Paragraph 8 Subsequent action by the Registrar: stage 2

(1)

Where—

(a)

the Registrar has served a Notice of Intention to Remove on a registrant; and

(b)

has not received any representations from the registrant within the 28 day period referred to in that notice (see rule 7(5)(d), (f) and (g)),

the Registrar may remove the registrant's entry, or annotation in respect of a specialisation, from Part 1 F1or 2 of the Register (as the case may be).

(2)

The following paragraphs apply where the Registrar has received representations from the registrant within the 28 day period referred to in the Notice of Intention to Remove.

(3)

The Registrar—

(a)

must consider the representations and any evidence received; and

(b)

may make such further inquiries (including obtaining legal advice) as the Registrar considers necessary or expedient.

(4)

The Registrar must close the matter and notify the registrant accordingly where the Registrar is satisfied that the registrant did not—

(a)

fail to comply with the requirements or conditions of the CPD framework; or

(b)

make a false declaration about compliance with the requirements or conditions of the CPD framework.

(5)

Where the Registrar is not so satisfied and, in making a determination, proposes to rely on evidence that was obtained as a result of the Registrar's further inquiries under paragraph (3)(b), the Registrar must send to the registrant—

(a)

copies of that evidence (in a form that can be copied); and

(b)

if the registrant has not already requested a hearing, a notice (referred to in these Rules as a “supplementary notice”) which—

(i)

invites the registrant to submit written representations, and any relevant additional evidence, to the Registrar as to why the entry or annotation should not be removed from the Register;

(ii)

informs the registrant that any such representations or evidence must be submitted no later than 28 days after service of the supplementary notice;

(iii)

invites the registrant to indicate whether or not the registrant wishes the matter to be considered at a hearing; and

(iv)

informs the registrant that the matter will be considered without a hearing unless written representations have been submitted.

(6)

Paragraphs (3) to (5) also have effect in relation to any further representations from the registrant which the Registrar receives within the 28 day period referred to in a supplementary notice.

(7)

Unless the Registrar determines the matter in accordance with paragraph (4), the Registrar must proceed to determine it under rule 9—

(a)

in any case where paragraph (5) does not apply; or

(b)

if that paragraph does apply, once the requirements of paragraphs (5) and (6) have been fully complied with.

Annotations

Textual amendments

F1: Words in Sch. rule 8(1) substituted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 2 para. 41(4) (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)