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

• (1) Subject to the following paragraphs, applicants for the renewal of an entry of premises entered in Part 3 of the Register may 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 by the person carrying on a retail pharmacy business at the premises at least two months before the date on which the entry of the premises entered in Part 3 of the Register would cease to be valid if not renewed.

• (3) The Registrar must send to each person carrying on a retail pharmacy business at premises which are entered in Part 3 of the Register the relevant application form for the renewal of the entry relating to the premises at least three months before the date on which the entry of the premises entered in that part of the Register would cease to be valid if not renewed.

• (4) The application form must, in particular—

• (a) require the applicant to specify—

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

• (ii) the full postal address of the premises to which the application relates,

• (iii) the number of the entry of the premises entered in the Register to which the application relates,

• (iv) the name under which the retail pharmacy business carried on at the premises trades,

• (v) whether the applicant is a person lawfully conducting a retail pharmacy business at the premises within the meaning of Part 4 of the Act,

• (vi) the date of the commencement of the retail pharmacy business carried on at the premises,

• (vii) where the applicant is a partner in a partnership, the names of all the partners in the partnership,

• (viii) where the applicant is a body corporate—

• (aa) the names of all of the directors of the body corporate, and

• (bb) the name of the superintendent pharmacist, and

• (ix) where the retail pharmacy business is carried on at the premises by a representative, the name of the responsible pharmacist, and

• (b) include a demand that the applicant pay the prescribed fee in respect of the application;

• (c) require the applicant to provide—

• (i) a description of the premises to which the application relates,

• (ii) details of any conditions to which the entry of the premises entered in Part 3 of the Register is subject,

• (iii) details of any improvement notices to which the person carrying on a retail pharmacy business at the premises is subject,

• (iv) details of the type of activities undertaken at the premises, and

• (v) a declaration—

• (aa) confirming that the standards set in rules under article 7(1) of the Order in connection with the carrying on of a retail pharmacy business at a registered pharmacy are met in connection with the retail pharmacy business carried on at the premises, and

• (bb) providing details of any relevant offence or relevant investigation within the meaning of article 7(6)(a) and (b) of the Order;

• (d) inform the applicant that if the declaration included in the application is not completed to the satisfaction of the Registrar, the Registrar may refuse to renew the entry of the premises in Part 3 of the Register; and

• (e) require the applicant to 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) For the purposes of paragraph (4)(a)(i), the address of the applicant is—

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

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

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

• (7) The Registrar must not renew an entry of premises entered in Part 3 of the Register—

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

• (b) if the application is not accompanied by the necessary supporting documents, information or evidence as mentioned in the application form or 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.

• (8) The Registrar may only renew the entry of premises entered in Part 3 of the Register for a period exceeding one year beginning with the date on which that entry would otherwise have ceased to be valid—

• (a) if the entry of the premises in Part 3 of the Register is not subject to any conditions imposed by virtue of section 74D of the Act;

• (b) if the person carrying on a retail pharmacy business at the premises is not subject to the terms of an improvement notice served under article 13 of the Order; and

• (c) if the period for which the entry is renewed does not exceed 36 months from the date on which the entry would otherwise have ceased to be valid if not renewed.

• (9) For the purposes of section 74A(7) of the Act, the prescribed circumstances are that—

• (a) the Registrar has received an application under this rule for the renewal of an entry of premises entered in Part 3 of the Register before the end of the period specified in paragraph (2); and

• (b) the Registrar has not determined the application before the date on which the entry in Part 3 of the Register to which the application relates would cease to be valid if not renewed.

Annotations made to an entry of premises entered in the Register

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• (1) Subject to the following paragraphs, applicants may apply to the Registrar for an annotation in respect of a specialisation to be made to an entry of premises entered in Part 3 of the Register 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 by the person carrying on a retail pharmacy business at the premises to which the application relates.

• (3) The application form must, in particular—

• (a) require the applicant to specify—

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

• (ii) the full postal address of the premises at which the retail pharmacy business is carried on,

• (iii) the number of the entry of the premises entered in the Register to which the application relates, and

• (iv) the name under which the retail pharmacy business carried on at the premises trades;

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

• (c) require the applicant to—

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

• (ii) declare the applicant’s intention to adhere (or to continue to adhere) to the standards set by the Council in rules under article 7(1) of the Order relating to the safe and effective practice of pharmacy at registered pharmacies,

• (iii) provide any other necessary supporting documents, information and evidence as mentioned in the application form, and

• (iv) 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) For the purposes of paragraph (3)(a)(i), the address of the applicant is—

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

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

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

• (6) Where the Registrar grants an application under this rule, the Registrar must ensure that an appropriate annotation is made to the entry of the premises entered in Part 3 of the Register to denote the type of specialisation that relates to the retail pharmacy business carried on at the premises.

