6.—(1) Subject to the following provisions of this rule, applicants for registration in the Register of Pharmacists shall apply using the relevant application form, which shall be in such form as the Council shall determine from time to time.
(2) The application form shall—
(a)require the applicant—
(i)to specify the part of the register in which registration is sought, and if the applicant wishes to be registered in Part 2, to give the undertaking referred to in article 11(2) of the Order,
(ii)to provide his full home address and contact details (including a telephone number and electronic mail address, where possible),
(iii)to declare in terms that he—
(aa)agrees, upon registration with the Society, to adhere to the standards, and
(bb)understands that, in the event that he is found to have given false or misleading information in connection with his application for registration, he may be removed from the register,
(iv)to provide any necessary supporting documentation, as mentioned in paragraph (3),
(v)to sign and date the application, and
(vi)in the case of persons who have qualified within Great Britain, to have the form countersigned and dated by a pharmacist who is registered in the practising part of the register and who is in good standing with the Society;
(b)include a demand that the applicant pay any relevant prescribed fee;
(c)request the applicant to provide information relating to the applicant's gender, ethnicity and any disability, for monitoring purposes.
(3) A person applying for registration shall provide to the Registrar, together with his application form—
(a)evidence of his identity in the form of—
(i)his passport (or true copy of it, certified by a notary) or another document which is considered acceptable by the Registrar as proof of his 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;
(b)where the applicant wishes to use a registered name which is different to the name given on the evidence of his identity—
(i)the relevant marriage certificate or certificate of civil partnership,
(ii)the relevant certificate of change of name, or
(iii)evidence of the change of name in the form of a statutory declaration;
(c)evidence of his date of birth in the form of—
(i)his passport (or a true copy of it, certified by a notary) or the other document considered acceptable under paragraph (3)(a)(i), and
(ii)either—
(aa)his birth certificate (or a certified true copy of it), or
(bb)a statutory declaration;
(d)where an applicant seeks to rely on rights acquired by virtue of marriage or civil partnership to a national of a relevant European State—
(i)sufficient evidence (in the opinion of the Registrar) of the marriage or civil partnership,
(ii)the passport (or a true copy of it, certified by the Registar) of the partner that is the national of a relevant European State, and
(iii)an explanation, together with any relevant supporting evidence, as to why the applicant is entitled to be treated as an EEA national;
(e)sufficient evidence (in the opinion of the Registrar) that he is appropriately qualified;
(f)as regards the good physical and mental health of the applicant, in the case of—
(i)an exempt person, a document (which, if it is not in English, the Registrar may require to be translated by a professional translator acceptable to him), issued no more than three months prior to the date on which it is presented to the Registrar, which attests to his good physical and mental health, and which is sufficient evidence of his good physical and mental health for the purposes of article 17(4)(a) of the Order, or
(ii)in the case of any other person (or an exempt person who chooses to attest to his physical and mental health in this way), a self declaration, in the form determined by the Council from time to time, of his good physical and mental health, which is signed and dated by the applicant;
(g)sufficient evidence (in the opinion of the Registrar) of his good character or repute, which in the case of an exempt person who is considered appropriately qualified by virtue of article 12(1)(b) of the Order, need only include—
(i)a document (which, if it is not in English, the Registrar may require to be translated by a professional translator acceptable to him), issued no more than three months prior to the date on which it is presented to the Registrar, which is sufficient evidence of his good character or repute for the purposes of article 17(4)(b) of the Order, and
(ii)a self declaration in respect of the matters set out in article 48(1)(e) to (k) of the Order, in the form determined by the Council from time to time, of his good character or repute, which is signed and dated by the applicant,
but which in other cases shall include a self declaration (in respect of the matters set out in article 48(1)(e) to (k) of the Order, in the form determined by the Council from time to time, of his good character or repute, which is signed and dated by the applicant) and may include the additional matters set out in paragraph (4); and
(h)such additional documents, information or evidence as the Registrar may reasonably require for the purposes of verifying the information in, or determining, the application.
(4) The additional matters referred to in paragraph (3)(g) are—
(a)a completed and signed application form and authorisation for the Registrar to obtain a certificate of enhanced disclosure from the Criminal Records Bureau;
(b)where the applicant has previously obtained a certificate of standard or enhanced disclosure from the Criminal Records Bureau for the purpose of applying to be entered on a list of performers or providers of pharmaceutical services as part of the health service, a certified true copy of that certificate;
(c)where the applicant has been the subject of a determination by a regulatory body that his fitness to practise is impaired, or a determination to the same effect, details of any investigations, the proceedings and the outcome;
(d)in the case of a pharmacist who qualified or has practised outside Great Britain, a certificate of good standing or current professional status issued no more than six months prior to the date of the application—
(i)by the appropriate authority of the country in which the pharmacist qualified, and
(ii)by the appropriate authority of every country in which the pharmacist has practised within the five years immediately preceding the date of the application;
(e)in the case of an applicant who obtained his degree in the United Kingdom, confirmation from the university which awarded the degree that nothing adverse is known about the applicant.
