(b) the person concerned who is required to undertake such an examination or other assessment to provide information in respect of that examination or assessment to such persons as may be prescribed under the rules;

(c) the information provided by virtue of sub-paragraph (b) to be disclosed to such persons as may be prescribed under the rules.

Interim orders

Restoration of names to the Register: fitness to practise

Appeals against appealable fitness to practise decisions

The taking effect of directions in respect of appealable fitness to practise decisions

Interim measures pending a direction taking effect

Supplementary provisions as to necessary knowledge of English

23A

(1) The Council must publish guidance about—

(a) the evidence, information or documents to be provided by an applicant for the purpose of satisfying the Registrar under article 20(1)(a)(iia) or (2)(a)(iia) that the applicant has the necessary knowledge of English; and

(b) the process by which the Registrar is to determine whether the Registrar is satisfied as mentioned in paragraph (a).

(2) The Registrar must have regard to the guidance published under paragraph (1) in determining whether the Registrar is satisfied as mentioned in paragraph (1)(a).

(3) Paragraphs (4) and (6) apply if, having considered any evidence, information or documents provided by the applicant in support of the applicant’s application, the Registrar is not satisfied under article 20(1)(a)(iia) or (2)(a)(iia) that the applicant has the necessary knowledge of English.

(4) The Registrar may request the applicant to provide further evidence, information or documents within such period as the Registrar may specify.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The Registrar may require the applicant—

(a) to undergo an examination or other assessment; and

(b) to provide information in respect of that examination or assessment,

within such period as the Registrar may specify.

(6A) Where the Registrar requires a specified state professional to undergo an examination or other assessment, the examination or assessment must be proportionate to the level of English required to satisfy the Registrar under this article.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Guidance published under paragraph (1) may make different provision in relation to different cases or classes of case.

(9) Before issuing such guidance, or varying or withdrawing it, the Council must consult such persons or organisations as it considers appropriate, including, where it considers appropriate, persons appearing to it to represent the organisations specified in article 5(1)(a) to (g).

(10) In this article, references to an applicant are references to a person applying under article 23 for entry or renewal of entry in Part 1 of the Register as a pharmacist, or in Part 2 of the Register as a pharmacy technician.

Notification by the Registrar: entry and renewal

Duration of entry

Notice of entry in the Register

Specialisations: registrants and registered pharmacies

Registrants’ duties with regard to their entries

Corrections to the Register

Fitness to practise matters before entry or renewal of an entry

Voluntary removal from the Register

Indemnity arrangements

Visiting pharmacists and pharmacy technicians from relevant European States

Temporary entry with regard to emergencies involving loss of human life or human illness etc.

Temporary annotations with regard to emergencies involving loss of human life or human illness etc.

Fees in connection with entry

Restoration to the Register of persons or premises removed from the Register

Offences relating to the Register

Appealable decisions

Appeals to the Appeals Committee

Appeals from the Appeals Committee

European professional card

33A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary entry with regard to emergencies involving loss of human life or human illness etc.

Temporary annotations with regard to emergencies involving loss of human life or human illness etc.

Fees in connection with entry

Restoration to the Register of persons or premises removed from the Register

Offences relating to the Register

Appealable decisions

Appeals to the Appeals Committee

Appeals from the Appeals Committee

Professional traineeships carried out in other relevant European States, etc.

42A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Continuing professional development

Specific obligations and powers of the Council in respect of education and training

Visitors

Information to be given by institutions or other providers

Refusal or withdrawal of approval of courses, qualifications and institutions

Review

71

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

First provision of services: visiting practitioners from Northern Ireland

4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

First provision of services: supplementary

Entitlement to provide occasional pharmacy services after the first year: renewals

Duration of entitlement to provide occasional pharmacy services

Conditions

SCHEDULE 2A — Directive 2005/36/EC: European professional card

PART 1 — General

Introductory

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — General functions of the Council in relation to European professional cards

Council not to request resubmission of valid documents

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to revoke a European professional card

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rectification of the European professional card or the IMI file

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to give reasons and to notify of right of appeal

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Updating the IMI file: disciplinary action or criminal sanctions

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Access to data

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Processing data

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — European professional cards for establishment in the United Kingdom or another relevant European State

European professional cards for establishment in a host State other than the United Kingdom

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of European professional card for establishment in Great Britain

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 — European professional cards for the provision of occasional pharmacy services in a relevant European State other than the United Kingdom

Issue of European professional card for the provision of occasional pharmacy services in a host State other than the United Kingdom

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation of a European professional card for the provision of occasional pharmacy services in a host State other than the United Kingdom

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5 — European professional card: requirements and entitlements as to registration

Requirement to register: establishment cases

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entitlement to registration: provision of occasional pharmacy services

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6 — Conditions in relation to fitness to practise

Conditions in relation to fitness to practise: providers of occasional pharmacy services

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

European qualifications: pharmacists

21A

(1) Subject to the following provisions of this article, a qualification falls within this article if it was awarded in a relevant European State and is listed in Annex V, point 5.6.2 of the Directive.