• (7) The Registrar must refuse any application made 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.

Renewal of an annotation made to an entry of premises entered in the Register

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• (1) Subject to the following paragraphs, applicants for the renewal of an annotation in respect of a specialisation made to an entry of premises entered in Part 3 of the Register may 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 by the person carrying on a retail pharmacy business at the premises to which the application relates at least two months before the date on which the entry of the premises in Part 3 of the Register would cease to be valid if not renewed.

• (3) The Registrar must send an application form to each person carrying on a retail pharmacy business at premises entered in Part 3 of the Register, where the entry of the premises entered in that part of the Register is subject to an annotation to denote a specialisation, at least three months before the date on which that entry would cease to be valid if not renewed.

• (4) If a person carrying on a retail pharmacy business at premises entered in Part 3 of the Register, where the entry of the premises entered in that part of the Register is subject to an annotation to denote a specialisation, has not received an application form for the renewal of that annotation at least three months before the date on which that entry would cease to be valid if not renewed, that person must notify the Registrar accordingly.

• (5) The application form must, in particular—

• (a) require the applicant to specify—

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

• (ii) the full postal address of the premises at which the retail pharmacy business is carried on,

• (iii) the number of the entry of the premises entered in the Register to which the application relates,

• (iv) the name under which the retail pharmacy business carried on at the premises trades,

• (v) the annotation, or annotations, to which the application relates;

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

• (c) require the applicant to—

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

• (ii) sign and date the application.

• (6) 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.

• (7) For the purposes of paragraph (5)(a)(i), the address of the applicant is—

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

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

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

• (8) 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 or 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.

Voluntary removal of an entry of premises or an annotation from the Register

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• (1) Subject to the following paragraphs, applicants for the voluntary removal of an entry of premises entered in Part 3 of the Register from that part of the Register, or for the removal of an annotation in respect of a specialisation made to such an entry, may 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 by the person carrying on a retail pharmacy business at the premises to which the application relates.

• (3) The application form must, in particular—

• (a) require the applicant to specify—

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

• (ii) the full postal address of the premises to which the application relates,

• (iii) whether the application is for the removal of an entry of premises entered in Part 3 of the Register from that part of the Register or for the removal of an annotation in respect of a specialisation made to such an entry,

• (iv) the number of the entry of the premises entered in the Register to which the application relates,

• (v) the name under which the retail pharmacy business carried on at the premises trades,

• (vi) where the retail pharmacy business is carried on at the premises by a representative, the name of the responsible pharmacist,

• (vii) where the applicant is a partner in a partnership, the names of all the partners in the partnership,

• (viii) where the applicant is a body corporate—

• (aa) the names of all of the directors of the body corporate, and

• (bb) the name of the superintendent pharmacist;

• (b) require the applicant to—

• (i) state the reason for the application,

• (ii) declare that the applicant is not aware of any investigation by any enforcement or regulatory body, or proceedings brought by such a body, that relate to the premises,

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

• (iv) 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) For the purposes of paragraph (3)(a)(i), the address of the applicant is—

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

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

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

• (6) Where the Registrar grants an application under this rule, the Registrar must ensure that an appropriate alteration is made to Part 3 of the Register removing the entry or, as the case may be, the annotation in respect of a specialisation made to the entry, from that part of the Register.

Restoration of an entry of premises entered in the Register: general

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• (1) Subject to the following paragraphs, applicants for the restoration of an entry of premises entered in Part 3 of the Register that has been removed from that part of the Register—

• (a) under article 14(4)(a) of the Order;

• (b) under section 74A(7) of the Act (registration of premises: Great Britain); or

• (c) by virtue of an application under section 74G of the Act (voluntary removal from the register: Great Britain);

may apply to the Registrar to have the entry restored to Part 3 of the Register using the relevant application form which must be in such form as the Council may from time to time determine.

• (2) Applications under this rule must be made to the Registrar by the person who, immediately before the removal, was the person carrying on a retail pharmacy business at the premises no later than twelve months from the date on which the entry was removed from Part 3 of the Register.

