Legalize / United Kingdom / Statutory-Instrument

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

Type Statutory-Instrument

Publication 2010-06-28

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 28th June 2010

Laid before Parliament: 5th July 2010

Laid before the Scottish Parliament: 5th July 2010

Coming into force: 27th September 2010

At the Council Chamber Whitehall, the 28th day of June 2010By the Lords of Her Majesty’s Most Honourable Privy Council

By virtue of article 66(4) of that Order, such rules cannot come into force until approved by order of the Privy Council.

Their Lordships, having taken these Rules into consideration, are pleased to and do approve them.

This Order may be cited as the General Pharmaceutical Council (Registration Rules) Order of Council 2010 and comes into force on 27th September 2010.

SCHEDULE — The General Pharmaceutical Council (Registration) Rules 2010

The General Pharmaceutical Council, in exercise of the powers conferred by sections 74A(6) and (7), 74B(2), 74C(4), 74E(2), 74G(2) and 74I(3) of the Medicines Act 1968[^f00004] and articles 19(3) and (4), 23(1), 25(3), 27(1), 28(1), 29(4), 30(2) and (4), 31(1), 36(1) and (3), 37(3) and 66(1) of the Pharmacy Order 2010[^f00005], makes the following Rules:

PART 1 — General

Citation and commencement

1

(1) These Rules may be cited as the General Pharmaceutical Council (Registration) Rules 2010 and, except as provided for by paragraph (2), come into force on 27th September 2010.

(2) Rules 11, 13, 24 and 26 of these Rules come into force on 4th January 2011.

Interpretation

2

In these Rules—

“the Act” means the Medicines Act 1968;

“the Order” means the Pharmacy Order 2010;

“Fitness to Practise Rules” means the General Pharmaceutical Council (Fitness to Practise and Disqualification etc.) Rules[^f00006];

“health care professional” means an individual registered with a health care regulatory body;

“legal professional” means a person who is legally qualified within the meaning of rule 2 of the General Pharmaceutical Council (Statutory Committees and their Advisers) Rules 2010[^f00007];

“made on line”, in relation to an application under Part 3 or 5 of these Rules, means submitted to the Registrar in electronic format via the internet;

“prescribed fee” means any fee prescribed in rules made by the Council under article 36 of the Order;

“representative” means a representative within the meaning given in section 72(4) of the Act[^f00008] (representative of pharmacist in case of death or disability); and

“responsible pharmacist” has the meaning given in section 72A of the Act[^f00009] (the responsible pharmacist).

Service of documents

3

(1) Subject to paragraph (2), any notice, demand or document required to be served by the Registrar must be in writing and must be served by sending it by a postal service or another delivery service (including ... by electronic mail to an electronic mail address notified to the Registrar as an address for communications) or by leaving it at—

(a) in the case of a registrant, at the registrant’s home address in the Register;

(b) in the case of a person who is not a registrant, to that person at that person’s last known home address; or

(i) where that person is an individual, to that individual’s home address in the Register,

(ii) where that person is a partnership, to the principal office of that partnership, or

(iii) where that person is a body corporate, to the registered or principal address of that body corporate.

(2) If a person on whom any notice, demand or document is to be served by the Registrar so requests, such a notice, demand or document may be sent to or left at—

(a) where that person is represented by a solicitor, the solicitor’s practising or electronic mail address; or

(b) where that person is represented by a defence organisation or trade union, the business or electronic mail address for that defence organisation or trade union.

(3) Where a notice, demand or document is sent by post, unless sent by a postal service which records the date of delivery, it must be sent by first class post and is to be treated as having been served on the day after the day on which it was posted.

(4) Where a notice, demand or document has been sent by electronic mail or left at an address, it is to be treated as having been served on the day on which it was sent by electronic mail or left at that address.

Fees

4

(1) The Registrar may decide, at the Registrar’s discretion—

(a) not to charge a prescribed fee in connection with an application under Part 3 or 5 of these Rules; or

(b) to waive a prescribed fee in connection with such an application either in whole or in part.