(5) 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 Disciplinary Committee in respect of the application.
(6) In making a decision about an applicant's good character, the Registrar shall have regard to the matters set out in the Society's Good Character Assessment Framework, published by the Council under article 45(1) of the Order.
(7) 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 Health Committee in respect of the application.
(8) The Registrar shall refuse the application if the applicant does not pay the relevant prescribed fee.
7.—(1) Each registrant who appears in the Register of Pharmacists on 1st January of any calendar year shall be liable to pay the retention fee for that year.
(2) Subject to the following provisions of this rule, applicants for retention in the Register of Pharmacists shall apply using the relevant application form, which shall be in such form as the Council shall determine from time to time, and which shall include the retention fee notice.
(3) The Registrar shall send to each registrant an application form for retention in the register at least one month before the date on which the retention fee falls due.
(4) If a registrant has not received an application form for retention in the register by 10th December of any year, he must notify the Registrar accordingly.
(5) The application form shall (amongst other matters)—
(a)include a demand that the registrant pay the retention fee by 1st January;
(b)require the registrant to declare in terms—
(i)his intention to adhere (or continue to adhere) to the standards,
(ii)whether he is practising or non-practising,
(iii)any criminal convictions or police cautions not previously notified to the Society, and
(iv)any findings of impairment of his fitness to practise made by a regulatory body which have not previously been notified to the Society;
(c)inform the registrant in terms that if the declaration included in the application is not completed to the satisfaction of the Registrar, the Registrar will not process the application and the registrant will be deemed to have failed to pay the retention fee; and
(d)inform the registrant in terms that in the event he is found to have given false or misleading information in connection with the retention of him on the register, that may be treated as misconduct for the purposes of article 48(1)(a) of the Order, which may result in his removal from the register.
(6) Where a registrant has failed to pay the retention fee by 1st January of the year to which the fee relates, the Registrar shall serve on that registrant a final demand informing him in terms that—
(a)no further warning will be given; and
(b)failure to pay the retention fee within two months from the date of the final demand will result in removal of him from the register.
(7) Subject to paragraph (8), where a registrant has failed to pay the retention fee by the date notified in accordance with paragraph (6), the Registrar shall remove him from the register.
(8) If either there is an ongoing fitness to practise investigation or there are ongoing fitness to practise proceedings in respect of the registrant, the Registrar shall not remove him from the register under paragraph (7), except in exceptional cases where the public interest would be best served by doing so.
8.—(1) Subject to the following provisions of this rule, registrants wishing to move to a different part of the register shall apply using the relevant application form, which shall be in such form as the Council shall determine from time to time.
(2) The application form shall (amongst other matters)—
(a)include a demand that the applicant pay any relevant prescribed fee;
(b)require the applicant, if he wishes to move to Part 1 of the register, to declare in terms that—
(i)he agrees, upon moving to Part 1 of the register, to adhere to the standards, and
(ii)he understands that, in the event that he is found to have given false or misleading information in connection with his application, that may be treated as misconduct for the purposes of article 48(1)(a) of the Order, which may result in his removal from the register;
(c)require the applicant to provide any necessary supporting documentation, information or evidence as mentioned in the application form, and such additional documents, information or evidence as the Registrar may reasonably require for the purposes of verifying the information in and determining the application; and
(d)require the applicant to sign and date the application.
(3) Before deciding whether or not to grant an application, the Registrar may seek the advice of the Health or Disciplinary Committee in respect of the application.
(4) The Registrar shall refuse the application if the applicant does not pay the relevant prescribed fee.
9.—(1) Subject to the following provisions of this rule, a registered pharmacist seeking an annotation to the Register of Pharmacists, or the restoration of an annotation to the Register of Pharmacists, to denote he is a supplementary prescriber or an independent prescriber M1 shall apply using the relevant application form, which shall be in such form as the Council shall determine from time to time.
(2) The application form shall (amongst other matters)—
(a)include a demand that the applicant pay any relevant prescribed fee; and
(b)require the applicant—
(i)to provide any necessary supporting documentation, information or evidence as mentioned in the application form, and such additional documents, information or evidence as the Registrar may reasonably require for the purposes of verifying the information in and determining the application, and
(ii)to sign and date the application.
(3) The Registrar shall refuse the application if the applicant does not pay the relevant prescribed fee.
(4) Each registered pharmacist whose entry in the Register of Pharmacists on 1st January of any calendar year is annotated to the effect that he is a supplementary prescriber or an independent prescriber shall be liable to pay the retention fee in respect of that annotation for that year.
(5) Subject to the following provisions of this rule, applicants for retention of such an annotation shall apply using the relevant application form, which shall be in such form as the Council shall determine from time to time.
(6) The Registrar shall send to each registrant whose entry in the register is annotated an application form for retention of the annotation at least one month before the date on which the retention fee in respect of that annotation falls due.
(7) If a registrant with an annotation has not received an application form for retention of the annotation by 10th December of any year, he must notify the Registrar accordingly.
(8) The application form for retention of the annotation shall (amongst other matters) include a demand that the registrant pay the retention fee in respect of the annotation by 1st January.