• (3) The application form must, in particular—

• (a) require the applicant to specify—

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

• (ii) the full postal address of the premises at which the retail pharmacy business is to be carried on,

• (iii) the number of the entry of the premises entered in the Register to which the application relates,

• (iv) the name under which the retail pharmacy business that is to be carried on at the premises trades,

• (v) where the retail pharmacy business is to be carried on at the premises by a representative, the name of the responsible pharmacist,

• (vi) where the applicant is a partner in a partnership, the names of all the partners in the partnership,

• (vii) where the applicant is a body corporate—

• (aa) the names of all of the directors of the body corporate, and

• (bb) the name of the superintendent pharmacist, and

• (viii) the intended date of commencement of the retail pharmacy business that is to be carried on at the premises;

• (b) include a demand that the applicant pay the prescribed fee in respect of the application;

• (c) require the applicant to provide—

• (i) details of any conditions to which the entry of the premises entered in Part 3 of the Register was subject immediately prior to its removal from that part of the Register,

• (ii) details of any improvement notices to which the person carrying on the retail pharmacy business at the premises was subject immediately prior to the removal of the entry of the premises from Part 3 of the Register,

• (iii) details of the type of activities to be undertaken at the premises,

• (iv) a plan, drawn to scale, of the internal layout of the premises showing the areas in which medicinal products are intended to be sold or supplied, assembled, prepared, dispensed or stored, and

• (v) a declaration—

• (aa) confirming that the standards set in rules under article 7(1) of the Order in connection with the carrying on of a retail pharmacy business at a registered pharmacy are met in connection with the retail pharmacy business that is to be carried on at the premises, and

• (bb) providing details of any relevant offence or relevant investigation within the meaning of article 7(6)(a) and (b) of the Order; and

• (d) require the applicant to—

• (i) declare whether there has been a change in the name under which the retail pharmacy business that is to be carried on at the premises trades,

• (ii) provide any necessary 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) For the purposes of paragraph (3)(a)(i), the address of the applicant is—

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

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

• (c) where the retail pharmacy business is to be carried on at the premises by a body corporate, the address of the registered or principal office of that body corporate.

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

• (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; or

• (d) if the Registrar considers that restoring the entry of the premises to Part 3 of the Register would prejudice the health, safety or well-being of members of the public.

Restoration of an entry of premises in the Register: change of ownership

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• (1) Subject to the following paragraphs, applicants for the restoration of an entry of premises entered in Part 3 of the Register to that part of the Register may, where the entry has been removed from the Register under section 74H of the Act (change of ownership of retail pharmacy business: Great Britain), apply to the Registrar to have the entry restored to Part 3 of the Register using the relevant application form which must be in such form as the Council may from time to time determine.

• (2) Applications under this rule must be made to the Registrar by the person who is to be a person carrying on a retail pharmacy business at the premises before the end of the period of twelve months beginning with the date on which the entry was removed from Part 3 of the Register.

• (3) The application form must, in particular—

• (a) require the applicant to specify—

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

• (ii) the full postal address of the premises at which the retail pharmacy business is to be carried on,

• (iii) the number of the entry of the premises entered in the Register to which the application relates,

• (iv) the name under which the retail pharmacy business carried on at the premises is to trade,

• (v) the intended date of commencement of the retail pharmacy business to be carried on at the premises,

• (vi) where the applicant is a partner in a partnership, the names of all the partners in the partnership,

• (vii) where the applicant is a body corporate—

• (aa) the names of all of the directors of the body corporate, and

• (bb) the name of the superintendent pharmacist, and

• (viii) where the retail pharmacy business is to be carried on at the premises by a representative, the name of the responsible pharmacist;

• (b) include a demand that the applicant pay the prescribed fee in respect of the application;

• (c) require the applicant to provide—

• (i) a description of the premises to which the application relates,

• (ii) details of any conditions to which the entry of the premises in Part 3 of the Register was subject immediately prior to its removal from that part of the Register,

• (iii) details of any improvement notices to which the person carrying on a retail pharmacy business at the premises was subject immediately prior to the removal of the entry of the premises from Part 3 of the Register,

• (iv) details of the type of activities to be undertaken at the premises,

• (v) a plan, drawn to scale, of the internal layout of the premises showing the areas in which medicinal products are intended to be sold or supplied, assembled, prepared, dispensed or stored, and

• (vi) a declaration—

• (aa) confirming that the standards set by the Council in rules under article 7(1) of the Order that are to be met in connection with the carrying on of a retail pharmacy business at a registered pharmacy are met in connection with the retail pharmacy business to be carried on at the premises, and

• (bb) providing details of any relevant offence or relevant investigation within the meaning of article 7(6)(a) and (b) of the Order; and

• (d) 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) For the purposes of paragraph (3)(a)(i), the address of the applicant is—

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

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

• (c) where the retail pharmacy business is to be carried on at the premises by a body corporate, the address of the registered or principal office of that body corporate.

• (6) The Registrar may treat an application for restoration made under this rule as an application for the renewal of an entry of premises entered in Part 3 of the Register made under rule 24 as well as an application for restoration made under this rule if there is insufficient time available for the Registrar to process the application for restoration before the date on which the entry, if restored, would cease to be valid if not renewed.

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

• (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; or

• (d) if the Registrar considers that restoring the entry of the premises to Part 3 of the Register would prejudice the health, safety or well-being of members of the public.

