Search Legislation

Advanced Search

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

Changes to legislation:

There are currently no known outstanding effects for the The General Pharmaceutical Council (Registration Rules) Order of Council 2010, PART 3. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 3E+W+SApplications relating to Parts 1 and 2 of the Register

Applications: generalE+W+S

9.  The Council may make such provision as it considers appropriate for applications under this Part to be made on line to the Registrar.

Commencement Information

I1Sch. rule 9 in force at 27.9.2010, see art. 1(1)

Entry in the RegisterE+W+S

10.—(1) Subject to the following paragraphs, applicants for entry in Part 1 or, as the case may be, Part 2 of the Register must apply to the Registrar using the relevant application form which must be in such form as the Council may from time to time determine.

(2) The application form must, in particular—

(a)require the applicant to—

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

(ii)specify—

(aa)the part of the Register in which entry is sought,

(bb)whether the applicant has previously been entered in the Register, or part of the Register,

[F1(cc)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,]

(iii)declare that the applicant—

(aa)agrees, upon entry 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)agrees, upon entry in the Register, to adhere to any 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)understands that, in the event that the applicant is found to have given false or misleading information in connection with the application, the applicant’s entry in the Register may be removed from the Register,

[F3(dd)understands that, upon entry in the Register, the applicant 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 the applicant, and

(ee)agrees, in the event that there is in force in relation to the applicant 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 the applicant’s entry may be removed from the Register,]

(iv)provide the necessary supporting documents referred to in paragraph (3),

(v)sign and date the application, and

(vi)in the case of any person who is appropriately qualified as a pharmacist within the meaning of article 21(1)(a) of the Order or, as the case may be, as a pharmacy technician within the meaning of article 22(1)(a) of the Order, have the form countersigned and dated by another person who is a pharmacist entered in Part 1 of the Register or a pharmacy technician entered in Part 2 of the Register; and

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

(3) An applicant for entry in Part 1 or 2 of the Register must provide to the Registrar, together with the applicant’s application form—

(a)evidence of the applicant’s identity in the form of—

(i)the applicant’s passport [F4(or a copy of the passport [F5to which paragraph (3A) applies])] or another document which is considered acceptable by the Registrar as proof of the applicant’s identity, and

(ii)a photograph which is signed and dated by a legal or health care professional, justice of the peace or person of standing in the community who has known the applicant for at least two years and who certifies that the photograph is a true likeness of the applicant;

[F6(b)where the applicant wishes to use a registered name which is different from the name given on the applicant’s evidence of identity—

(i)a certificate demonstrating the change of name (or a copy of the certificate which meets whichever of the conditions set out in paragraph (3B)(a) or (b) is applicable), or

(ii)evidence of the change of name in the form of a statutory declaration;]

(c)evidence of the applicant’s date of birth in the form of—

(i)the applicant’s passport [F7(or a copy of the passport [F8to which paragraph (3A) applies])] or other document considered acceptable under paragraph (3)(a)(i), and

(ii)either—

[F9(aa)the applicant’s birth certificate (or a copy of the certificate which meets whichever of the conditions set out in paragraph (3B)(a) or (b) is applicable), or]

(bb)a statutory declaration;

(d)evidence of the applicant’s nationality in the form of—

(i)the applicant’s passport [F10(or a copy of the passport [F11to which paragraph (3A) applies])], or

(ii)any other documentation that is acceptable to the Registrar;

F12(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)evidence that the applicant is appropriately qualified as a pharmacist or a pharmacy technician within the meaning of article 21(1) or, as the case may be, 22(1) of the Order;

[F14(ga)evidence (including where appropriate a self-declaration in the form determined by the Council which is signed and dated by the applicant) that there is in force in relation to the applicant, or will be as necessary for the purpose of complying with article 32 of the Order, appropriate cover under an indemnity arrangement;]

F15(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)as regards the good physical and mental health of the applicant—

F17(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)F18... a self declaration in the form determined by the Council from time to time, of the applicant’s good physical and mental health, which is signed and dated by the applicant; F19...