(2) The Registrar may offer to any person who makes an application under Part 3 or 5 of these Rules (“the applicant”) the option of paying a prescribed fee in connection with the application by way of direct debit in instalments or otherwise and the payment by direct debit of any such fee is to be subject to such terms and conditions as are agreed between the Registrar and the applicant.

PART 2 — The Register

The keeping of the Register

5

(1) The Register is to be kept and maintained—

(a) in writing; and

(b) securely, in a manner which guards against falsification.

(2) The Registrar is responsible for ensuring that an entry appears in the Register in respect of each person who or, in the case of a registered pharmacy, premises which—

(i) is or are newly entered in, or newly restored to, the Register, or

(ii) has or have had an entry in the Register renewed.

(3) Before making alterations to any of the particulars of a registrant’s entry in the Register or, as the case may be, of an entry of a registered pharmacy in the Register, the Registrar must be satisfied as to the accuracy of any new information to be recorded in the Register and may—

(a) in the case of a registrant, require the registrant to produce a statutory declaration, a marriage certificate or such other documentary evidence as the Registrar may consider appropriate in any case; or

(b) in the case of a registered pharmacy, require the person carrying on a retail pharmacy business at the registered pharmacy to provide such documentary evidence as the Registrar may reasonably request.

(4) Where the Investigating Committee—

(a) issues a warning to a registrant; or

(b) agrees undertakings with a registrant that relate to the registrant’s fitness to practise,

the Registrar must ensure that an appropriate alteration to that registrant’s entry in the Register is made to record that warning or undertaking.

(5) Where the Fitness to Practise Committee—

(a) issues a warning to a registrant;

(b) agrees undertakings with a registrant that relate to the registrant’s fitness to practise;

(c) gives a direction that a registrant’s entry in the Register be suspended (including a direction imposing an interim suspension order), or gives a direction amending that direction; or

(d) gives a direction that a registrant’s entry in the Register be conditional upon the registrant complying with specified requirements (including a direction imposing an order for interim conditional entry), or gives a direction amending that direction,

the Registrar must ensure that an appropriate alteration is made to that registrant’s entry in the Register to record that warning, undertaking, direction or amending direction (in the case of a direction, once that direction has taken effect).

(6) Where, in the case of a registrant, the Fitness to Practise Committee determines that the registrant’s fitness to practise is impaired, the Registrar must ensure that an appropriate alteration is made to that registrant’s entry in the Register to record the determination.

(7) Where the Fitness to Practise Committee gives a direction that the entry of a registrant in the Register, or a part of the Register, be removed from the Register, or from part of the Register, the Registrar must ensure that an appropriate alteration is made to the Register removing the entry of that registrant from the Register, or from the relevant part of the Register, (once the direction has taken effect).

(8) Where, in proceedings under section 80 of the Act[^f00010] (power for relevant disciplinary committee to disqualify and direct removal from the Register), the Fitness to Practise Committee—

(a) directs—

(i) that a body corporate is to be disqualified for the purposes of Part 4 of the Act, and

(ii) the Registrar to remove all premises entered in Part 3 of the Register that are premises at which that body corporate carries on a retail pharmacy business; or

(b) directs the Registrar to remove from Part 3 of the Register all premises at which a body corporate carries on a retail pharmacy business, or such of them as may be specified in the direction,

the Registrar must ensure that an appropriate alteration is made to Part 3 of the Register removing from that part of the Register the entry relating to each of the premises to which the direction relates (once the direction has taken effect).