Restoration of annotations made to an entry of premises in the Register

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• (1) Paragraph (2) applies—

• (a) where an entry of premises entered in Part 3 of the Register has been removed from that part of the Register under —

• (i) article 14(4)(a) of the Order,

• (ii) under section 74A(7) of the Act (registration of premises: Great Britain),

• (iii) by virtue of an application under section 74G of the Act (voluntary removal from the register: Great Britain), or

• (iv) under section 74H(5) of the Act (change of ownership of retail pharmacy business: Great Britain),

and an application has been made to the Registrar under rule 28 or rule 29 for the restoration of that entry to Part 3 of the Register; or

• (b) where an annotation in respect of a specialisation made to an entry of premises entered in Part 3 of the Register has been removed from that part of the Register by virtue of an application under rule 27 of these Rules.

• (2) Where paragraph (1) applies, applicants may apply to the Registrar to have an annotation in respect of a specialisation made to an entry of premises entered in Part 3 of the Register restored to that part of Register using the relevant application form which must be in such form as the Council may from time to time determine.

• (3) An application under this rule must be made to the Registrar before the end of the period of twelve months beginning with the date on which the annotation was removed from the Register.

• (4) The application form must, in particular—

• (a) require the applicant to specify—

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

• (ii) the full postal address of the premises at which the retail pharmacy business is, or is to be, carried on,

• (iii) the number of the entry of the premises entered in the Register to which the application relates, and

• (iv) the name under which the retail pharmacy business carried on, or to be carried on, at the premises trades;

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

• (c) require the applicant to—

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

• (ii) 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) For the purposes of paragraph (4)(a)(i), the address of the applicant is—

• (a) where the retail pharmacy business is, or is to be, carried on at the premises by an individual, that individual’s home address in the Register;

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

• (c) where the retail pharmacy business is, or is to be, carried on at the premises by a body corporate, the address of the registered or principal office of that body corporate.

• (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 subsequently required by the Registrar.

• (8) The Registrar must refuse the application—

• (a) if the application is not received by the Registrar within the time limit specified in paragraph (3);

• (b) if the annotation made to an entry of premises entered in Part 3 of the Register was removed from that part of the Register because of a failure to provide any document, evidence or information and the relevant document, information or evidence is not included in the application; 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.

PART 6 — Fraudulent and incorrect entries: Part 3 of the Register

Notice of Intention to Remove: stage 1

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• (1) Paragraph (2) applies where the Registrar has reasonable grounds for believing that an entry of premises entered in Part 3 of the Register may have been fraudulently procured or incorrectly made.

• (2) In the circumstances set out in paragraph (1), the Registrar—

• (a) may serve a Notice of Intention to Remove on the person carrying on a retail pharmacy business at the premises (“P”) which notifies P in writing that the Registrar is considering whether to remove the entry of the premises entered in Part 3 of the Register to which the Notice relates from that part of the Register; and

• (b) may, if the Registrar considers that the matter may constitute misconduct for the purposes of disqualification proceedings under section 80 of the Act (power for relevant disciplinary committee to disqualify and direct removal from the register), refer the matter to the relevant disciplinary committee.

• (3) Before serving a Notice of Intention to Remove on P, the Registrar may make such inquiries, including the instruction of external agents and investigators, as the Registrar considers necessary or expedient.

• (4) The Notice of Intention to Remove must—

• (a) set out the grounds for believing that the entry of the premises entered in Part 3 of the Register may have been fraudulently procured or incorrectly made;

• (b) be accompanied by copies of any evidence that is in a form which can be copied and on which the Registrar would rely in any proceedings under this Part to remove the entry of the premises from Part 3 of the Register;

• (c) invite P to submit written representations and any relevant evidence to the Registrar no later than 28 days after service of the Notice, as to why the entry of the premises entered in Part 3 of the Register should not be removed from that part of the Register;

• (d) inform P that should P fail to submit written representations to the Registrar within the period stipulated in sub-paragraph (c), the entry of the premises entered in Part 3 of the Register will be removed from that part of the Register; and

• (e) except in cases where the Registrar has reasonable grounds for believing that the entry of the premises entered in Part 3 of the Register was incorrectly made, invite P to indicate whether or not P wishes the matter to be considered at a hearing.

Subsequent action by Registrar: stage 2

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• (1) Where the Registrar has issued a Notice of Intention to Remove and has not received any representations from P within the period stipulated in rule 31(4)(c), the Registrar must remove the entry of the premises from Part 3 of the Register.

• (2) Where the Registrar does receive representations within the period stipulated in rule 31(4)(c), the Registrar—

• (a) must consider the representations and any evidence received; and

• (b) may make such further inquiries (including obtaining legal advice) as the Registrar considers necessary.

