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The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019

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This is the original version (as it was originally made).

Visiting pharmacists and pharmacy technicians: saving of old law for up to one year

This section has no associated Explanatory Memorandum

45.—(1) Where, immediately before exit day—

(a)a visiting pharmacist or pharmacy technician was entitled under paragraph 3, 6, 11 or 14 of Schedule 2 to the 2010 Order to provide occasional pharmacy services, or

(b)the Registrar was in receipt of the required documents (within the meaning of paragraph 4 or 12 of that Schedule) from a pharmacist or pharmacy technician seeking to acquire that entitlement,

any provision made by an Act or instrument amended by Part 1 of this Schedule continues to apply in relation to the pharmacist or technician without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting practitioners from relevant European States.

(2) But a visiting practitioner’s entitlement does not continue (or further continue) under paragraph 6 or 14 of Schedule 2 to the 2010 Order on or after exit day (and, accordingly, the entitlement lapses at the end of—

(a)in the case of a pharmacist, the period mentioned in paragraph 7(1) or (2) of that Schedule;

(b)in the case of a pharmacy technician, the period mentioned in paragraph 15(1) or (2) of that Schedule).

(3) The reference in sub-paragraph (1) to “the provisions relating to visiting practitioners from relevant European States” is to the provisions listed in the following table.

InstrumentProvision relating to visiting practitioners
The 1968 Actsection 67E
section 69(1ZA)
section 71(7)
section 78(5) and (5A)
The 2010 Orderin article 3(1), the definitions of “competent authority”, “exempt person”, “General Systems Regulations”, “registered pharmacist” and “registered pharmacy technician”
article 19(2)(d) and (e)
article 29(3)(a)
article 32(11)
article 33
article 36(3)
article 37(5)
article 38(2) and (4)
article 39(1)(c), (e), (i) and (l)
article 43(5)(c), (8)(b) and (9)
Schedule 2
Medicines for Human Use (Clinical Trials) Regulations 2004regulation 2(1)
National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009regulation 2(1)
General Pharmaceutical Council (Registration) Rules 2010rule 18(1)(a) and (5)(a)(i)
rule 19(1), (4)(a) and (5)(b)
rule 20(3)(a)
General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 2011rule 5(2)(b) and (3)
rule 6(f)(ii)
rule 8(1)
rule 9(5)
rule 11(1)(a)
Human Medicines Regulations 2012regulation 8(1)
National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013regulation 2(1)

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