(k)as regards the good character or repute of the applicant—

F20(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)F21... a self declaration, in the form determined by the Council from time to time, of the applicant’s good character or repute which states whether any of the matters set out in article 51(1)(e) to (n) of the Order exist in relation to the applicant and which is signed and dated by the applicant [F22; and

(l)evidence, information or documents demonstrating that the applicant has the necessary knowledge of English for the purpose of complying with article 20(1)(a)(iia) of the Order.]

F23(3ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24[F25(3A) This paragraph applies to a copy of—

(a)a United Kingdom passport within the meaning of the Immigration Act 1971 (whether or not the front cover of the passport is included in the copy); or

(b)any other passport,

which is certified by a notary, solicitor or Commissioner for Oaths as a true copy of an original passport referred to in sub-paragraph (a) or (b).]

(3B) The conditions referred to in paragraph (3)(b)(i) and (c)(ii)(aa) are—

(a)if the certificate was issued by the General Register Office for England and Wales or the General Register Office for Scotland, that the copy of it has been obtained from that Office; or

(b)if the certificate was not issued by either of those Offices, that the copy of it is certified as a true copy by a notary, solicitor or Commissioner for Oaths.]

(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) [F26The following may, in particular, be required under paragraph (4)—]

(a)a completed and signed application form and authorisation for the Registrar to obtain a certificate of enhanced disclosure from the Secretary of State F27...;

(b)where the applicant has previously obtained a certificate of standard or enhanced disclosure from the Secretary of State or, as the case may be, the Scottish Ministers for the purpose of applying to be entered on a list of performers or providers of pharmaceutical services as part of the health service, that certificate [F28(or a true copy of it certified by a notary, solicitor or Commissioner for Oaths)];

(c)where the applicant has been the subject of a determination by a regulatory body that the applicant’s fitness to practise is impaired, or a determination to the same effect, details of any investigations, the proceedings and the outcome;

(d)where the applicant is included in a barred list within the meaning of the Safeguarding Vulnerable Groups Act 2006(1) or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007(2) or is included in the children’s or the adults’ list within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007(3), details of that inclusion;

(e)in the case of an applicant who qualified or has practised as a pharmacist or pharmacy technician outside Great Britain, a certificate of good standing or current professional status issued no more than three months prior to the date of the application—

(i)by the appropriate authority of the country in which the applicant qualified, and

(ii)by the appropriate authority of every country in which the applicant has practised within the five years immediately preceding the date of the application; F29...

(f)in the case of an applicant who obtained a degree in the United Kingdom, confirmation from the university that awarded the degree that nothing adverse is known about the applicant [F30; F31...

(g)a disclosure request and any existing disclosure record] [F32; and

(h)in the case of an applicant who provided the evidence referred to in paragraph (3)(ga) by way of a self-declaration—

(i)a copy of any insurance policy or other arrangement indemnifying the applicant which is in force, or the details of any such policy or arrangement which will be in force, in relation to the applicant, and

(ii)a description of the activities which the applicant intends to undertake when practising as a pharmacist or, as the case may be, a pharmacy technician.]

(6) For the purposes of paragraph (5)(e) a certificate of good standing or current professional status is a certificate which contains the following information—

(a)the applicant’s full name, home address and date of birth;

(b)full details of the applicant’s education and qualifications in pharmacy;

(c)full details of the applicant’s entry in a register or part of a register maintained by the relevant competent authority or authorities;

(d)full details of any conditions to which the applicant’s entry in a register or part of a register is subject and of any restrictions on the applicant’s practice;

(e)full details of any fitness to practise matters in relation to the applicant including any warnings or advice given by, or undertakings agreed with, the relevant competent authority or authorities; and

(f)such other relevant information as the Registrar may reasonably request in relation to the applicant in the particular circumstances of the applicant’s case.

(7) Where the applicant is a person who has previously been entered in the Register, or part of the Register, the Registrar may dispense with any of the requirements under this rule for the applicant to provide such documents, information or evidence in support of the application as the Registrar may determine in the circumstances of the applicant’s case.

(8) Before deciding whether or not an applicant’s fitness to practise is impaired for reasons other than adverse physical or mental health, the Registrar may seek the advice of the Fitness to Practise Committee in respect of the application.