• (3) The Registrar must close the matter and advise P accordingly where the Registrar is satisfied that the entry of the premises entered in Part 3 of the Register was not fraudulently procured or incorrectly made.

• (4) Where the Registrar is minded to determine that the entry of the premises entered in Part 3 of the Register was fraudulently procured or incorrectly made, if the Registrar is minded to rely, when making that determination, on evidence that was obtained as a result of the Registrar’s further inquiries, paragraph (5) applies, but in all other cases, the Registrar must determine the matter in accordance with rule 33(1)(b) or (2).

• (5) Where this paragraph applies, the Registrar must send to P the additional evidence on which the Registrar is minded to rely, and if P has not already requested a hearing or is not entitled to one, invite P, no later than 28 days after service of the additional evidence—

• (a) to submit written representations and any relevant additional evidence to the Registrar; or

• (b) except in cases where the Registrar has reasonable grounds for believing that the entry of the premises entered in Part 3 of the Register was incorrectly made, invite P once again to indicate whether or not P wishes the matter to be considered at a hearing.

Decisions in contested cases: stage 3

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• (1) The Registrar must determine the matter if P does not request a hearing or is not entitled to one—

• (a) after the period stipulated in rule 32(5); or

• (b) if no such period need be stipulated, once the Registrar has taken a decision to that effect.

• (2) Where P has requested a hearing (as a response to the invitation in the Notice of Intention to Remove or the notification under rule 32(5))—

• (a) the Registrar must refer the matter to the relevant disciplinary committee for investigation for the purposes of making findings of fact in relation to the matter and advising the Registrar accordingly; and

• (b) once the Registrar has received the advice of the relevant disciplinary committee, the Registrar must determine the matter.

• (3) Where the Registrar determines that the entry of the premises entered in Part 3 of the Register was fraudulently procured or incorrectly, made the Registrar must remove the entry of the premises from that part of the Register in accordance with article 29(3) of the Order.

• (4) Where the Registrar determines that the entry of the premises entered in Part 3 of the Register was not fraudulently procured or incorrectly made, the Registrar must close the matter and notify P accordingly.

Signed

Judith Simpson — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order approves The General Pharmaceutical Council (Registration) Rules 2010 (“the Rules”) made by the General Pharmaceutical Council (“the Council”) under the Pharmacy Order 2010 (S.I.2010/231) (“the Order”). The Rules set out various matters relating to the register established and maintained under article 19 of the Order (“the Register”).

Part 1 contains preliminary matters, including general provisions relating to the service of documents and the waiver and non-charging of fees in respect of applications under Parts 3 and 5 of the Rules. Provision is also made to enable the payment by direct debit in instalments or otherwise of fees in respect of applications.

Part 2 makes provision relating to the form and keeping of the Register. In particular, it requires the Register to be kept in writing and securely. Part 2 also contains provisions relating to the recording of fitness to practise matters and requiring registrants to notify the Registrar in writing of any changes to their name or contact details.

Part 3 makes detailed provision in respect of the form and manner of various applications relating to Parts 1 and 2 of the Register (pharmacists and pharmacy technicians). These applications relate to entries in and annotations in respect of specialisations made to entries in the Register and also to the renewal and restoration of such entries and annotations. Applications, which must be made on the relevant application form which must be in such form as the Council may from time to time determine, have to be accompanied by the fee prescribed in rules made under article 36 of the Order in respect of the application. Applications must generally be refused if they are not made within the prescribed time limit and if the prescribed fee is not paid. Provision is made for the voluntary removal of entries in, and annotations made to entries in, Parts 1 and 2 of the Register. Applications for the voluntary removal of an entry from the Register will generally be refused where there is an ongoing investigation or there are outstanding proceedings relating to a registrant’s fitness to practise. General provision is also included to enable applications to be made on line.

Part 4 contains a procedure to be followed by the Registrar for dealing with entries in Parts 1, 2, 4 and 5 of the Register that may have been fraudulently procured or incorrectly made, or where the fitness to practise of a registrant was impaired at the time of the registrant’s entry in the Register but this was not declared to the Registrar. In these cases, before determining the matter, the Registrar may serve a Notice of Intention to Remove, and the registrant may elect to have a hearing (which will be before the Council’s Fitness to Practise Committee) or for the case to be determined without a hearing. The Registrar must also consider whether or not to refer the matter to the Council’s Fitness to Practise Committee.

