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

Restoration of an entry in the Register E+W+S

16.—(1) Subject to the following paragraphs, applicants for the restoration of an entry to Part 1 or, as the case may be, Part 2 of the Register may apply to the Registrar.

(2) An application under this rule must be made to the Registrar using the relevant application form, which must be in such form as the Council may from time to time determine, before the end of the period of twelve months beginning with—

(a) the date on which the entry was removed from the relevant part of the Register pursuant to an application for voluntary removal under rule 14; or

(b) the date on which the entry was removed from the relevant part of the Register under or by virtue of a provision specified in article 37(1)(a) to (d) or (f) or (g) of the Order.

(3) The application form may, in particular—

(a) require the applicant (“A”) to—

(i) specify—

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

[F1 (ab) whether there is in force in relation to that applicant, or will be as necessary for the purpose of complying with article 32 of the Order, appropriate cover under an indemnity arrangement,]

(bb) the part of the Register to which the application relates, and

(cc) the number of the entry in the Register to which the application relates,

(ii) declare—

(aa) that A agrees, upon A’s entry being restored to the Register, to adhere to any standards set by the Council under article 43(1)(b) of the Order relating to the continuing professional development that it is necessary for a registrant to maintain in order to have an entry in Part 1 or, as the case may be, Part 2 of the Register renewed;

(bb) A’s intention to adhere to the standards set by the Council under article 48(1)(a) of the Order relating to the conduct, ethics and performance expected of registrants, F2 ...

(cc) that A is not aware of any investigation by any enforcement or regulatory body, or proceedings brought by such a body, that relate to A’s fitness to practise, or of any act or omission on A’s part that might render A liable to an allegation being referred to the Council that A’s fitness to practise is impaired,

[F3 (dd) that A understands that, upon A’s entry being restored to the Register, A cannot practise as a pharmacist or, as the case may be, a pharmacy technician unless there is in force an indemnity arrangement which provides appropriate cover in relation to A, and

(ee) that A agrees, in the event that there is in force in relation to A no such arrangement, to inform the Registrar in writing of that fact within 7 days of the cessation of appropriate cover under any such arrangement and understands that A’s entry may be removed from the Register,]

(iii) specify—

(aa) whether any of the matters referred to in article 51(1)(e) to (n) of the Order exist in relation to [F4 A] which have not previously been notified to the Council; or

(bb) whether, in relation to [F4 A], there have been any findings of impairment of [F5 A’s] fitness to practise made by a regulatory body which have not previously been notified to the Council or, prior to 27th September 2010, to the Society, F6 ...

[F7 (iiia) specify whether A holds evidence, information or documents demonstrating that A has the necessary knowledge of English for the purpose of complying with article 20(1)(a)(iia) of the Order, and]

(iv) provide any necessary supporting documents, information or evidence as mentioned in the application form;

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

(c) 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) The Registrar must consider—

(a) whether the applicant should be required to undertake any additional education, training or experience before the applicant’s entry is restored to the Register; and

(b) whether the applicant should be required to undertake any additional continuing professional development after the applicant’s entry is restored to the Register,

and, where necessary, the Registrar may determine the additional education, training or experience or additional continuing professional development that it is appropriate for the applicant to undertake in the circumstances of the applicant’s case.

(6) The Registrar may grant an application under this rule subject to the condition that the applicant agrees to comply with such undertakings with regard to continuing professional development as the Registrar considers appropriate in the applicant’s case.

(7) The Registrar may refuse any application under this rule which is not accompanied by the necessary supporting documents, information or evidence as mentioned in the application form or otherwise required by the Registrar.

(8) 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 A’s entry in Part 1 or, as the case may be, Part 2 of the Register was removed from the relevant part of the Register because of a failure to provide any document, evidence or information and that document, evidence or information is not included in the application; or

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

(9) An entry restored to Part 1 or, as the case may be, Part 2 of the Register under this rule—

(a) is still to be treated as having been entered in that part of the Register; and

(b) is valid for the same period as the period for which the entry would have been valid, or would have been treated as valid, under article 25 of the Order had it not been removed from the Register by the Registrar.

Textual Amendments

F1 Sch. rule 16(3)(a)(i)(ab) inserted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 rule 41

F2 Word in Sch. rule 16(3)(a)(ii)(bb) omitted (21.11.2016) by virtue of The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 8(2)(a)

F3 Sch. rule 16(3)(a)(ii)(dd)(ee) inserted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 8(2)(b)

F4 Word in Sch. rule 16(3)(a)(iii) (aa)(bb) substituted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 8(2)(c)(i)

F5 Word in Sch. rule 16(3)(a)(iii)(bb) substituted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 8(2)(c)(ii)

F6 Word in Sch. rule 16(3)(a)(iii)(bb) omitted (21.11.2016) by virtue of The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 8(2)(c)(iii)

F7 Sch. rule 16(3)(a)(iiia) inserted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 8(2)(d)

Commencement Information

I1 Sch. rule 16 in force at 27.9.2010, see art. 1(1)