(9) In making a decision about the applicant’s good character, the Registrar must have regard, as appropriate, to the criteria specified in rule 5 of the Fitness to Practise Rules.

(10) Before deciding whether or not an applicant’s fitness to practise is impaired because of adverse physical or mental health, the Registrar may seek the advice of the Fitness to Practise Committee.

(11) The Registrar must refuse an application under this rule if the applicant has not paid, or has not made arrangements with the Registrar to pay by direct debit, the prescribed fees in respect of the application.

[F33(12) F34...“disclosure record” and “disclosure request” have the meaning given by section 97(1) (general interpretation) of the Protection of Vulnerable Groups (Scotland) Act 2007.”]

Textual Amendments

Commencement Information

I2Sch. rule 10 in force at 27.9.2010, see art. 1(1)

Renewal of an entry in the RegisterE+W+S

11.—(1) Subject to the following paragraphs, applicants for the renewal of an entry in Part 1 or, as the case may be, Part 2 of the Register must apply to the Registrar using the relevant application form which must be in such form as the Council may from time to time determine.

(2) An application under this rule must be made to the Registrar no later than two months before the date on which the entry in the Register would cease to be valid if not renewed.

(3) The Registrar must send to each registrant the relevant application form for the renewal of an entry in Part 1 or, as the case may be, Part 2 of the Register at least three months before the date on which the registrant’s entry in the relevant part of the Register would cease to be valid if not renewed.

(4) The application form must, in particular—

(a)require the registrant to—

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

(ii)provide the number of the entry in Part 1 or, as the case may be, Part 2 of the Register to which the application relates,

[F35(iia)[F36specify whether] that there is in force in relation to the registrant, or will be as necessary for the purpose of complying with article 32 of the Order, appropriate cover under an indemnity arrangement,]

[F37(iib)declare that the registrant understands that the registrant 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 the registrant,

(iic)declare that the registrant agrees, in the event that there is in force in relation to the registrant 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 the registrant’s entry may be removed from the Register,]

(iii)declare that the registrant agrees 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,

(iv)declare the registrant’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, F38...

(v)specify—

(aa)whether any of the matters referred to in article 51(1)(e) to (n) of the Order exist in relation to the registrant which have not previously been notified to the Council, or

(bb)whether, in relation to the registrant, there have been any findings of impairment of the registrant’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[F39, and—

(vi)specify whether the registrant holds evidence, information or documents demonstrating that the registrant has the necessary knowledge of English for the purpose of complying with article 20(2)(a)(iia) of the Order;]

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

(c)inform the registrant that—

(i)if the declaration included in the application is not completed to the satisfaction of the Registrar, the Registrar may refuse to renew the applicant’s entry in Part 1 or, as the case may be, Part 2 of the Register because the application does not comply with the requirements of this rule, and

(ii)in the event that the registrant is found to have given false or misleading information in connection with the application, that may be treated as misconduct for the purposes of article 51(1)(a) of the Order which may result in the removal of the registrant’s entry from the relevant part of the Register; and

(d)require the registrant to sign and date the application.

(5) If a registrant has not received an application form for the renewal of the registrant’s entry in Part 1 or, as the case may be, Part 2 of the Register by the beginning of the period of three months before the date on which the registrant’s entry in the Register would cease to be valid if not renewed, the registrant must notify the Registrar accordingly.

[F40(5A) The registrant 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.]

(6) Except as provided for by paragraph (7), the Registrar must refuse an application under this rule—

(a)if it is not received by the Registrar within the time limit specified in paragraph (2);

(b)if it is not accompanied by the necessary supporting documents, information and evidence as mentioned in the application form [F41or subsequently required by the Registrar]; or

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

(7) If there is an ongoing fitness to practise investigation, or there are ongoing fitness to practise proceedings, in respect of a registrant who—

(a)has not made an application for the renewal of their entry in Part 1 or, as the case may be, Part 2 of the Register; or

(b)has not paid, or has not made arrangements with the Registrar to pay by direct debit, the prescribed fee in respect of the application,

the Registrar may not remove the registrant’s entry from the relevant part of the Register in accordance with article 25(3) of the Order except in cases where the Registrar considers that the public interest would be best served by so doing.

