The Royal Pharmaceutical Society of Great Britain (Registration Rules) Order of Council 2007

PART 4 E+W+S Fraudulent and incorrect entries

Notice of Intention to Remove: stage one E+W+S

15.— [F1 (1) Where the Registrar has reasonable grounds for believing—

(a) that a registrant’s entry in the register may have been fraudulently procured or incorrectly made; or

(b) that the fitness to practise of a person who is registered in Part 1 or 2 of the register was impaired at the time of his registration and he had not informed the Registrar of the relevant matter (that is, serious, specific circumstances or a problem with his physical or mental health for the purposes of article 35(1)(a) of the Order) before his registration,

paragraph (2) applies.]

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

(a) may serve a Notice of Intention to Remove on that registrant; and

(b) shall consider whether or not to refer the matter to the Health Committee or the Disciplinary Committee for it to consider making an order under article 54 of the Order.

(3) If the Registrar has reasonable grounds for believing that the registrant's fitness to practise is impaired, he may decide to consider the matter in accordance with article 49(1) of the Order, instead of serving a Notice of Intention to Remove.

(4) Before serving a Notice of Intention to Remove, the Registrar may make such inquiries, including the instruction of external agents and investigators, and the commissioning of medical reports, as he considers necessary or expedient.

(5) The Notice of Intention to Remove shall—

(a) set out the grounds for believing that the registrant's—

(i) entry in the register may have been fraudulently procured or incorrectly made, or

(ii) fitness to practise was impaired at the time of his registration and he had not informed the Registrar of the relevant matter before his registration;

(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 him from the register;

(c) invite the registrant to submit written representations and any relevant evidence to the Registrar, no later than 28 days after service of the Notice, as to why he should not be removed from the register;

(d) inform the registrant that, should he fail to submit written representations to the Registrar within the period stipulated in sub-paragraph (c), he shall be removed from the register; and

(e) except in cases where the Registrar has reasonable grounds for believing that the registrant's entry in the register was incorrectly made, invite him to indicate whether or not he wishes the matter to be considered at a hearing.

Textual Amendments

F1 Sch. rule 15(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 107(7)

Subsequent action by Registrar: stage two E+W+S

16.—(1) Where the Registrar has not received any representations from the registrant within the period stipulated in rule 15(4)(c), he shall remove that person from the register.

(2) Where the Registrar does receive representations within the period stipulated in rule 15(4)(c), he—

(a) shall consider the representations and any evidence received; and

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

(3) Where the Registrar is satisfied that the registrant's—

(a) entry in the register was not fraudulently procured or incorrectly made; or

(b) fitness to practise was not impaired at the time of his registration, or that it was so impaired but he had informed the Registrar of the relevant matter before his registration,

he shall close the matter and advise the registrant accordingly.

(4) Where the Registrar is minded to determine that the registrant's—

(a) entry in the register may have been fraudulently procured or incorrectly made, or

(b) fitness to practise was impaired at the time of his registration and he had not informed the Registrar of the relevant matter before his registration,

if he is minded to rely, when making that determination, on evidence that he has obtained as a result of his further inquiries, paragraph (5) applies, but in all other cases, he shall move to determine the matter in accordance with rule 17(1)(b) or (2).

(5) Where this paragraph applies, the Registrar shall send to the registrant the additional evidence on which he is minded to rely, and if the registrant has not already requested a hearing or is not entitled to one, invite him, 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 registrant's entry in the register was incorrectly made, invite him (again) to indicate whether or not he wishes the matter to be considered at a hearing.

Decisions in contested cases: stage three E+W+S

17.—(1) If the registrant does not request a hearing or is not entitled to one—

(a) after the period stipulated in rule 16(5), or

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

the Registrar shall determine the matter.

(2) Where the registrant has requested a hearing (as a response either to the invitation in the Notice of Intention to Remove or the notification under rule 16(5))—

(a) the Registrar shall refer the matter to the Disciplinary Committee, which shall hold a hearing in accordance with the procedure set out in rule 20 onwards of the Fitness to Practise Rules, 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 Disciplinary Committee, he shall determine the matter.

(3) Where the Registrar determines that the registrant's—

(a) entry in the register may have been fraudulently procured or incorrectly made; or

(b) fitness to practise was impaired at the time of his registration and he had not informed the Registrar of the relevant matter before his registration,

he shall remove that person from the register, in accordance with article 34(3) or 35(1) of the Order, whichever is appropriate to his case, but in all other cases he shall close the matter and notify the registrant accordingly.