The General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules Order of Council 2011

Decisions in contested cases: stage 3

9.—(1) Where the registrant does not request a hearing or is not entitled to one, the Registrar must determine the matter—

(a) if the Registrar was required to serve one or more supplementary notices on the registrant, after the expiry of the 28 day period referred to in the supplementary notice or, if more than one supplementary notice was served, the most recent supplementary notice; or

(b) if no supplementary notice was required to be served, after the expiry of the 28 day period referred to in the Notice of Intention to Remove served on the registrant under rule 7.

(2) Where the registrant has requested a hearing (in response to the invitation in the Notice of Intention to Remove or a supplementary notice)—

(a) the Registrar may determine the matter without a hearing if (and only if)—

(i) the Registrar no longer proposes to remove the registrant’s entry or annotation; and

(ii) a referral under sub-paragraph (b)(i) has not already been made;

(b) otherwise—

(i) the Registrar must refer the matter to the Fitness to Practise Committee;

(ii) the Fitness to Practise Committee must hold a hearing in accordance with rule 33 of the Fitness to Practise Rules (procedure in relation to hearings of certain registration and CPD cases before the Committee)(1), for the purposes of making findings of fact in relation to the matter and advising the Registrar accordingly; and

(iii) 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 the registrant did not—

(a) fail to comply with the requirements or conditions of the CPD framework; or

(b) make a false declaration about compliance with the requirements or conditions of the CPD framework,

the Registrar must close the matter and notify the registrant accordingly.

(4) Paragraph (5) applies where the Registrar determines that the registrant did—

(a) fail to comply with the requirements or conditions of the CPD framework; or

(b) make a false declaration about compliance with the requirements or conditions of the CPD framework.

(5) The Registrar may—

(a) remove the registrant’s entry, or annotation in respect of a specialisation, from Part 1, 2, 4 or 5 of the Register (as the case may be); or

(b) if the Registrar considers it is appropriate to do so having regard to all the circumstances of the case, impose on the registrant a requirement to take one or more remedial measures in connection with the registrant’s CPD.

(6) In imposing a requirement to take a remedial measure, the Registrar must follow the procedure set out in rule 6(2).

(1)

The heading for rule 33 of the General Pharmaceutical Council (Fitness to Practise and Disqualification etc.) Rules 2010 (scheduled to S.I 2010/1615) is substituted by paragraph 5(a) of the Schedule to these Rules. Rule 33(1) is amended by paragraph 5(b) and (c) of that Schedule.