on a retail pharmacy business at the premises (“P”) which notifies P in writing that the Registrar is considering whether to remove the entry of the premises entered in Part 3 of the Register to which the Notice relates from that part of the Register; and

(b)may, if the Registrar considers that the matter may constitute misconduct for the purposes of disqualification proceedings under section 80 of the Act (power for relevant disciplinary committee to disqualify and direct removal from the register), refer the matter to the relevant disciplinary committee.

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

(4) The Notice of Intention to Remove must—

(a)set out the grounds for believing that the entry of the premises entered in Part 3 of the Register may have been fraudulently procured or incorrectly made;

(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 the entry of the premises from Part 3 of the Register;

(c)invite P to submit written representations and any relevant evidence to the Registrar no later than 28 days after service of the Notice, as to why the entry of the premises entered in Part 3 of the Register should not be removed from that part of the Register;

(d)inform P that should P fail to submit written representations to the Registrar within the period stipulated in sub-paragraph (c), the entry of the premises entered in Part 3 of the Register will be removed from that part of the Register; and

(e)except in cases where the Registrar has reasonable grounds for believing that the entry of the premises entered in Part 3 of the Register was incorrectly made, invite P to indicate whether or not P wishes the matter to be considered at a hearing.

Subsequent action by Registrar: stage 2

32.—(1) Where the Registrar has issued a Notice of Intention to Remove and has not received any representations from P within the period stipulated in rule 31(4)(c), the Registrar must remove the entry of the premises from Part 3 of the Register.

(2) Where the Registrar does receive representations within the period stipulated in rule 31(4)(c), the Registrar—

(a)must consider the representations and any evidence received; and

(b)may make such further inquiries (including obtaining legal advice) as the Registrar considers necessary.

(3) The Registrar must close the matter and advise P accordingly where the Registrar is satisfied that the entry of the premises entered in Part 3 of the Register was not fraudulently procured or incorrectly made.

(4) Where the Registrar is minded to determine that the entry of the premises entered in Part 3 of the Register was fraudulently procured or incorrectly made, if the Registrar is minded to rely, when making that determination, on evidence that was obtained as a result of the Registrar’s further inquiries, paragraph (5) applies, but in all other cases, the Registrar must determine the matter in accordance with rule 33(1)(b) or (2).

(5) Where this paragraph applies, the Registrar must send to P the additional evidence on which the Registrar is minded to rely, and if P has not already requested a hearing or is not entitled to one, invite P, no later than 28 days after service of the additional evidence—

(a)to submit written representations and any relevant additional evidence to the Registrar; or

(b)except in cases where the Registrar has reasonable grounds for believing that the entry of the premises entered in Part 3 of the Register was incorrectly made, invite P once again to indicate whether or not P wishes the matter to be considered at a hearing.

Decisions in contested cases: stage 3

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

(a)after the period stipulated in rule 32(5); or

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

(2) Where P has requested a hearing (as a response to the invitation in the Notice of Intention to Remove or the notification under rule 32(5))—

(a)the Registrar must refer the matter to the relevant disciplinary committee for investigation 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 relevant disciplinary committee, the Registrar must determine the matter.

(3) Where the Registrar determines that the entry of the premises entered in Part 3 of the Register was fraudulently procured or incorrectly, made the Registrar must remove the entry of the premises from that part of the Register in accordance with article 29(3) of the Order.

(4) Where the Registrar determines that the entry of the premises entered in Part 3 of the Register was not fraudulently procured or incorrectly made, the Registrar must close the matter and notify P accordingly.

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