The Pharmacy Order 2010

Indemnity arrangements

32.—(1) A registrant must have in force an adequate and appropriate indemnity arrangement that provides cover in relation to that registrant in respect of liabilities which may be incurred in practising as a pharmacist or, as the case may be, a pharmacy technician.

(2) For the purposes of this article, an “indemnity arrangement” may comprise—

(a) a policy of insurance;

(b) an arrangement made for the purposes of indemnifying a person; or

(c) a combination of the two.

(3) The Council may make rules about what is an adequate and appropriate indemnity arrangement for the purposes of this article.

(4) The Council may make such provision in rules as it considers appropriate in connection with the information to be provided to the Registrar—

(a) by or in respect of any person seeking to be entered in any part of the Register as a pharmacist or pharmacy technician (including on an application for restoration) for the purposes of determining whether, if that person is so entered, there will be in force an adequate and appropriate indemnity arrangement in relation to that person which commences, at the latest, on the date on which that person is entered in that part of the Register;

(b) by or in respect of a registrant for the purposes of determining whether, at any time, there is in force an adequate and appropriate indemnity arrangement in relation to that registrant.

(5) Rules under paragraph (4)(b) may require the information to be provided—

(a) at the request of the Registrar; or

(b) on such dates or at such intervals as the Registrar may determine, either generally or in relation to individual registrants or registrants of a particular description.

(6) The Council may also make rules requiring a registrant to inform the Registrar if there ceases to be in force an adequate and appropriate indemnity arrangement in relation to that registrant.

(7) Where there is a failure to comply with rules under paragraph (4) by or in respect of a person who is entered, or is seeking to be entered, in any part of the Register, the Registrar may refuse to enter the person in, or to restore the person’s entry to, that part of the Register.

(8) If a registrant is in breach of paragraph (1), or fails to comply with rules under paragraph (4)(b) or (6), or there is a failure to comply with rules under paragraph (4)(b) in respect of a registrant—

(a) the Registrar may remove that person’s entry from Part 1, 2, 4 or 5 of the Register (as the case may be); or

(b) the breach or failure may be treated as misconduct for the purposes of article 51(1)(a) and the Registrar must consider, in accordance with article 52(1), whether or not to refer the matter to the Investigating Committee or (where rules under article 52(1) so provide) to the Fitness to Practise Committee.

(9) Where the Registrar—

(a) refuses to enter a person in any part of the Register, or to restore a person’s entry to any part of the Register pursuant to paragraph (7); or

(b) removes a person’s entry from any part of the Register, pursuant to paragraph (8)(a),

the Registrar must send to the person at the person’s last known home address a statement in writing giving the person notice of the decision and the reasons for it and of the right of appeal to the Appeals Committee under article 40.