Part 5 makes detailed provision in respect of the form and manner of various applications relating to Part 3 of the Register (registered pharmacies). These applications relate to entries of premises entered in, and annotations in respect of specialisations made to entries in, Part 3 of the Register and also to the renewal and restoration of such entries and annotations. Applications, which must be made on the relevant application form which must be in such form as the Council may from time to time determine, have to be accompanied by the fee prescribed in rules made under article 36 of the Order in respect of the application. Applications must generally be refused if they are not made within the prescribed time limit and if the prescribed fee is not paid. Similar provision to that contained in Part 3 of these Rules is also made for the voluntary removal of entries of premises entered in, and annotations in respect of specialisations made to entries of premises entered in, Part 3 of the Register. Applications for the voluntary removal of an entry from the Register will also generally be refused where there is an ongoing investigation or there are outstanding proceedings relating to the retail pharmacy business carried on at the registered pharmacy. General provision is also included to enable applications to be made on line.

Part 6 contains a procedure to be followed by the Registrar for dealing with entries of premises entered in Part 3 of the Register that may have been fraudulently procured or incorrectly made. In these cases, before determining the matter, the Registrar may serve a Notice of Intention to Remove on the person carrying on a retail pharmacy business at the premises entered in Part 3 of the Register, that person may elect for a hearing or for the case to be determined without a hearing. The Registrar must also consider whether the matter constitutes misconduct for the purposes of disqualification proceedings under section 80 of the Medicines Act 1968 (c.67)).

Footnotes

[^f00001]: The Council was established by article 4 of the Pharmacy Order 2010 (S.I.2010/231).

[^f00002]: 1968 c.67. Sections 74A to 74L of the Act were inserted by type=start slip=2011-10-01 time=1317733092435paragraph 1(8), and section 84A was inserted by paragraph 1(16), oftype=end slip=2011-10-01 time=1317733092435 Schedule 4 to the Pharmacy Order 2010.

[^f00003]: See article 3(1) of the Pharmacy Order 2010 for the meaning of “prescribed”.

[^f00004]: 1968 c.67.

[^f00006]: These Rules are Scheduled to S.I.2010/1615.

[^f00007]: These Rules are Scheduled to S.I.2010/1616.

[^f00008]: Section 72 was amended by the Adults With Incapacity (Scotland) Act 2000 (asp 4), the Mental Capacity Act 2005 (c.9) and by S.S.I.2001/81, S.I.2007/289 and 1997 and S.I.2008/2714.

[^f00009]: Section 72A was inserted by section 30(1) of the Health Act 2006 (c.28) as from 1 October 2009.

[^f00010]: Subsection (1) of section 80 of the Act was substituted by paragraph 1(14) of Schedule 4 to the Pharmacy Order 2010.

[^f00011]: 2006 c.47.

[^f00012]: S.I.2007/1351 (N.I.11).

[^f00013]: 2007 asp 14.

Editorial notes

[^key-77263e9ebb80da351a6e3a11f7e72c56]: Sch. rule 11 in force at 4.1.2011, see art. 1(2)

[^key-b730b14a73e63c217cb9c7de2a471138]: Sch. rule 13 in force at 4.1.2011, see art. 1(2)

[^key-c9d0193a03002d64b3fd1b5626d7a1ef]: Sch. rule 24 in force at 4.1.2011, see art. 1(2)

[^key-3ca06b00e94a4ed8785b66984d6b943c]: Sch. rule 26 in force at 4.1.2011, see art. 1(2)

[^key-5b2ad4fd0aa613f7c162a3c95671f7b6]: Sch. rule 1 in force at 27.9.2010, see art. 1(1)

[^key-9a925b7f36624d07ae8207bd672e3263]: Sch. rule 2 in force at 27.9.2010, see art. 1(1)

[^key-68ab3f8798861df7f1c2279bdba97f85]: Sch. rule 3 in force at 27.9.2010, see art. 1(1)

[^key-6521d6672dbe98bd90b21a73cf662cc1]: Sch. rule 4 in force at 27.9.2010, see art. 1(1)

[^key-56622b489929a2a2ac43cf3e76aa2bf1]: Sch. rule 5 in force at 27.9.2010, see art. 1(1)

[^key-99726accd3480c5e7c6b726e7b47097a]: Sch. rule 6 in force at 27.9.2010, see art. 1(1)

[^key-9607bac82a860ce4b922d66345692fde]: Sch. rule 7 in force at 27.9.2010, see art. 1(1)

[^key-580966a6815de21d165259b97112f431]: Sch. rule 8 in force at 27.9.2010, see art. 1(1)

[^key-e68bb60a08a280464fcbbead7f268a08]: Sch. rule 9 in force at 27.9.2010, see art. 1(1)

[^key-587a202d262af324825d572b1c323eef]: Sch. rule 10 in force at 27.9.2010, see art. 1(1)

[^key-9ff7125219eb46e282f5be84429ba8f5]: Sch. rule 12 in force at 27.9.2010, see art. 1(1)