Textual Amendments

Commencement Information

I3Sch. rule 11 in force at 4.1.2011, see art. 1(2)

Annotations made to an entry in the RegisterE+W+S

12.—(1) Subject to the following paragraphs, a registrant entered in Part 1 or, as the case may be, Part 2 of the Register may apply to the Registrar to have an annotation in respect of a specialisation made to the registrant’s entry in the relevant part of the Register.

(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.

(3) The application form must, in particular—

(a)require the applicant to—

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

(ii)specify whether the application relates to an entry in Part 1 or Part 2 of the Register,

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

(iv)specify the type of specialisation which is to be the subject matter of the annotation,

(v)provide evidence which is sufficient in the opinion of the Registrar to demonstrate that the applicant meets such standards of proficiency for the safe and effective practice of pharmacy as are set in rules under article 27(1)(e) of the Order, F42...

[F43(va)specify whether, if an annotation in respect of a specialisation were to be made to the applicant’s entry, there would be in force an indemnity arrangement which provides appropriate cover in relation to the applicant, and]

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

(b)include a demand that the registrant pay the prescribed fee 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) Where the applicant is a person who has previously had an annotation in respect of a specialisation made to an entry in the Register, or part of the Register, the Registrar may dispense with any of the requirements under this rule for the applicant to provide such documents, information or evidence in support of the application as the Registrar may determine in the circumstances of the applicant’s case.

(6) Where the Registrar grants an application under this rule that relates to an entry in Part 1, or as the case may be, Part 2 of the Register, the Registrar must ensure that an appropriate annotation is made to a registrant’s entry in that Part of the Register to denote the type of specialisation in respect of which the annotation to that entry is made.

(7) The Registrar may not grant an application under this rule unless the Registrar is satisfied that the applicant meets the standards of proficiency referred to in paragraph (3)(a)(v).

(8) The Registrar must refuse any application under this rule—

(a)if it is not accompanied by the necessary supporting documents, information or evidence as mentioned in the application form or subsequently required by the Registrar; or

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

Textual Amendments

Commencement Information

I4Sch. rule 12 in force at 27.9.2010, see art. 1(1)

Renewal of an annotation made to an entry in the RegisterE+W+S

13.—(1) Subject to the following paragraphs, applicants for the renewal of an annotation in respect of a specialisation made to an entry in 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 no later than two months before the date on which the entry in the Register to which the annotation relates would cease to be valid if not renewed using the relevant application form which must be in such form as the Council may from time to time determine.

(3) The Registrar must send to each registrant whose entry in Part 1 or, as the case may be, Part 2 of the Register is annotated to denote a specialisation an application form at least three months before the date on which the registrant’s entry in the relevant part of the Register would cease to be valid if not renewed.

(4) The application form must, in particular—

(a)include a demand that the registrant pay the prescribed fee in respect of the application; and

(b)require the applicant to—

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

(ii)specify whether the application relates to an entry in Part 1 or Part 2 of the Register,

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

[F44(iiia)specify whether, if an annotation in respect of a specialisation were to be renewed, there would be in force an indemnity arrangement which provides appropriate cover in relation to the applicant,]

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

(v)sign and date the application.

(5) 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.

(6) The Registrar must refuse any application under this rule—

(a)if it is not received by the Registrar within the time limit specified in paragraph (2);

(b)if it is not accompanied by the necessary supporting documents, information or evidence as mentioned in the application form [F45or subsequently required by the Registrar]; or

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

(7) If a registrant with an annotation in respect of a specialisation made to an entry in Part 1 or, as the case may be, Part 2 of the Register has not received an application form for the renewal of that annotation by the beginning of the period of three months before the date on which the registrant’s entry in the Register would cease to be valid if not renewed, the registrant must notify the Registrar accordingly.

Textual Amendments

Commencement Information

I5Sch. rule 13 in force at 4.1.2011, see art. 1(2)

Voluntary removal of an entry or annotation from the RegisterE+W+S

14.—(1) Subject to the following paragraphs, applicants for the voluntary removal of an entry from Part 1 or, as the case may be, Part 2 of the Register, or the voluntary removal of an annotation in respect of a specialisation made to such an entry, 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.

