5Renewal of an entry in Part 1 or 2 of the Register: registrants
(1) Subject to the following paragraphs, applicants for the renewal of an entry in Part 1 or, as the case may be, Part 2 of the Register must apply to the Registrar using the relevant application form which must be in such form as the Council may from time to time determine.
(2) An application under this article must be made to the Registrar no later than one month before the relevant date.
(3) The Registrar must send to each registrant the relevant application form for the renewal of an entry in Part 1 or, as the case may be, Part 2 of the Register at least two months before the relevant date.
(4) The application form must, in particular—
(a) require the registrant to—
(i) provide the registrant's full name, home address and contact details (including a telephone number and electronic mail address, where possible),
(ii) provide the number of the entry in Part 1 or, as the case may be, Part 2 of the Register to which the application relates,
(iii) declare that the registrant agrees to adhere to any standards set by the Council under article 43(1)(b) of the Order relating to the continuing professional development that it is necessary for a registrant to maintain in order to have an entry in Part 1 or, as the case may be, Part 2 of the Register renewed,
(iv) declare the registrant's intention to adhere to the standards set by the Council under article 48(1)(a) of the Order relating to the conduct, ethics and performance expected of registrants, and
(aa) whether any of the matters referred to in article 51(1)(e) to (n) of the Order exist in relation to the registrant which have not previously been notified to the Council, or
(bb) whether, in relation to the registrant, there have been any findings of impairment of the registrant's fitness to practise made by a regulatory body which have not previously been notified to the Council or, prior to 27 September 2010, to the Society;
(b) include a demand that the registrant pay any prescribed fee in respect of the application;
(c) inform the registrant that—
(i) if the declaration included in the application is not completed to the satisfaction of the Registrar, the Registrar may refuse to renew the applicant's entry in Part 1 or, as the case may be, Part 2 of the Register because the application does not comply with the requirements of this article, and
(ii) in the event that the registrant is found to have given false or misleading information in connection with the application, that may be treated as misconduct for the purposes of article 51(1)(a) of the Order which may result in the removal of the registrant's entry from the relevant part of the Register; and
(d) require the registrant to sign and date the application.
(5) The applicant must also provide such additional documents, information or evidence as the Registrar may reasonably require for the purposes of verifying the information in, or determining, the application.
(6) If a registrant has not received an application form for the renewal of the registrant's entry in Part 1 or, as the case may be, Part 2 of the Register by the beginning of the period of two months before the relevant date, the registrant must notify the Registrar accordingly.
(7) The Registrar must, within the period of one month beginning with the date of receipt of the application—
(a) acknowledge receipt of the application;
(b) inform the applicant of any missing document required for the purposes of the application; and
(c) notify the applicant of the result of the application.
(8) The Registrar may refuse to grant an application under this article if the applicant fails to comply, or if in respect of the applicant there is a failure to comply, with the requirements of this article and any such refusal by the Registrar is to be treated as a refusal to renew the applicant's entry in the Register under article 23(2)(b) of the Order.
(9) Any failure by the Registrar to notify the applicant of the result of the application as required by paragraph (7)(c)—
(a) is to constitute a decision by the Registrar to refuse the application which is to be taken as having been made at the end of the specified period; and
(b) is, for the purposes of article 40(2) of the Order, to be treated as a decision to which article 24(9) of the Order applies.
(10) In paragraph (9)(a), “the specified period” means the period of one month beginning with—
(a) the date on which the Registrar receives the application; or
(b) if any document required for the purposes of the application, or any prescribed fee which is payable in respect of the application, is missing when the Registrar first receives the application, the date on which the Registrar first has all the documents required for those purposes together with any prescribed fee.
(11) Except as provided for by paragraph (11), the Registrar must refuse an application under this article—
(a) if it is not received by the Registrar within the time limit specified in paragraph (2);
(b) if it is not accompanied by the necessary supporting documents, information or evidence as mentioned in the application form or subsequently required by the Registrar; or
(c) if the applicant has not paid, or has not made arrangements with the Registrar to pay by direct debit, any prescribed fee in respect of the application.
(12) If there is an ongoing fitness to practise investigation, or there are ongoing fitness to practise proceedings, in respect of a registrant who—
(a) has not made an application under this article for the renewal of their entry in Part 1 or, as the case may be, Part 2 of the Register; or
(b) has not paid, or has not made arrangements with the Registrar to pay by direct debit, any prescribed fee in respect of the application,
the Registrar may not remove the registrant's entry from the relevant part of the Register in accordance with article 25(3) of the Order except in cases where the Registrar considers that the public interest would be best served by so doing.
(13) Where the Registrar refuses an application under this article, the Registrar must send to the applicant a statement in writing giving the applicant notice of the reasons for the refusal and of any right of appeal that the applicant has to the Appeals Committee under article 40 of the Order.
(14) The notice under paragraph (12) must be sent to the applicant at the applicant's home address in the Register.
Specified date: 27 September 2010: see art 1.