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.
| Instrument | Provision relating to visiting practitioners |
|---|---|
| The 1968 Act | section 67E |
| section 69(1ZA) | |
| section 71(7) | |
| section 78(5) and (5A) | |
| The 2010 Order | in 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 2004 | regulation 2(1) |
| National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 | regulation 2(1) |
| General Pharmaceutical Council (Registration) Rules 2010 | rule 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 2011 | rule 5(2)(b) and (3) |
| rule 6(f)(ii) | |
| rule 8(1) | |
| rule 9(5) | |
| rule 11(1)(a) | |
| Human Medicines Regulations 2012 | regulation 8(1) |
| National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 | regulation 2(1) |