The Pharmacy Order 2010

PART 1 E+W+S Pharmacists

Application and interpretation E+W+S

1.— [F1 (1) This Part of this Schedule applies to a person who—

(a) is an exempt person who is lawfully established as a pharmacist in a relevant European State other than the United Kingdom; and

(b) is not a person to whom paragraph 15 of Schedule 2A (European professional card and entitlement to registration: provision of occasional pharmacy services) to this Order or paragraph 15 of Schedule 2C (European professional card and entitlement to registration: provision of occasional pharmacy services) to the Pharmacy (Northern Ireland) Order 1976 applies.]

(2) In this Part—

(a) a “visiting practitioner” means an exempt person to whom this Part applies;

(b) the “home State”, in relation to a visiting practitioner, means the relevant European State in which the practitioner is lawfully established as a pharmacist;

(c) a reference to the provision of occasional pharmacy services is a reference to the provision of services as a pharmacist in Great Britain on a temporary and occasional basis; and

(d) “indemnity arrangement” has the same meaning as in article 32.

Textual Amendments

F1 Sch. 2 para. 1(1) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 41(2) (with reg. 155)

Commencement Information

I1 Sch. 2 para. 1 in force at 10.2.2010 for specified purposes, see art. 1(3)

I2 Sch. 2 para. 1 in force at 27.9.2010 in so far as not already in force by S.I. 2010/1621, art. 2(1), Sch.

Registration in respect of provision of occasional pharmacy services E+W+S

2.—(1) A visiting practitioner is entitled to be entered in Part 4 of the Register if the practitioner is entitled under paragraph 3 or 6 to provide occasional pharmacy services; and the Registrar must give effect to that entitlement.

(2) A visiting practitioner who is entitled under sub-paragraph (1) to be entered in Part 4 of the Register, but who is not entered in that part of the Register, is to be treated as being so entered.

(3) The Registrar may refuse to enter a visiting practitioner in Part 4 of the Register if, in the Registrar’s opinion, that visiting practitioner is not entitled under paragraph 3 or 6 to provide occasional pharmacy services.

(4) If under sub-paragraph (3) the Registrar refuses to enter a visiting practitioner in Part 4 of the Register, the Registrar must send to the practitioner at the practitioner’s last known home address a statement in writing giving the practitioner notice of that decision and the reasons for it and of the right of appeal to the Appeals Committee under article 40.

(5) Sub-paragraph (6) applies where a person’s entitlement under sub-paragraph (1) to be entered in Part 4 of the Register ceases because, by reason of the operation of paragraph 7(1), (2) or (5), the person ceases to be entitled under this Part to provide occasional pharmacy services.

(6) If the person’s name is entered in Part 4 of the Register, the Registrar may remove that person’s name from that part of the Register.

(7) Sub-paragraphs (1), (2), (5) and (6) do not affect the application, in relation to persons entered in Part 4 of the Register on the basis of an entitlement under sub-paragraph (1), of any other provision of this Order under which a registered pharmacist’s name may be removed from that part of the Register or under which a registered pharmacist’s entry in that part of the Register may be suspended.

Commencement Information

I3 Sch. 2 para. 2 in force at 10.2.2010 for specified purposes, see art. 1(3)

I4 Sch. 2 para. 2 in force at 27.9.2010 in so far as not already in force by S.I. 2010/1621, art. 2(1), Sch.

Entitlement to provide occasional pharmacy services: first year E+W+S

3.  A visiting practitioner is entitled to provide occasional pharmacy services if—

(a) the practitioner has complied with the requirements of paragraph 4; and

(b) where the practitioner’s case falls within regulation [F2 3(8)(a) or (e)] of the General Systems Regulations, the provision by the practitioner of occasional pharmacy services is in accordance with regulations [F3 19 to 23] of those Regulations (the practitioner having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the practitioner may be required to undertake pursuant to Part 2 of those Regulations),

and paragraph 7 contains provision about the duration of entitlement under this paragraph.

Textual Amendments

F2 Words in Sch. 2 para. 3(b) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 41(3)(a) (with reg. 155)

F3 Words in Sch. 2 para. 3(b) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 41(3)(b) (with reg. 155)

Commencement Information

I5 Sch. 2 para. 3 in force at 10.2.2010 for specified purposes, see art. 1(3)

I6 Sch. 2 para. 3 in force at 27.9.2010 in so far as not already in force by S.I. 2010/1621, art. 2(1), Sch.

First provision of services: required documents E+W+S

4.—(1) A visiting practitioner who proposes to provide occasional pharmacy services for the first time must, before providing those services, send or produce to the Registrar the required documents.

(2) The required documents are—

(a) a written declaration that—

(i) states the practitioner’s wish to provide occasional pharmacy services, F4 ...

