The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016

Amendment of rule 6 of the Fitness to Practise Rules

11.—(1) Rule 6 of the Fitness to Practise Rules (initial action in respect of allegations) is amended as follows.

(2) In paragraph (4)—

(a) omit “or” at the end of sub-paragraph (c); and

(b) after sub-paragraph (d) insert

“; or

(e) in relation to a knowledge of English allegation, directing the person concerned—

(i) to undertake an examination or other assessment of that person’s knowledge of English, and

(ii) to provide to the Registrar evidence of the result of that examination or assessment.”.

(3) After paragraph (4) insert—

“(4A) Any direction under paragraph (4)(e) is to be given by the Registrar by a notice in writing which—

(a) specifies the name of the examination or assessment of knowledge of English which the person concerned is required to undertake;

(b) states that the evidence referred to in paragraph (4)(e)(ii) is to be provided in the form of a certificate or other document which—

(i) states the result of the examination or assessment, and

(ii) is signed by an officer of the body which provides the examination or assessment; and

(c) specifies the date by which such evidence is to be provided,

and the person concerned must comply with the direction by the date specified in the notice or, if the Registrar agrees by a further notice in writing to extend that period, within the extended period specified in that notice.

(4B) The Registrar may disclose to any of the statutory committees or any employee of the Council any evidence provided pursuant to a direction given under paragraph (4)(e).”.

(4) After paragraph (7A)(1) insert—

“(7B) Where the Registrar has given a direction under paragraph (4)(e) and the person concerned has failed to comply with it, the Registrar may—

(a) refer the knowledge of English allegation to the Committee instead of to the Investigating Committee and treat the failure to comply with the direction as a separate allegation of misconduct and refer that allegation to the Committee; or

(b) determine not to refer the knowledge of English allegation to the Committee but treat the failure to comply with the direction as a separate allegation of misconduct and refer that allegation to the Committee.”.

(5) In paragraph (8), for “paragraph (5), (6), (7) or (7A)” substitute “any of paragraphs (5) to (7B)”.

(1)

Paragraph (7A) was inserted by S.I. 2011/1367.