(3) The application form must, in particular—

(a)require the applicant (“A”) to—

(i)specify A’s full name, home address and contact details (including a telephone number and electronic mail address, where possible),

(ii)indicate whether the application is an application for the voluntary removal of an entry in Part 1 or 2 of the Register or, as the case may be, of an annotation in respect of a specialisation made to such an entry, and

(iii)specify the number of the entry in the Register to which the application relates;

(b)if A is a superintendent pharmacist, require A to state that fact,

(c)require A to—

(i)declare 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 which might render A liable to an allegation being referred to the Council that A’s fitness to practise is impaired,

(ii)provide any supporting documents, information or evidence as mentioned in the application form, and

(iii)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) Upon receipt of an application under this rule, the Registrar must make such inquiries as the Registrar considers necessary in order to be satisfied that there are no ongoing investigations or outstanding proceedings relating to the registrant’s fitness to practise.

(6) The Registrar must not grant an application under this rule unless—

(a)the Registrar is satisfied that there are no ongoing investigations or outstanding proceedings relating to the registrant’s fitness to practise; or

(b)in cases where there are such investigations or proceedings, the Registrar considers that the public interest would be best served by granting the application.

(7) Where the Registrar grants an application under this rule, the Registrar must make an appropriate alteration to Part 1 or, as the case may be, Part 2 of the Register to remove the entry, or the annotation made to the entry, from the relevant part of the Register and must publish that fact on the Council’s website.

Commencement Information

I6Sch. rule 14 in force at 27.9.2010, see art. 1(1)

Voluntary removal: supplementary provisionE+W+S

15.—(1) Where the Registrar becomes aware that an application for the voluntary removal of an entry from Part 1 or, as the case may be, Part 2 of the Register—

(a)has been granted in reliance upon information provided by the applicant (“the former registrant”) relating to fitness to practise matters that was false or misleading; and

(b)but for that information, the application would have been refused by virtue of rule 14(6),

the Registrar must revoke the decision to grant the application and must restore the entry of the former registrant to the relevant part of the Register.

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

(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 virtue of an application under rule 14.

(3) Paragraph (2) does not apply to an entry in Part 1 or, as the case may be, Part 2 of the Register which has ceased to be valid by virtue of article 25(3) of the Order before the Registrar became aware of a matter referred to in paragraph (1)(a) or (b).

Commencement Information

I7Sch. rule 15 in force at 27.9.2010, see art. 1(1)

Restoration of an entry in the RegisterE+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),

[F46(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, F47...

(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,

[F48(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 [F49A] which have not previously been notified to the Council; or

(bb)whether, in relation to [F49A], there have been any findings of impairment of [F50A’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, F51...

[F52(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

Commencement Information

I8Sch. rule 16 in force at 27.9.2010, see art. 1(1)

Restoration of an annotation made to an entry in the RegisterE+W+S

17.—(1) Subject to the following paragraphs, applicants for the restoration of an annotation in respect of a specialisation made to an entry in 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 annotation in respect of a specialisation made to 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 in the relevant part of the Register to which the annotation relates was removed from that part of the Register under or by virtue of a provision specified in article 37(1)(a) to (g) of the Order.

(3) The application form must, in particular—

(a)require the applicant to—

(i)specify—

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

[F53(ab)whether, if an annotation in respect of a specialisation were to be restored to the applicant’s entry, there would be in force an indemnity arrangement which provides appropriate cover in relation to the applicant,]

(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, and

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

(b)include a demand that the applicant pay the prescribed fee 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 annotation made to 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 annotation made to 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 circumstances of 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 an application under this rule—

(a)if it is not received by the Registrar within the time limit specified in paragraph (2);

(b)if an annotation to the applicant’s entry in Part 1 or, as the case may be, Part 2 of the Register was removed from the relevant part of Register because of a failure to provide any document, information or evidence and that document, information or evidence 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 fee in respect of the application.

Textual Amendments

Commencement Information

I9Sch. rule 17 in force at 27.9.2010, see art. 1(1)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources