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Article 17 Form, manner and content of applications for registration in the Register of Pharmacists or retention in that register

Original text. Later amendments are not shown.

(1)

The Council may make such provision in rules in connection with applications for registration in the Register of Pharmacists, or for retention in that register, as it considers appropriate, and may in particular make provision with regard to—

(a)

the form and manner in which applications are to be made (and the rules may provide that applicants shall apply using application forms and presenting certificates that are in such form as the Council may determine from time to time);

(b)

the information to be provided by or in respect of the applicant, including—

(i)

the name under which he practises or intends to practise, or in the case of a person who does not intend to practise, the name by which he is generally known,

(ii)

his home address, and

(iii)

the information to be provided for the purposes of determining whether the applicant’s fitness to practise is impaired; and

(c)

consultation, as regards the application, with a fitness to practise committee.

(2)

The Registrar may—

(a)

refuse to register an applicant for entry in the Register of Pharmacists; or

(b)

refuse to retain in that register a person who wishes to be retained in that register, and so remove him from it,

if he fails to comply with, or if in respect of him there is a failure to comply with, rules made under paragraph (1).

(3)

If a person who is registered in the Register of Pharmacists fails to comply with rules made under paragraph (1) in respect of applications for retention in that register, or there is a failure to comply with such rules in respect of him, the failure may be treated as misconduct for the purposes of article 48(1)(a) and the Registrar shall consider, in accordance with article 49(1), whether or not to refer the matter to the relevant fitness to practise committee.

(4)

As regards an exempt person (“E”) who is making an application for entry in the Register of Pharmacists, the Registrar shall accept as sufficient evidence that his fitness to practise is not impaired a document—

(a)

to which paragraph (5) applies, as regards his physical or mental health; and

(b)

to which paragraph (6) applies, as regards his good character or repute,

if it is presented to the Registrar within the period of three months beginning with its date of issue.

(5)

This paragraph applies to a document that attests to E’s good physical and mental health, and—

(a)

which is required in E’s relevant European State of origin or the relevant European State from which he comes (“E’s attesting State”), if he wishes to start practising as a pharmacist there; or

(b)

if—

(i)

no such document as mentioned in sub-paragraph (a) is required in E’s attesting State, and

(ii)

rules under paragraph (1) require the presentation of a certificate attesting to an applicant’s good physical and mental health in a particular form,

which is issued by a competent authority in E’s attesting State and which is in a form that corresponds to that particular form.

(6)

This paragraph applies to a document that attests to E’s good character or repute—

(a)

which is required in E’s attesting State, if he wishes to start practising as a pharmacist there; or

(b)

if no such document as mentioned in sub-paragraph (a) is required in E’s attesting State—

(i)

containing an extract from the judicial record issued by a competent authority in E’s attesting State, or

(ii)

which is a certificate issued by a competent authority in E’s attesting State and which is equivalent to an extract from that State’s judicial record,

unless that document may be or has been revised or rescinded as a consequence of an approach made by the Society to the competent authority which issued it, in accordance with article 8(3) of the Pharmacy Qualifications Directive.