Explanatory note

This Order approves the General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 2011 (“the Rules”). The Rules were made by the General Pharmaceutical Council (“the Council”) under the Pharmacy Order 2010 (S.I. 2010/231) (“the Order”). The Rules set out matters relating to non-compliance by registrants with the requirements or conditions of the continuing professional development framework (“the framework”) and the making of false declarations about compliance. This framework is adopted by the Council under article 43(4)(a) of the Order and relates to standards of proficiency for the safe and effective practice of pharmacy which are set by the Council under the Order.

Rules 1 to 3 are general provisions.

Rule 4 sets out the circumstances in which a registrant is to be regarded as having failed to comply with the requirements or conditions of the framework or as having made a false declaration as to compliance. The steps which the Registrar can take on being satisfied that a registrant has failed to comply, or has made a false declaration, are set out in rule 5.

One of the steps available to the Registrar is to require a registrant to take remedial measures and rule 6 contains further provision about such measures and notifying the registrant about them.

The other steps set out in rule 5 are to remove an entry, or annotation, in respect of a registrant from the relevant part of the Register. The procedure for such cases is set out in rules 7 to 10. Under rule 7, the Registrar must determine whether to refer the matter to the Council's Investigating Committee or Fitness to Practise Committee if there are reasonable grounds to consider that the registrant's fitness to practise is called into question. If not, the Registrar serves a notice to inform the registrant of the proposal to remove the entry or annotation from the Register. Rule 7(5) sets out the information that must be provided in the notice. The Registrar then determines the matter in accordance with rules 8 and 9. Rules 8, 9 and 10 include provision about the circumstances in which a hearing is held and about notifying the registrant of the determination made in the registrant's case.

Rule 11 enables the Registrar to suspend a registrant's entry in the Register pending an appeal by the registrant against the Registrar's decision to remove the entry.

Rule 12 and the Schedule amend provisions in other Rules made by the General Pharmaceutical Council. The amendments are consequential on the provisions contained in the Rules scheduled to this Order.