(9) Where a registrant has failed to pay the retention fee in respect of an annotation by 1st January of the year to which the fee relates, the Registrar shall serve on that registrant a final demand informing him in terms that—
(a)no further warning will be given; and
(b)failure to pay the retention fee in respect of the annotation within two months from the date of the final demand will result in removal of the annotation.
(10) Where a registrant has failed to pay the retention fee in respect of the annotation by the date notified in accordance with paragraph (9), the Registrar shall remove the annotation from the Register of Pharmacists.
(11) The Registrar shall remove any annotation in the Register of Pharmacists to denote that a registrant is a supplementary prescriber or an independent prescriber where doing so is necessary to give effect to a decision of a fitness to practise committee.
Marginal Citations
M1These are the only specialisations that are currently subject to annotations.
10.—(1) Subject to the following provisions of this rule, a registrant seeking voluntary removal from the register, or of an annotation to the register, shall apply using the relevant application form, which shall be in such form as the Council shall determine from time to time.
(2) The application form for a registrant seeking voluntary removal from the register shall (amongst other matters—
(a)include a demand that the applicant pay any relevant prescribed fee; and
(b)require the applicant—
(i)if he is a superintendent pharmacist, to state this fact,
(ii)to declare in terms that he is not aware of any investigation by any enforcement or regulatory body, or proceedings brought by such a body, that relate to his fitness to practise, or of any act or omission on his part which might render him liable to an allegation being referred to the Society that his fitness to practise is impaired,
(iii)to provide any necessary supporting documentation, information or evidence as mentioned in the application form, and such additional documents, information or evidence as the Registrar may reasonably require for the purposes of verifying the information in and determining the application, and
(iv)to sign and date the application.
(3) Upon receipt of an application for voluntary removal from the register, the Registrar shall make such inquiries as he considers necessary to satisfy himself that there are no ongoing investigations or outstanding proceedings relating to the registrant's fitness to practise.
(4) Upon receipt of an application for voluntary removal of an annotation to the register, the Registrar shall make such inquiries as he considers necessary in the circumstances of the case, and if he decides to grant the application, he shall correct the register accordingly.
(5) The Registrar shall refuse the application if the applicant does not pay the relevant prescribed fee.
(6) The Registrar shall not grant an application for voluntary removal from the register unless—
(a)he is satisfied that there are no ongoing investigations or outstanding proceedings relating to the registrant's fitness to practise; or
(b)in exceptional cases, where there are such investigations or proceedings, he considers that the public interest would be best served by granting the application,
(7) Where an application for voluntary removal from the register has been granted, the Registrar shall remove him from the register and publish that fact in the Pharmaceutical Journal and on the Society's website M2.
Marginal Citations
M2The Society's website is at www.rpsgb.org.uk.
11.—(1) Where the Registrar becomes aware that an application for voluntary removal from the register—
(a)has been granted in reliance upon information provided by the former registrant relating to fitness to practise matters that was false or misleading; and
(b)but for that information, the application would have been refused by virtue of rule 10(6),
the Registrar shall rescind the decision to grant the application (and accordingly, the former registrant again becomes a registrant).
(2) That information shall be treated as information which calls into question the registrant's fitness to practise for the purposes of article 49(1)(b) of the Order.
12.—(1) Where a person—
(a)has been removed from the register under article 17(2)(b) or 33(2) or (3) of the Order, or under rule 7(7) or 10(6); and
(b)is seeking restoration to the register within twelve months of his removal from it,
subject to the following provisions of this rule, he shall apply using the relevant application form, which shall be in such form as the Council shall determine from time to time M3.
(2) The application form shall (amongst other matters)—
(a)include a demand that the applicant pay any relevant prescribed fee; and
(b)require the applicant—
(i)to declare in terms that he is not aware of any investigation by any enforcement or regulatory body, or proceedings brought by such a body, that relate to his fitness to practise, or of any action or omission on his part which might render him liable to an allegation being referred to the Society that his fitness to practise is impaired,
(ii)to provide any necessary supporting documentation, information or evidence as mentioned in the application form, and such additional documents, information or evidence as the Registrar may reasonably require for the purposes of verifying the information in and determining the application, and
(iii)to sign and date the application.
(3) The Registrar shall refuse the application if the applicant does not pay—
(a)the relevant prescribed fee relating to the application; and
(b)if the applicant was removed from the register under rule 7(7), the fee that was outstanding at the time that he was removed.
(4) The Registrar shall refuse the application if the applicant was removed because of a failure to provide documentation, evidence or information and that documentation, evidence or information is not included in his application.
Marginal Citations
M3All other persons removed under these Rules, apart from rule 4(5), or removed under Parts 2 to 4 of the Order, shall apply in accordance with rule 6.
13. The registrant shall notify the Registrar forthwith of—
(a)any change to the name under which he practises, or if he does not practise, the name by which he is generally known;
(b)any change to his home address or other contact details that he has notified to the Society.
14. The Registrar may decide, at his discretion, not to charge a prescribed fee or to waive it in whole or in part.