The European Qualifications (Health and Social Care Professions) Regulations 2007

Amendment of the Royal Pharmaceutical Society of Great Britain (Registration) Rules 2007

107.—(1) The Royal Pharmaceutical Society of Great Britain (Registration) Rules 2007(1) are amended as follows.

(2) In rule 6 (application for registration in the Register of Pharmacists)—

(a) in paragraph (1), after “applicants for registration in” insert “Part 1 or 2 of”; and

(b) in paragraph (3)—

(i) after “applying for registration” insert “in Part 1 or 2 of the Register of Pharmacists”,

(ii) after sub-paragraph (c) insert—

“(ca) where the applicant is an exempt person—

(i) evidence that he is a national of a relevant European State(2), or

(ii) (where he is not a national of a relevant European State) evidence of the Community right by virtue of which he is an exempt person, which, in a case where sub-paragraph (d) applies, must be the evidence set out in that sub-paragraph;”,

(iii) for sub-paragraph (e) substitute—

“(e) sufficient evidence (in the opinion of the Registrar) that he is appropriately qualified, and if the applicant (“A”)—

(i) is appropriately qualified by virtue of article 12(1)(b) of the Order,

(ii) holds a diploma listed in Annex V, point 5.6.2 of the Directive (evidence of formal qualifications of pharmacists), and

(iii) has successfully completed training as a pharmacist that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 44 of the Directive (training as a pharmacist),

A must also provide a certificate which must be issued by a competent authority in A’s attesting State(3) and which must certify that the evidence of qualification provided by A is a diploma listed in relation to that State in Annex V, point 5.6.2 of the Directive;”,

(iv) in sub-paragraph (f)(i), for “17(4)(a)” substitute “17(5) or (6)”, and

(v) in sub-paragraph (g)(i), for “17(4)(b)” substitute “17(7) or (8)”.

(3) In rule 7 (retention in the Register of Pharmacists), after paragraph (8) add—

“(9) This rule does not apply in relation to a person who is registered in Part 3 of the Register of Pharmacists.”.

(4) In rule 8 (applications to move to a different part of the register), after paragraph (4) add—

“(5) This rule does not apply in relation to a person wishing to move from Part 3 to Part 1 of the register.”.

(5) In rule 9 (applications for annotations to denote that a registered pharmacist is a supplementary prescriber or an independent prescriber), in paragraph (1), for “registered pharmacist” substitute “person registered in Part 1 of the Register of Pharmacists”.

(6) In rule 12 (applications for restoration within twelve months of specified removals from the register), after paragraph (4) add—

“(5) This rule does not apply in relation to a person who has been removed from Part 3 of the register under rule 10(6).”.

(7) In rule 15 (notice of intention to remove: stage one), for paragraph (1) substitute—

“(1) Where the Registrar has reasonable grounds for believing—

(a) that a registrant’s entry in the register may have been fraudulently procured or incorrectly made; or

(b) that the fitness to practise of a person who is registered in Part 1 or 2 of the register was impaired at the time of his registration and he had not informed the Registrar of the relevant matter (that is, serious, specific circumstances or a problem with his physical or mental health for the purposes of article 35(1)(a) of the Order) before his registration,

paragraph (2) applies.”

(1)

Scheduled to S.I. 2007/441.

(2)

“Relevant European State” is defined in the Pharmacists and Pharmacy Technicians Order 2007 as meaning an EEA State or Switzerland.

(3)

“Attesting State” is defined in article 17(9) of the Pharmacists and Pharmacy Technicians Order 2007.