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3.—(1) Paragraph (2) applies where the registrar is satisfied that a registered person—
(a)has failed to comply with the requirements or conditions of the CPD framework (including any failure to comply with requirements imposed in accordance with the provisions referred to in regulations 2(8) or (9)); or
(b)has made a false declaration about compliance with the requirements or conditions of the CPD framework.
(2) Subject to paragraphs (3) to (5) the registrar may decide to—
(a)impose on the registered person a requirement to take one or more remedial measures in connection with the registered person’s CPD; or
(b)remove the registered person’s name from the register; or
(c)remove an annotation in respect of a specialist area of practice recorded against the registered person’s name in the register.
(3) In relation to a person (“P”) who is a visiting practitioner, the registrar may not take any of the steps referred to in paragraph (2)(a), (b) or (c) unless the registrar is satisfied that it is appropriate and proportionate to take that step in view of P’s continued lawful establishment in P’s home State as a pharmacist.
(4) The registrar must follow the procedure set out in regulation 4(2) when imposing a requirement to take a remedial measure.
(5) If the registrar proposes to remove the name of a registered person or the annotation recorded against the registered person’s name, the registrar must follow the procedure set out in regulations 5 to 8 (but this is without prejudice to regulations 7(5)(b) and (6).
(6) The fact that a registered person’s failure to comply with the requirements or conditions of the CPD framework arises by virtue of regulation 2(9) does not prevent the registrar from deciding to impose on the registered person a new requirement to take one or more remedial measures.
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