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The Pharmacy Order 2010

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Pharmacy Order 2010 No. 231

Entitlement to provide occasional pharmacy services after the first year: renewals

This section has no associated Explanatory Memorandum

6.—(1) Sub-paragraph (2) applies where the Registrar receives the required renewal documents from a visiting practitioner who is entitled under this Part to provide occasional pharmacy services before such time prior to the practitioner’s entitlement ceasing to be valid under article 7(1) or (2) as is prescribed by the Council for the receipt of those documents by the Registrar.

(2) The visiting practitioner is entitled to continue to provide occasional pharmacy services, and paragraph 7 contains provision about the duration of the entitlement continued under this sub-paragraph.

(3) Sub-paragraph (4) applies where the Registrar receives the required renewal documents from a visiting practitioner—

(a)who is not entitled under this Part to provide occasional pharmacy services;

(b)who has previously been entitled under this Part to provide occasional pharmacy services; and

(c)whose entry in Part 4 of the Register is not suspended.

(4) The visiting practitioner is once again entitled to provide occasional pharmacy services but, in a case where the practitioner’s name is not in Part 4 of the Register as a result of removal otherwise than under paragraph 2(6), only if the Registrar decides, after having regard (in particular) to the fact of that removal and the reasons for it, that the entitlement should be renewed, and paragraph 7 contains provision about the duration of entitlement under this sub-paragraph.

(5) In relation to a visiting practitioner “the required renewal documents” are—

(a)a renewal declaration; and

(b)each evidence of change document (if any).

(6) In this paragraph “renewal declaration”, in relation to a visiting practitioner, means a written declaration that—

(a)states the practitioner’s wish to provide occasional pharmacy services in a further year; and

(b)contains details of the indemnity arrangement, or the other means of personal or collective protection, that the practitioner has in place in respect of liabilities that may be incurred in practising as a pharmacist.

(7) Where a document—

(a)is, in relation to a visiting practitioner, one of the required documents for the purposes of paragraph 4;

(b)is not a declaration under paragraph 4(2)(a); and

(c)substantiates a matter as respects which there has been a material change since the practitioner last (whether under paragraph 4 or this paragraph) supplied the then-current version of the document to the Registrar,

the version of the document current when, under this paragraph, the practitioner supplies a renewal declaration to the Registrar is an “evidence of change document” for the purposes of sub-paragraph (5)(b).

(8) A renewal declaration supplied under this paragraph may be supplied by any means.

(9) If the Registrar refuses to renew the entry of a visiting practitioner in the Register, the Registrar must send to that practitioner at that practitioner’s last known home address a statement in writing giving that practitioner notice of the refusal and the reasons for it and of the right of appeal to the Appeals Committee under article 40.

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