(ii) contains details of the indemnity arrangement, or the other means of personal or collective protection, that the practitioner has in place in respect of liabilities that may be incurred in practising as a pharmacist;

[F5 (iii) confirms that the practitioner does not have a criminal conviction; and

(iv) confirms that the practitioner is not subject to a temporary or final suspension preventing practice as a pharmacist;]

[F6 (aa) a written declaration as to whether the practitioner has the necessary knowledge of English;]

(b) if the practitioner is a national of a relevant European State, proof of nationality;

(c) if the practitioner is not a national of a relevant European State, proof of the [F7 EU] right by virtue of which the practitioner is an exempt person;

(d) evidence of qualifications in pharmacy (see also paragraph 5); and

(e) a certificate (or certificates) issued by a competent authority in the practitioner’s home State confirming—

(i) that the practitioner is lawfully established as a pharmacist in that State, and

(ii) that the practitioner is not prohibited (whether on a permanent or temporary basis) from practising as a pharmacist there.

(3) A declaration under sub-paragraph (2)(a) [F8 or (aa)] may be supplied by any means.

Textual Amendments

F4 Word in Sch. 2 para. 4(2)(a)(i) omitted (18.11.2016) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 41(4)(a)(i) (with reg. 155)

F5 Sch. 2 para. 4(2)(a)(iii)(iv) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 41(4)(a)(ii) (with reg. 155)

F6 Sch. 2 para. 4(2)(aa) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 41(4)(b) (with reg. 155)

F7 Words in Order substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

F8 Words in Sch. 2 para. 4(3) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 41(4)(c) (with reg. 155)

Commencement Information

I7 Sch. 2 para. 4 in force at 10.2.2010 for specified purposes, see art. 1(3)

I8 Sch. 2 para. 4 in force at 27.9.2010 in so far as not already in force by S.I. 2010/1621, art. 2(1), Sch.

[F9 First provision of services: visiting practitioners from Northern Ireland E+W+S

4A.— (1) The Registrar must treat a visiting practitioner who—

(a) applies to be entered in Part 4 of the Register as a visiting practitioner; and

(b) is registered in the register kept under Article 6(1)(d) of the Pharmacy (Northern Ireland) Order 1976 relating to pharmacists who are visiting practitioners to Northern Ireland,

as complying with the requirements of paragraph 4.

(2) The Registrar may require the visiting practitioner to provide additional information concerning his or her professional qualifications as a result of differences in the way that the profession is regulated in different parts of the United Kingdom.

(3) Sub-paragraph (1) does not apply if the Registrar has required the visiting practitioner to provide information under sub-paragraph (2) and the visiting practitioner has not done so.]

Textual Amendments

F9 Sch. 2 para. 4A inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 41(5) (with reg. 155)

First provision of services: supplementary E+W+S

5.—(1) Subject to sub-paragraph (3), the evidence referred to in paragraph 4(2)(d) is evidence of the European-recognised qualifications which entitle the visiting practitioner to provide, in the practitioner’s home State, the pharmacy services that the practitioner proposes to provide in Great Britain on a temporary and occasional basis.

(2) This sub-paragraph applies to a visiting practitioner whose case falls within regulation [F10 3(8)(a) or (e)] of the General Systems Regulations (with the result that the practitioner is not able to provide occasional pharmacy services unless their provision by the practitioner is in accordance with regulations [F11 19 to 23] of those Regulations).

(3) If sub-paragraph (2) applies to a visiting practitioner, the evidence referred to in paragraph 4(2)(d) of the practitioner’s qualifications in pharmacy is evidence of the qualifications which entitle the practitioner to practise as a pharmacist in his home State.

(4) In this paragraph, “European-recognised qualifications” means qualifications which relevant European States are required by the Directive to recognise.

Textual Amendments

F10 Words in Sch. 2 para. 5(2) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 41(6)(a) (with reg. 155)

F11 Words in Sch. 2 para. 5(2) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 41(6)(b) (with reg. 155)

Commencement Information

I9 Sch. 2 para. 5 in force at 10.2.2010 for specified purposes, see art. 1(3)

I10 Sch. 2 para. 5 in force at 27.9.2010 in so far as not already in force by S.I. 2010/1621, art. 2(1), Sch.

Entitlement to provide occasional pharmacy services after the first year: renewals E+W+S

6.—(1) Sub-paragraph (2) applies where the Registrar receives the required renewal documents from a visiting practitioner who is entitled under this Part to provide occasional pharmacy services before such time prior to the practitioner’s entitlement ceasing to be valid under article 7(1) or (2) as is prescribed by the Council for the receipt of those documents by the Registrar.

(2) The visiting practitioner is entitled to continue to provide occasional pharmacy services, and paragraph 7 contains provision about the duration of the entitlement continued under this sub-paragraph.

(3) Sub-paragraph (4) applies where the Registrar receives the required renewal documents from a visiting practitioner—

(a) who is not entitled under this Part to provide occasional pharmacy services;

(b) who has previously been entitled under this Part to provide occasional pharmacy services; and

(c) whose entry in Part 4 of the Register is not suspended.

(4) The visiting practitioner is once again entitled to provide occasional pharmacy services but, in a case where the practitioner’s name is not in Part 4 of the Register as a result of removal otherwise than under paragraph 2(6), only if the Registrar decides, after having regard (in particular) to the fact of that removal and the reasons for it, that the entitlement should be renewed, and paragraph 7 contains provision about the duration of entitlement under this sub-paragraph.