[^key-566a8f23d2e69484ba3a2c75091f30ec]: Sch. rule 14 in force at 27.9.2010, see art. 1(1)

[^key-e87e5beff578df803798f7bd8bb9a1e6]: Sch. rule 15 in force at 27.9.2010, see art. 1(1)

[^key-264eabdc6b7835ac4ecf2f9641ac8a76]: Sch. rule 16 in force at 27.9.2010, see art. 1(1)

[^key-302f75910e8b28141ace6b719025fde7]: Sch. rule 17 in force at 27.9.2010, see art. 1(1)

[^key-89d932d2fdfcd46ed9c36ba2e5d7f083]: Sch. rule 18 in force at 27.9.2010, see art. 1(1)

[^key-635fb2b338fac28ec74766f63384b3ed]: Sch. rule 19 in force at 27.9.2010, see art. 1(1)

[^key-c2286758b0f7287324f4db09217222f8]: Sch. rule 20 in force at 27.9.2010, see art. 1(1)

[^key-f49147d5b6607b54c44a13b7dd777c9a]: Sch. rule 21 in force at 27.9.2010, see art. 1(1)

[^key-c57f23db18d1e6856be77f77d480cb96]: Sch. rule 22 in force at 27.9.2010, see art. 1(1)

[^key-9e69ccf5d1167c0124a832b5efeef642]: Sch. rule 23 in force at 27.9.2010, see art. 1(1)

[^key-a3776716a88a399f013189b42a4b05c4]: Sch. rule 25 in force at 27.9.2010, see art. 1(1)

[^key-f8791a9fec9ee3bb18fa0e118876df6c]: Sch. rule 27 in force at 27.9.2010, see art. 1(1)

[^key-eb914fbed8f7e46b93808ef6287409e8]: Sch. rule 28 in force at 27.9.2010, see art. 1(1)

[^key-93a4fb1f5f54eb07c7d6bfbd4b646ba1]: Sch. rule 29 in force at 27.9.2010, see art. 1(1)

[^key-b6f0adbf41ff08c3a77210e873328265]: Sch. rule 30 in force at 27.9.2010, see art. 1(1)

[^key-2ec6fc53b1ca35b2343901a3947a6602]: Sch. rule 31 in force at 27.9.2010, see art. 1(1)

[^key-e8aebc31872a9bcf06972499e181a63e]: Sch. rule 32 in force at 27.9.2010, see art. 1(1)

[^key-c6714b11b9998c63534b274b87f963be]: Sch. rule 33 in force at 27.9.2010, see art. 1(1)

[^key-0c739e9b5ef3de8c3d9b94ad9ba76a90]: Words in Sch. rule 10(5)(a) omitted (28.2.2011) by virtue of The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 23(a)(i); S.S.I. 2011/157, art. 2(a)

[^key-d8f631310f1337a62fbecfa0f6acc71c]: Word in Sch. rule 10(5)(e) omitted (28.2.2011) by virtue of The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 23(a)(ii); S.S.I. 2011/157, art. 2(a)

[^key-2c40c8f35d8205f8e85508ae3efa957e]: Sch. rule 10(5)(g) and word inserted (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 23(a)(iii); S.S.I. 2011/157, art. 2(a)

[^key-d7c7da777df161864ddac03088e19b46]: Sch. rule 10(12) substituted (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 23(b); S.S.I. 2011/157, art. 2(a)

[^key-4a45033ffe5eb1d7239c674edea04be8]: Words in Sch. rule 10(3)(a)(i) substituted (5.2.2013) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2012 (S.I. 2012/3171), art. 1, Sch. rule 25(3)(a)

[^key-396a48e218f42b5206b4347efea95bb2]: Words in Sch. rule. 10(3)(c)(i) substituted (5.2.2013) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2012 (S.I. 2012/3171), art. 1, Sch. rule 25(3)(b)

[^key-94350b97156b18bfc88de9695821a4e1]: Words in Sch. rule 10(3)(d)(i) substituted (5.2.2013) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2012 (S.I. 2012/3171), art. 1, Sch. rule 25(3)(c)

[^key-203f2799be0434aaac7b5dbab2b39f49]: Sch. rule 10(3)(b) substituted (5.2.2013) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2012 (S.I. 2012/3171), art. 1, Sch. rule 25(4)

[^key-73f90222b99b8a31582dd683f01ae2e7]: Sch. rule 10(3)(c)(ii)(aa) substituted (5.2.2013) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2012 (S.I. 2012/3171), art. 1, Sch. rule 25(5)

[^key-c484af6a58d86f27b0cf3abc13132788]: Sch. rule 10(3A)(3B) inserted (5.2.2013) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2012 (S.I. 2012/3171), art. 1, Sch. rule 25(6)

