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.
F2(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.
[F3(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.]
F4(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.]
Textual Amendments
F1Art. 23A inserted (1.6.2016) by The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 49; S.I. 2015/1451, art. 6(b)
F2Art. 23A(5) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 2 para. 15 (with reg. 12A, Sch. 2 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 10(3)-(7)); 2020 c. 1, Sch. 5 para. 1(1)
F3Art. 23A(6A) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 83
F4Art. 23A(7) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 2 para. 15 (with reg. 12A, Sch. 2 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 10(3)-(7)); 2020 c. 1, Sch. 5 para. 1(1)