Content of the Register: registrants

6

(1) The Register must, in respect of each registrant who is entered in it, contain the following information—

(a) the registrant’s title;

(b) the name under which the registrant practises or intends to practise (the registrant’s “registered name”);

(d) the registrant’s home address (the registrant’s “registered address”);

(e) the number of the registrant’s entry in the Register;

(f) the date of the first, and any subsequent, entry of the registrant in the Register;

(g) the period for which the entry of the registrant in the Register is valid;

(h) any annotations in respect of specialisations made to the registrant’s entry in the Register;

(i) any qualifications by reference to which the Registrar is satisfied that the registrant is appropriately qualified within the meaning of articles 21(1) and 22(1) of the Order; and

(j) the date of the last review of the registrant’s continuing professional development record.

(2) The Registrar must make provision for—

(a) recording the information referred to in paragraph (1)(a) to (j) in the Welsh language where appropriate; and

(b) marking the Register so as to distinguish those registrants who are entered in Part 1 or, as the case may be, Part 2 of the Register by virtue of article 34 of the Order (temporary entry with regard to emergencies involving loss of human life or human illness etc.) from the entries in those parts of the Register in respect of other registrants.

(3) Except as provided for by paragraph (4), the Registrar may disclose any of the information referred to in paragraph (1) that does not appear in the lists published by the Council under article 19(7) of the Order to any person if the Registrar considers it to be in the public interest to do so.

(4) The Registrar may not disclose a registrant’s registered address in any list published by the Council under article 19(7) of the Order.

(5) The Registrar must only record a title to be included in the Register by virtue of paragraph (1)(a) (other than Mr, Mrs, Miss or Ms) where the Registrar is satisfied as to the authenticity of the title claimed.

Content of the Register: registered pharmacies

7

(1) The Register must, in respect of any premises entered in Part 3 of the Register, contain the following information—

(a) the address of the premises;

(b) the name and address of the person carrying on a retail pharmacy business at the premises;

(d) the number of the entry of the premises entered in the Register;

(e) the date of the first, and any subsequent, entry of the premises entered in the Register;

(f) the period for which the entry of the premises entered in the Register is valid;

(g) any conditions to which the entry of the premises entered in the Register is subject;

(h) any annotations in respect of specialisations made to the entry of the premises entered in the Register;

(i) where the business is carried on at the premises by a body corporate, the name and home address of the superintendent pharmacist; and

(j) details of any improvement notices issued under article 13 of the Order in respect of the carrying on of a retail pharmacy business at the premises entered in the Register.

(2) For the purposes of paragraph (1)(b), the address to be included in the Register is—

(a) where the business is carried on at the premises by an individual, that individual’s home address in the Register;

(b) where the business is carried on at the premises by a partnership, the address of the principal office of that partnership; or

(c) where the business is carried on at the premises by a body corporate, the registered or principal address of that body corporate.

(3) The Registrar must make provision for—

(a) recording the information referred to in paragraph (1)(a) to (j) in the Welsh language where appropriate; and

(b) marking the Register so as to distinguish those premises which are entered in Part 3 of the Register by virtue of section 74J of the Act (temporary entry with regard to emergencies involving loss of human life or human illness etc.) from the entries in that part of the Register in respect of other premises.

(4) Except as provided for by paragraph (5), the Registrar may disclose any of the information referred to in paragraph (1) that does not appear in the lists published by the Council under article 19(7) of the Order to any person if the Registrar considers it to be in the public interest to do so.

(5) The Registrar may not disclose the home address of a registrant who is a person carrying on a retail pharmacy business at a registered pharmacy or of the superintendent pharmacist in relation to a registered pharmacy in any list published by the Council under article 19(7) of the Order.

Duty to notify Registrar of changes to information: registrants

8

(1) A registrant must notify the Registrar of—

(a) any change to the name under which the registrant practises or intends to practise; and

(b) any change to the registrant’s home address in the Register or to any of the registrant’s contact details as previously notified by the registrant to the Registrar.

(2) For the purposes of paragraph (1), the registrant must give notice to the Registrar of any change of information in writing before the expiry of the period of one month beginning with the date on which the change occurred.

PART 3 — Applications relating to Parts 1 and 2 of the Register

Applications: general

9

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

Entry in the Register

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,

(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, ...

(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,

(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—

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