[^key-8808bbcf4b9f88e2de9ea2620207d8d2]: Words in Sch. rule 10(5) substituted (5.2.2013) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2012 (S.I. 2012/3171), art. 1, Sch. rule 25(7)

[^key-c50c866fef596a86def3fa68a0b5dc15]: Sch. rule 10(3)(ga) inserted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 rule 39(b)

[^key-9ef1e5874de7c90772aacc516f9574a7]: Sch. rule 10(2)(a)(ii)(cc) inserted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 para. 39(a)

[^key-95d31927e07ec7f34645c73afcf826c1]: Sch. rule 11(4)(a)(iia) inserted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 rule 40

[^key-d12dd32c8c86cac1f4af636b33e07b3d]: Sch. rule 16(3)(a)(i)(ab) inserted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 rule 41

[^key-0c9ad888198884075becd1da3a186855]: Sch. rule 8A inserted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 3

[^key-1e9aa7cad7a6000e198bc1fdfc2f47bc]: Word in Sch. rule 10(2)(a)(iii)(bb) omitted (21.11.2016) by virtue of The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 4(2)(a)

[^key-ba1213d3115cbe1dd0d46d5227d7eaca]: Sch. rules 10(2)(a)(iii)(dd)(ee) inserted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 4(2)(b)

[^key-4b7ce6c1292bd5d45f80a4a4f0e3fc53]: Words in Sch. rule 10(3)(a)(i) substituted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 4(3)(a)

[^key-5e2fb3ff6cce92b28db085d05231ee5d]: Words in Sch. rule 10(3)(c)(i) substituted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 4(3)(a)

[^key-326733a76fea663f3d5e3325e0c13385]: Words in Sch. rule 10(3)(d)(i) substituted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 4(3)(a)

[^key-aa5f693f7d7daa73aa303b57ae60a432]: Word in Sch. rule 10(3)(j) omitted (21.11.2016) by virtue of The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 4(3)(b)

[^key-b74e3b916a29a55a9d02fd3ff17771c1]: Sch. rule 10(3)(l) and word inserted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 4(3)(c)

[^key-b8bec631991f3cf4c263a63c1d0ebdb3]: Sch. rule 10(3A) substituted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 4(4)

[^key-3421d923ce35ce3bf9b187dd32af3915]: Words in Sch. rule 10(5) substituted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 4(5)(a)

[^key-eb9caee7104c7ab9a7ec1392ffb14512]: Word in Sch. rule 10(5)(f) omitted (21.11.2016) by virtue of The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 4(5)(b)

[^key-4f968a8917b85153b9f1f0f05708eb46]: Sch. rule 10(5)(h) and word inserted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 4(5)(c)

[^key-a7fa2d27e03c743f9fbefc21aa2505b7]: Words in Sch. rule 11(4)(a)(iia) substituted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 5(2)(a)

[^key-4813f61465abd3d9509793cd1ba300b8]: Sch. rule 11(4)(a)(iib)(iic) inserted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 5(2)(b)

[^key-1211769345936a93b30579b8ae0175da]: Word in Sch. rule 11(4)(iv) omitted (21.11.2016) by virtue of The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. para. 5(2)(c)

[^key-b2c54666567842fb2b335f0850f418e5]: Sch. rule 11(4)(a)(vi) and word inserted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 5(2)(d)

[^key-733beb6aaa0e1fbbff165381daf1f9ad]: Sch. rule 11(5A) inserted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 5(3)

[^key-3dd08ca1e63b058e8c65563a15c8bb5a]: Words in Sch. rule 11(6)(b) inserted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 5(4)

[^key-09dac56ca0d9f3b226d798e8392e1dd8]: Word in Sch. rule 12(3)(a)(v) omitted (21.11.2016) by virtue of The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 6(a)

[^key-91cb569355f31a3458406ff37b852573]: Sch. rule 12(3)(a)(va) inserted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 6(b)

[^key-26ae9786ce1361c9b69cec2c60a75426]: Sch. rule 13(4)(b)(iiia) inserted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 7(2)

[^key-bdd42299cdb0a131a46227cf845a18f6]: Words in Sch. rule 13(6)(b) inserted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 7(3)

[^key-ccefdcb616bea2731624b01a8af209b2]: Word in Sch. rule 16(3)(a)(ii)(bb) omitted (21.11.2016) by virtue of The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 8(2)(a)

[^key-7da5946ad186143d74728cc57529eb10]: Sch. rule 16(3)(a)(ii)(dd)(ee) inserted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 8(2)(b)

[^key-f15d3e39f7638074c641c2bb24c93fa0]: Word in Sch. rule 16(3)(a)(iii) (aa)(bb) substituted (21.11.2016) by The General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2016 (S.I. 2016/1008), art. 1, Sch. rule 8(2)(c)(i)