Rule 12
1. The General Pharmaceutical Council (Fitness to Practise and Disqualification etc.) Rules 2010(1) are amended in accordance with paragraphs 2 to 5.
2. In rule 2 (interpretation), in paragraph (1), after the definition of “the Committee” insert—
““the Continuing Professional Development Rules” means the General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 2011;”.
3. In rule 6 (which sets out exceptions to the Registrar’s duty to refer matters to the Investigating Committee under article 52 of the Order)—
(a)after paragraph (7) insert—
“(7A) The Registrar may refer an allegation to the Committee instead of to the Investigating Committee where the allegation relates to—
(a)a failure to comply with the requirements or conditions of the framework adopted by the Council under article 43(4)(a) of the Order relating to the continuing professional development of registrants; or
(b)the making of a false declaration about compliance with the requirements or conditions of that framework;
and the Registrar considers that the circumstances of the failure or false declaration are such that the allegation should be so referred.”; and
(b)in paragraph (8), for “(6) or (7)” substitute “(6), (7) or (7A)”.
4. In rule 16(2) (notices of hearing other than interim order hearings)—
(a)omit the word “and” at the end of sub-paragraph (b)(ii)(bb);
(b)after sub-paragraph (b)(ii)(cc) insert—
“and
rule 9(2)(b) of the Continuing Professional Development Rules for the purposes of making findings of fact, contain a statement from the Registrar of the matters on which findings of fact are sought;”;
(c)omit the word “or” at the end of sub-paragraph (g)(iv); and
(d)after sub-paragraph (g)(v) insert—
“or
(vi)where a case has been referred to the Committee under rule 9(2)(b) of the Continuing Professional Development Rules for the purposes of making findings of fact, make any admissions;”.
5. In rule 33—
(a)for the heading substitute “Procedure in relation to certain registration and CPD cases before the Committee”;
(b)omit the word “or” at the end of paragraph (1)(c);
(c)after paragraph (1)(c) insert—
“(ca)under rule 9(2)(b) of the Continuing Professional Development Rules (which makes provision for hearings to be held in certain circumstances in relation to continuing professional development matters); or”.
6.—(1) The General Pharmaceutical Council (Statutory Committees and their Advisers) Rules 2010(2) are amended as follows.
(2) In rule 5, after paragraph (a) insert—
“(ab)providing advice requested by the Registrar under rule 9(2)(b) of the General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 2011;”.
Scheduled to S.I. 2010/1615.
Scheduled to S.I. 2010/1616.