OpenLegislation

Paragraph 5 The keeping of the RegisterI1

England, Wales and Scotland

(1)

The Register is to be kept and maintained—

(a)

in writing; and

(b)

securely, in a manner which guards against falsification.

(2)

The Registrar is responsible for ensuring that an entry appears in the Register in respect of each person who or, in the case of a registered pharmacy, premises which—

(i)

is or are newly entered in, or newly restored to, the Register, or

(ii)

has or have had an entry in the Register renewed.

(3)

Before making alterations to any of the particulars of a registrant’s entry in the Register or, as the case may be, of an entry of a registered pharmacy in the Register, the Registrar must be satisfied as to the accuracy of any new information to be recorded in the Register and may—

(a)

in the case of a registrant, require the registrant to produce a statutory declaration, a marriage certificate or such other documentary evidence as the Registrar may consider appropriate in any case; or

(b)

in the case of a registered pharmacy, require the person carrying on a retail pharmacy business at the registered pharmacy to provide such documentary evidence as the Registrar may reasonably request.

(4)

Where the Investigating Committee—

(a)

issues a warning to a registrant; or

(b)

agrees undertakings with a registrant that relate to the registrant’s fitness to practise,

the Registrar must ensure that an appropriate alteration to that registrant’s entry in the Register is made to record that warning or undertaking.

(5)

Where the Fitness to Practise Committee—

(a)

issues a warning to a registrant;

(b)

agrees undertakings with a registrant that relate to the registrant’s fitness to practise;

(c)

gives a direction that a registrant’s entry in the Register be suspended (including a direction imposing an interim suspension order), or gives a direction amending that direction; or

(d)

gives a direction that a registrant’s entry in the Register be conditional upon the registrant complying with specified requirements (including a direction imposing an order for interim conditional entry), or gives a direction amending that direction,

the Registrar must ensure that an appropriate alteration is made to that registrant’s entry in the Register to record that warning, undertaking, direction or amending direction (in the case of a direction, once that direction has taken effect).

(6)

Where, in the case of a registrant, the Fitness to Practise Committee determines that the registrant’s fitness to practise is impaired, the Registrar must ensure that an appropriate alteration is made to that registrant’s entry in the Register to record the determination.

(7)

Where the Fitness to Practise Committee gives a direction that the entry of a registrant in the Register, or a part of the Register, be removed from the Register, or from part of the Register, the Registrar must ensure that an appropriate alteration is made to the Register removing the entry of that registrant from the Register, or from the relevant part of the Register, (once the direction has taken effect).

(8)

Where, in proceedings under section 80 of the Actf1 (power for relevant disciplinary committee to disqualify and direct removal from the Register), the Fitness to Practise Committee—

(a)

directs—

(i)

that a body corporate is to be disqualified for the purposes of Part 4 of the Act, and

(ii)

the Registrar to remove all premises entered in Part 3 of the Register that are premises at which that body corporate carries on a retail pharmacy business; or

(b)

directs the Registrar to remove from Part 3 of the Register all premises at which a body corporate carries on a retail pharmacy business, or such of them as may be specified in the direction,

the Registrar must ensure that an appropriate alteration is made to Part 3 of the Register removing from that part of the Register the entry relating to each of the premises to which the direction relates (once the direction has taken effect).

Annotations

Commencement

I1

Sch. rule 5 in force at 27.9.2010, see art. 1(1)

Footnotes

f1

Subsection (1) of section 80 of the Act was substituted by paragraph 1(14) of Schedule 4 to the Pharmacy Order 2010.

Notes on Schedule

Footnotes

f1

1968 c.67.

f2

S.I.2010/231.