Indemnity arrangements
38.—(1) A registrant who is registered in Part 1 of one of the Society’s registers must have in force in relation to him an adequate and appropriate indemnity arrangement which provides cover in respect of liabilities which may be incurred in carrying out work as a pharmacist or pharmacy technician.
(2) For the purposes of this article, an “indemnity arrangement” may comprise—
(a)a policy of insurance;
(b)an arrangement made for the purposes of indemnifying a person; or
(c)a combination of a policy of insurance and an arrangement made for the purposes of indemnifying a person.
(3) The Council may make rules about what is an adequate and appropriate indemnity arrangement for the purposes of this article.
(4) The Council may make such provision in rules as it considers appropriate in connection with the information to be provided to the Registrar—
(a)by or in respect of any person seeking to be registered in Part 1 of one of the Society’s registers (including applications for restoration) for the purposes of determining whether, if he is so registered, there will be in force in relation to him an adequate and appropriate indemnity arrangement which commences, at the latest, on the date on which he is registered;
(b)by or in respect of a person who is registered in Part 1 of one of the Society’s registers for the purposes of determining whether there is in force in relation to him an adequate and appropriate indemnity arrangement.
(5) Rules under paragraph (4)(b) may require the information mentioned there to be provided—
(a)at the request of the Registrar; or
(b)on such dates or at such intervals as the Registrar may determine, either generally or in relation to individual registrants or registrants of a particular description.
(6) The Council may also make rules requiring a person who is registered in Part 1 of one of the Society’s registers to inform the Registrar if there ceases to be in force in relation to him an adequate and appropriate indemnity arrangement.
(7) The Registrar may refuse to register any person who fails to comply, or in respect of whom there is a failure to comply, with rules made under paragraph (4)(a) above.
(8) If a person who is registered in Part 1 of one of the Society’s registers is in breach of paragraph (1), or fails to comply with rules made under paragraph (4)(b) or (6), or there is a failure to comply with rules made under paragraph (4)(b) in respect of him—
(a)the Registrar may remove him from the register; or
(b)the breach or 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.
(9) Where the Registrar—
(a)refuses to register a person pursuant to paragraph (7); or
(b)removes a person from a register pursuant to paragraph (8)(a),
he shall send to the person at his last known home address a statement in writing notifying him of the reasons for the decision and his right of appeal to the Registration Appeals Committee under article 43.