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Pharmacy Act 1954

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8 Control of registrations by Statutory Committee.E+W+S

(1)Where—

(a)a person applying to have his name registered, or

(b)a registered pharmaceutical chemist or any person employed by him in the carrying on of his business, or

(c)a person whose name has been removed from the register under section twelve of this Act or any person employed by him as aforesaid,

has been convicted of any such criminal offence or been guilty of such misconduct (being in a case falling within paragraph (c) of this subsection a conviction or misconduct which took place either before or after the removal of the name) as in the opinion of the Statutory Committee renders the convicted or guilty person unfit to have his name on the register, the Committee may, after enquiring into the matter—

(i)in a case falling within paragraph (a) of this subsection, direct that the applicant’s name shall not be registered, or shall not be registered until the Committee otherwise directs;

(ii)in a case falling within paragraph (b) thereof, direct the registrar to remove the name of the registered pharmaceutical chemist from the register;

(iii)in a case falling within paragraph (c) thereof, direct that the name removed from the register shall not be restored thereto, or shall not be restored thereto until the Committee otherwise directs;

and, where the Committee directs that a name shall be removed from the register or shall not until the Committee otherwise directs be registered or restored to the register, the Committee may also direct that no application to the Committee in respect of its registration, or as the case may be its restoration to the register, shall be entertained thereafter until the expiration of such period as is specified in the direction or the fulfilment of such conditions as are so specified.

[F1(1A)Where the Statutory Committee is satisfied that any person is subject to a disqualifying decision the Committee shall be entitled to exercise its powers under subsection (1) of this section in relation to that person on the assumption that the grounds on which the decision was expressed to be made constitute such misconduct rendering that person unfit to have his name on the register as would (apart from this subsection) justify the exercise of those powers.

(1B)For the purposes of this section a person is subject to a disqualifying decision if—

(a)a decision is made in respect of that person by responsible authorities in a member State other than the United Kingdom;

(b)that decision has the effect in that State either that that person ceases to be registered or otherwise officially recognised to practise pharmacy in that State or that he is prohibited from practising pharmacy there;

(c)that decision is expressed to be made on the grounds that that person has committed a criminal offence or has been guilty of any misconduct.]

(2)Where the name of any person has been removed from the register in pursuance of a direction under paragraph (ii) of [F2subsection (1) of this section], the Committee may, either of its own motion or on the application of that person, direct the registrar to restore the name to the register, either without fee or on the payment to the Scoeity of such fee as is prescribed in that behalf, not exceeding the fee prescribed for registration in pursuance of section three of this Act.

(3)It shall be the duty of the Statutory Committee—

(a)to give notice of any direction under this section to the person to whom the direction relates;

(b)to give notice of any refusal of an application made under the last foregoing subsection to the applicant;

and any notice required by this subsection to be given to any person shall be given by being sent to him in a registered letter which, in the case of a registered pharmaceutical chemist, shall be addressed to his address on the register.

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Amendments (Textual)

F2Words substituted by S.I. 1987/2202, art. 2(6)

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