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

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Entry in the RegisterE+W+S

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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,

[F1(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, F2...

(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,

[F3(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—

(a)evidence of the applicant’s identity in the form of—

(i)the applicant’s passport [F4(or a copy of the passport [F5to which paragraph (3A) applies])] or another document which is considered acceptable by the Registrar as proof of the applicant’s identity, and

(ii)a photograph which is signed and dated by a legal or health care professional, justice of the peace or person of standing in the community who has known the applicant for at least two years and who certifies that the photograph is a true likeness of the applicant;

[F6(b)where the applicant wishes to use a registered name which is different from the name given on the applicant’s evidence of identity—

(i)a certificate demonstrating the change of name (or a copy of the certificate which meets whichever of the conditions set out in paragraph (3B)(a) or (b) is applicable), or

(ii)evidence of the change of name in the form of a statutory declaration;]

(c)evidence of the applicant’s date of birth in the form of—

(i)the applicant’s passport [F7(or a copy of the passport [F8to which paragraph (3A) applies])] or other document considered acceptable under paragraph (3)(a)(i), and

(ii)either—

[F9(aa)the applicant’s birth certificate (or a copy of the certificate which meets whichever of the conditions set out in paragraph (3B)(a) or (b) is applicable), or]

(bb)a statutory declaration;

(d)evidence of the applicant’s nationality in the form of—

(i)the applicant’s passport [F10(or a copy of the passport [F11to which paragraph (3A) applies])], or

(ii)any other documentation that is acceptable to the Registrar;

F12(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)evidence that the applicant is appropriately qualified as a pharmacist or a pharmacy technician within the meaning of article 21(1) or, as the case may be, 22(1) of the Order;

[F14(ga)evidence (including where appropriate a self-declaration in the form determined by the Council which is signed and dated by the applicant) that there is in force in relation to the applicant, or will be as necessary for the purpose of complying with article 32 of the Order, appropriate cover under an indemnity arrangement;]

F15(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)as regards the good physical and mental health of the applicant—

F17(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)F18... a self declaration in the form determined by the Council from time to time, of the applicant’s good physical and mental health, which is signed and dated by the applicant; F19...

(k)as regards the good character or repute of the applicant—

F20(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)F21... a self declaration, in the form determined by the Council from time to time, of the applicant’s good character or repute which states whether any of the matters set out in article 51(1)(e) to (n) of the Order exist in relation to the applicant and which is signed and dated by the applicant [F22; and

(l)evidence, information or documents demonstrating that the applicant has the necessary knowledge of English for the purpose of complying with article 20(1)(a)(iia) of the Order.]

F23(3ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24[F25(3A) This paragraph applies to a copy of—

(a)a United Kingdom passport within the meaning of the Immigration Act 1971 (whether or not the front cover of the passport is included in the copy); or

(b)any other passport,

which is certified by a notary, solicitor or Commissioner for Oaths as a true copy of an original passport referred to in sub-paragraph (a) or (b).]

(3B) The conditions referred to in paragraph (3)(b)(i) and (c)(ii)(aa) are—

(a)if the certificate was issued by the General Register Office for England and Wales or the General Register Office for Scotland, that the copy of it has been obtained from that Office; or

(b)if the certificate was not issued by either of those Offices, that the copy of it is certified as a true copy by a notary, solicitor or Commissioner for Oaths.]

(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) [F26The following may, in particular, be required under paragraph (4)—]

(a)a completed and signed application form and authorisation for the Registrar to obtain a certificate of enhanced disclosure from the Secretary of State F27...;

(b)where the applicant has previously obtained a certificate of standard or enhanced disclosure from the Secretary of State or, as the case may be, the Scottish Ministers for the purpose of applying to be entered on a list of performers or providers of pharmaceutical services as part of the health service, that certificate [F28(or a true copy of it certified by a notary, solicitor or Commissioner for Oaths)];

(c)where the applicant has been the subject of a determination by a regulatory body that the applicant’s fitness to practise is impaired, or a determination to the same effect, details of any investigations, the proceedings and the outcome;

(d)where the applicant is included in a barred list within the meaning of the Safeguarding Vulnerable Groups Act 2006(1) or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007(2) or is included in the children’s or the adults’ list within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007(3), details of that inclusion;

(e)in the case of an applicant who qualified or has practised as a pharmacist or pharmacy technician outside Great Britain, a certificate of good standing or current professional status issued no more than three months prior to the date of the application—

(i)by the appropriate authority of the country in which the applicant qualified, and

(ii)by the appropriate authority of every country in which the applicant has practised within the five years immediately preceding the date of the application; F29...

(f)in the case of an applicant who obtained a degree in the United Kingdom, confirmation from the university that awarded the degree that nothing adverse is known about the applicant [F30; F31...

(g)a disclosure request and any existing disclosure record] [F32; and

(h)in the case of an applicant who provided the evidence referred to in paragraph (3)(ga) by way of a self-declaration—

(i)a copy of any insurance policy or other arrangement indemnifying the applicant which is in force, or the details of any such policy or arrangement which will be in force, in relation to the applicant, and

(ii)a description of the activities which the applicant intends to undertake when practising as a pharmacist or, as the case may be, a pharmacy technician.]

(6) For the purposes of paragraph (5)(e) a certificate of good standing or current professional status is a certificate which contains the following information—

(a)the applicant’s full name, home address and date of birth;

(b)full details of the applicant’s education and qualifications in pharmacy;

(c)full details of the applicant’s entry in a register or part of a register maintained by the relevant competent authority or authorities;

(d)full details of any conditions to which the applicant’s entry in a register or part of a register is subject and of any restrictions on the applicant’s practice;

(e)full details of any fitness to practise matters in relation to the applicant including any warnings or advice given by, or undertakings agreed with, the relevant competent authority or authorities; and

(f)such other relevant information as the Registrar may reasonably request in relation to the applicant in the particular circumstances of the applicant’s case.

(7) Where the applicant is a person who has previously been entered in the Register, or part of the Register, the Registrar may dispense with any of the requirements under this rule for the applicant to provide such documents, information or evidence in support of the application as the Registrar may determine in the circumstances of the applicant’s case.

(8) Before deciding whether or not an applicant’s fitness to practise is impaired for reasons other than adverse physical or mental health, the Registrar may seek the advice of the Fitness to Practise Committee in respect of the application.

(9) In making a decision about the applicant’s good character, the Registrar must have regard, as appropriate, to the criteria specified in rule 5 of the Fitness to Practise Rules.

(10) Before deciding whether or not an applicant’s fitness to practise is impaired because of adverse physical or mental health, the Registrar may seek the advice of the Fitness to Practise Committee.

(11) The Registrar must refuse an application under this rule if the applicant has not paid, or has not made arrangements with the Registrar to pay by direct debit, the prescribed fees in respect of the application.

[F33(12) F34...“disclosure record” and “disclosure request” have the meaning given by section 97(1) (general interpretation) of the Protection of Vulnerable Groups (Scotland) Act 2007.”]

Textual Amendments

F1Sch. 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)

F2Word 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)

F3Sch. 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)

F4Words 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)

F5Words 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)

F6Sch. 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)

F7Words 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)

F8Words 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)

F9Sch. 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)

F10Words 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)

F11Words 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)