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The Pharmacy Order 2010 (Registration – Transitional Provisions) Order of Council 2010

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Renewal of entries in Part 3 of the Register: registered pharmacies

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7.—(1) Subject to the following paragraphs, applicants for the renewal of an entry of premises entered in Part 3 of the Register may 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 by the person carrying on a retail pharmacy business at the premises at least one month before the relevant date.

(3) The Registrar must send to each person carrying on a retail pharmacy business at premises entered in Part 3 of the Register the relevant application form for the renewal of the entry of the premises in that part of the Register at least two months before the relevant date.

(4) The application form must, in particular—

(a)require the applicant to specify—

(i)the applicant’s full name, address and contact details (including a telephone number and electronic mail address, where possible),

(ii)the full postal address of the premises to which the application relates,

(iii)the number of the entry of the premises in Part 3 of the Register to which the application relates,

(iv)the name under which the retail pharmacy business carried on at the premises trades,

(v)whether the applicant is a person lawfully conducting a retail pharmacy business at the premises within the meaning of Part 4 of the Act,

(vi)the date of the commencement of the retail pharmacy business carried on at the premises,

(vii)where the applicant is a partner in a partnership, the names of all the partners in the partnership,

(viii)where the applicant is a body corporate—

(aa)the names of all of the directors of the body corporate, and

(bb)the name of the superintendent pharmacist, and

(ix)where the retail pharmacy business is carried on at the premises by a representative, the name of the responsible pharmacist;

(b)include a demand that the applicant pay any prescribed fee in respect of the application;

(c)require the applicant to provide—

(i)a description of the premises to which the application relates,

(ii)details of the type of activities undertaken at the premises, and

(iii)a declaration providing details of any relevant offence or relevant investigation within the meaning of article 7(6)(a) and (b) of the Order;

(d)inform the applicant that if the declaration included in the application is not completed to the satisfaction of the Registrar, the Registrar may refuse to renew the entry of the premises in Part 3 of the Register; and

(e)require the applicant to sign and date the application.

(5) For the purposes of paragraph (4)(a)(i), the address of the applicant is—

(a)where the retail pharmacy business is carried on at the premises by an individual, that individual’s home address in the Register;

(b)where the retail pharmacy business is carried on at the premises by a partnership, the address of the principal office of that partnership; or

(c)where the retail pharmacy business is carried on at the premises by a body corporate, the address of the registered or principal office of that body corporate.

(6) 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.

(7) The Registrar must refuse an application under this article—

(a)if the application is not received by the Registrar within the time limit specified in paragraph (2);

(b)if the application 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.

(8) Where the Registrar refuses to grant an application under this article—

(a)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; and

(b)the refusal is to be treated as a decision by the Registrar under section 74A of the Act (registration of premises: Great Britain) to refuse to renew the entry of premises in Part 3 of the Register.

(9) The notice under paragraph (8)(a) must be sent—

(a)where the retail pharmacy business is carried on at the premises by an individual, to that individual’s home address in the Register;

(b)where the retail pharmacy business is carried on at the premises by a partnership, to the address of the principal office of that partnership; or

(c)where the retail pharmacy business is carried on at the premises by a body corporate, to the address of the registered or principal office of that body corporate.

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