(2) A qualification falls within this article only if it is accompanied, where applicable, by the certificate listed in relation to the qualification in the column entitled “Certificate accompanying the diploma” in Annex V, point 5.6.2 of the Directive.

(3) A qualification does not fall within this article if it was awarded before the reference date, or is evidence of training begun before that date.

(4) In paragraph (3) “reference date” means the date listed in relation to the State in which the qualification was awarded in the column entitled “Reference date” in Annex V, point 5.6.2 of the Directive.

Pre-entry requirements in respect of qualifications and additional education, training or experience: pharmacy technicians

Form, manner and content of applications for entry or for renewal of an entry in the Register: pharmacists and pharmacy technicians

Supplementary provisions as to necessary knowledge of English

Notification by the Registrar: entry and renewal

Duration of entry

Notice of entry in the Register

Specialisations: registrants and registered pharmacies

Registrants’ duties with regard to their entries

Corrections to the Register

Fitness to practise matters before entry or renewal of an entry

Voluntary removal from the Register

Indemnity arrangements

Visiting pharmacists and pharmacy technicians from relevant European States

European professional card

Temporary entry with regard to emergencies involving loss of human life or human illness etc.

Temporary annotations with regard to emergencies involving loss of human life or human illness etc.

Fees in connection with entry

Restoration to the Register of persons or premises removed from the Register

Offences relating to the Register

Appealable decisions

Appeals to the Appeals Committee

Appeals from the Appeals Committee

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 20: further provision relating to specified state professionals

20A

(1) This article applies where a person holds a specified state qualification which is not a relevant European qualification and wishes to be registered under article 20.

(2) This article does not apply if the qualification held by the person is not a relevant European qualification because Condition 3 in article 21(1G) or, as the case may be, 22(1D) is met in relation to it.

(3) Where this article applies, the Council must specify what aptitude test or adaptation period, or aptitude test and adaptation period, must be passed or successfully completed by the person.

(4) An aptitude test or adaptation period specified under this article, or an aptitude test and adaptation period together specified under this article, must be proportionate to the difference sought to be addressed.

(5) The Council must give a person its reasons for specifying in relation to the person an aptitude test or an adaptation period, or both, if the person makes a written request for them.

(6) Where the Council specifies an aptitude test under this article, the Council must ensure that such aptitude tests are scheduled with reasonable frequency and at least once a year.

European qualifications: pharmacists

Pre-entry requirements in respect of qualifications and additional education, training or experience: pharmacy technicians

Form, manner and content of applications for entry or for renewal of an entry in the Register: pharmacists and pharmacy technicians

Supplementary provisions as to necessary knowledge of English

Notification by the Registrar: entry and renewal

Duration of entry

Notice of entry in the Register

Specialisations: registrants and registered pharmacies

Registrants’ duties with regard to their entries

Corrections to the Register

Fitness to practise matters before entry or renewal of an entry

Voluntary removal from the Register

Indemnity arrangements

Visiting pharmacists and pharmacy technicians from relevant European States

European professional card

Temporary entry with regard to emergencies involving loss of human life or human illness etc.

Temporary annotations with regard to emergencies involving loss of human life or human illness etc.

Fees in connection with entry

Additional requirements for specified state professionals

36A

Any fee prescribed by the Council under article 36(1) in connection with the making of an entry in the register relating to a specified state professional must be—

(a) reasonable and proportionate to the cost of dealing with such an applicant’s application;

(b) transparent, and made public in advance; and

Restoration to the Register of persons or premises removed from the Register

Offences relating to the Register

Appealable decisions

Appeals to the Appeals Committee

Appeals from the Appeals Committee

Information for specified state professionals

48A

(1) The Council must make information about the following matters available to specified state professionals—

(a) the relevant laws to be applied regarding disciplinary action, financial responsibility or liability and other relevant matters;

(b) the principles of discipline and enforcement of professional standards, including disciplinary jurisdiction and consequential effects on practising professional activities;

(d) the criteria for, and procedures relating to, removal from the register;

(e) the documentation required of specified state professionals and the form in which it should be presented; and

(f) the documents and certificates issued in relation to professional qualifications or other conditions that apply to the practice of registrants that are acceptable to the Council.

(2) The Council must deal promptly with enquiries from specified state professionals about conditions that apply to the practice of registrants.

Disclosure of information: general

Disclosure of fitness to practise matters in the public interest

Impairment of fitness to practise

Initial action in respect of allegations

Consideration by the Investigating Committee

Consideration by the Fitness to Practise Committee

Professional performance assessments

Knowledge of English assessments

Interim orders

Restoration of names to the Register: fitness to practise

Appeals against appealable fitness to practise decisions

The taking effect of directions in respect of appealable fitness to practise decisions

Interim measures pending a direction taking effect

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