SCHEDULEAmendments relating to pharmacists in Northern Ireland

PART 3Transitional and saving provision relating to the amendments in Parts 1 and 2

Visiting practitioners from relevant European States – saving of old law for up to F1five yearsI130

1

Where, immediately before F5IP completion day—

a

a visiting practitioner was entitled under paragraph 4 or 7 of Schedule 2B to the 1976 Order to provide occasional pharmacy services, or

b

the registrar was in receipt of the required documents (within the meaning of paragraph 5 of that Schedule) from a visiting practitioner seeking to acquire that entitlement,

any provision made by an Act or instrument amended by Part 1 or 2 of this Schedule continues to apply in relation to the practitioner without the amendments that Part 1 or 2 of this Schedule makes to the provisions relating to visiting practitioners from relevant European States F4(but subject, in the case of a Swiss visiting practitioner, to the modifications to the 1976 Order specified in sub-paragraph (4)).

2

But a visiting practitioner's entitlement does not continue (or further continue) under paragraph 7 of Schedule 2B to the 1976 Order on or after F6IP completion day (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule).

F22A

Sub-paragraph (2) does not apply in the case of a Swiss visiting practitioner.

2B

But a Swiss visiting practitioner’s entitlement does not continue (or further continue) under paragraph 7 of Schedule 2B to the 1976 Order after the end of the visiting practitioner transitional period (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule).

2C

In this paragraph—

  • “Swiss visiting practitioner” means a visiting practitioner who is—

    1. a

      a national of the United Kingdom,

    2. b

      a national of Switzerland, or

    3. c

      a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of a particular profession, no less favourably than a national of either of those states;

  • “visiting practitioner transitional period” means—

    1. a

      the period of five years beginning with IP completion day, or

    2. b

      if the period in paragraph (a) is extended in accordance with Article 23(2) of the Swiss citizens’ rights agreement, that period as extended.

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

Provisions relating to visiting practitioners

The 1976 Order

In Article 2(2), the definitions of “competent authorities”, “exempt person”, “General Systems Regulations”, “national”, “registered”, “relevant European State” and “registered person”

Article 4A(7)(c), (10)(b) and (14)

Article 5(1A)

Article 6(1)

Article 8B

Article 9(2)

Article 11A(12)

Schedule 2B

The Council of the Pharmaceutical Society of Northern Ireland (Continuing Professional Development) Regulations (Northern Ireland) 2012

Regulation 2(7)(b)(ii)

Regulation 3(3)

Regulation 4(1)(f)(ii)

F34

The modifications to the 1976 Order mentioned in sub-paragraph (1) are—

a

Article 2(2) is to be read as if, in the definition of “competent authorities” for “a relevant European State” there were substituted “Switzerland”;

b

Article 4A(14) is to be read as if for the words from “the relevant” to the end there were substituted “Switzerland”;

c

Schedule 2B is to be read as if—

i

for paragraph 1, there were substituted—

1

This Schedule applies to a Swiss visiting practitioner (within the meaning given in paragraph 30(2C) of the Schedule to the European Qualifications (Pharmacists) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2019) who is lawfully established as a pharmacist in Switzerland.

ii

in paragraph 2—

aa

before sub-paragraph (a), there were inserted—

za

an “existing contract” means a written contract which was concluded, and performance of which started, before IP completion day;

bb

in sub-paragraph (a), for “an exempt person” there were substituted “a Swiss visiting practitioner”;

cc

in sub-paragraph (b), for the words from “the relevant” to the end, there were substituted “Switzerland”;

dd

in sub-paragraph (c), after “basis” there were inserted—

—

i

on the basis of one or more existing contracts, and

ii

for a period not exceeding 90 days in total in any calendar year.

iii

in paragraph 5(2)—

aa

in paragraph (b), for “a relevant European State” there were substituted “the United Kingdom or Switzerland”;

bb

in paragraph (c), for the words from “a relevant European State” to the end, there were substituted “the United Kingdom or Switzerland, proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting practitioner”;

iv

in paragraph 7(6), after paragraph (a), there were inserted—

aa

contains details of the existing contract or contracts on the basis of which the occasional pharmacy services will continue to be provided;

v

in paragraph 8(5), after paragraph (a), there were inserted—

aa

the existing contract, or last of the existing contracts, on the basis of which the visiting practitioner was providing occasional pharmacy services, is terminated or otherwise expires; or