(5) In relation to a visiting practitioner “the required renewal documents” are—

(a) a renewal declaration; and

(b) each evidence of change document (if any).

(6) In this paragraph “renewal declaration”, in relation to a visiting practitioner, means a written declaration that—

(a) states the practitioner’s wish to provide occasional pharmacy services in a further year; and

(b) contains details of the indemnity arrangement, or the other means of personal or collective protection, that the practitioner has in place in respect of liabilities that may be incurred in practising as a pharmacist.

(7) Where a document—

(a) is, in relation to a visiting practitioner, one of the required documents for the purposes of paragraph 4;

(b) is not a declaration under paragraph 4(2)(a); and

(c) substantiates a matter as respects which there has been a material change since the practitioner last (whether under paragraph 4 or this paragraph) supplied the then-current version of the document to the Registrar,

the version of the document current when, under this paragraph, the practitioner supplies a renewal declaration to the Registrar is an “evidence of change document” for the purposes of sub-paragraph (5)(b).

(8) A renewal declaration supplied under this paragraph may be supplied by any means.

(9) If the Registrar refuses to renew the entry of a visiting practitioner in the Register, the Registrar must send to that practitioner at that practitioner’s last known home address a statement in writing giving that practitioner notice of the refusal and the reasons for it and of the right of appeal to the Appeals Committee under article 40.

Commencement Information

I11 Sch. 2 para. 6 in force at 10.2.2010 for specified purposes, see art. 1(3)

I12 Sch. 2 para. 6 in force at 27.9.2010 in so far as not already in force by S.I. 2010/1621, art. 2(1), Sch.

Duration of entitlement to provide occasional pharmacy services E+W+S

7.—(1) Unless an entitlement under paragraph 3 or 6 is continued by paragraph 6(2), or further continued by paragraph 6(4), the entitlement ceases at the end of the year that begins with the end of the day on which the Registrar received the documents whose receipt gave rise to the entitlement.

(2) Where an entitlement under paragraph 3 or 6 is continued by paragraph 6(2), or further continued by paragraph 6(4), the entitlement is extended so as to cease at the end of the year that begins with the end of the relevant day.

(3) For the purposes of sub-paragraph (2)—

(a) if the day on which the Registrar receives the documents whose receipt gives rise to the continuation (or further continuation) is an anniversary of the start day, “the relevant day” means the day on which the Registrar receives those documents;

(b) otherwise, “the relevant day” means the anniversary of the start day that is the first such anniversary to occur after the Registrar receives the documents whose receipt gives rise to the continuation (or further continuation).

(4) In sub-paragraph (3) “the start day”, in relation to an entitlement under paragraph 3 or 6(4), means the day on which the Registrar receives the documents whose receipt gives rise to the entitlement.

(5) An entitlement under this Part to provide occasional pharmacy services ceases if—

(a) the visiting practitioner concerned becomes established as a pharmacist in the United Kingdom; or

(b) a disqualifying decision is made against the visiting practitioner concerned.

(6) In sub-paragraph (5), “disqualifying decision”, in relation to a visiting practitioner, means a decision made by a competent or judicial authority in the practitioner’s home State [F12 or, if different, a relevant European State in which the practitioner practises or has practised as a pharmacist] that has the effect that the practitioner—

(a) ceases in that State to be registered or otherwise officially recognised as a pharmacist; or

(b) is prohibited (whether on a permanent or temporary basis) from practising as a pharmacist in that State.

(7) If in the case of a visiting practitioner—

(a) the practitioner’s entry in Part 4 of the Register is suspended or the practitioner’s name is removed from that part of the Register; and

(b) immediately before the time when the suspension or, as the case may be, removal takes effect, the practitioner is entitled under this Part to provide occasional pharmacy services,

that entitlement ceases at that time.

Textual Amendments

F12 Words in Sch. 2 para. 7(6) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 41(7) (with reg. 155)

Commencement Information

I13 Sch. 2 para. 7 in force at 10.2.2010 for specified purposes, see art. 1(3)

I14 Sch. 2 para. 7 in force at 27.9.2010 in so far as not already in force by S.I. 2010/1621, art. 2(1), Sch.

Conditions E+W+S

8.—(1) Sub-paragraph (2) applies if—

(a) the establishment of a visiting practitioner in the practitioner’s home State is subject to a condition relating to the practitioner’s practice as a pharmacist;

(b) the practitioner’s name is in Part 4 of the Register; and

(c) for any of the purposes of this Order it falls to be decided whether the practitioner’s fitness to practise is or may be impaired on the ground of misconduct.

(2) The matters that may be counted as misconduct include (in particular) any act or omission by the visiting practitioner during the course of the provision by the practitioner of occasional pharmacy services that is, or would be if the condition applied in relation to practice as a pharmacist outside the practitioner’s home State, a breach of the condition.

(3) In sub-paragraphs (1) and (2) “condition” includes limitation.

Commencement Information

I15 Sch. 2 para. 8 in force at 10.2.2010 for specified purposes, see art. 1(3)

I16 Sch. 2 para. 8 in force at 27.9.2010 in so far as not already in force by S.I. 2010/1621, art. 2(1), Sch.