UK Offence Report

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

UK Statutory Instrument 2010 No. 1617 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
28 June 2010
In force from
27 September 2010
Extent
Not stated
Subject
Drugs and medicines
Made under
Medicines Act 1968

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

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)).

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