Pharmacy (Northern Ireland) Order 1976

PART V N.I. MISCELLANEOUS

[F1 The Directive: functions of competent authority, etc. N.I.

22A.— (1) The Society is designated as the competent authority in Northern Ireland for the purposes of the Directive so far as it relates to the profession of pharmacy.

(2) The Society must in Northern Ireland carry out (in particular) the functions specified in Schedule 2D.

(3) The Society is designated as the competent authority in Northern Ireland for the award of evidence of formal qualifications in pharmacy listed in relation to the United Kingdom in Annex V, point 5.6.2 of the Directive.

(4) The Department may give directions to the Society as to matters of administration in connection with the functions of the Society specified in Schedule 2D.

(5) The Society must comply with a direction given under paragraph (4).

(6) In Schedule 2D—

[F2 (za) “the GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), read with Chapter 2 of Part 2 of the Data Protection Act 2018;]

(a) “NI pharmacy qualification” means evidence of formal qualifications in pharmacy, listed in Annex V, point 5.6.2 of the Directive, awarded to a person by the Society;

(b) “non-UK pharmacy qualification” means evidence of formal qualifications in pharmacy, listed in Annex V, point 5.6.2 of the Directive, awarded to a person by a competent authority of a relevant European State other than the United Kingdom;

(c) references in that Schedule to a pharmacist include a pharmaceutical chemist.]

F1 Art. 22A inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 23 (with reg. 155)

F2 Art. 22A(6)(za) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 14 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Dispensing, etc., in public institutions N.I.

23.  A person shall not be appointed to, or hold, the office of chemist, compounder or dispenser in any institution maintained at the cost of, or in receipt of aid from, public funds in Northern Ireland unless he is a registered pharmaceutical chemist or a fully registered person within the meaning of [F3 section 55 of the Medical Act 1983].

F3 1983 c. 54

Pharmacy Inspectors N.I.

24.—(1) The Department may appoint one (or, subject to the approval of the Department of Finance, more than one) fit and proper person (being a registered pharmaceutical chemist) as a Pharmacy Inspector for the purposes of this Order ( “the Pharmacy Inspector”).

(2) The Pharmacy Inspector shall discharge such duties as may be assigned to him by the Department, and the duties so assigned may include the duty of taking all reasonable steps to enforce the provisions of this Order.

(3) The Pharmacy Inspector, on producing his authority (if requested to do so), may, for the purposes of enforcing the provisions of this Order, at all reasonable times enter any registered pharmacy and make such examination and inquiry and do such other things as may be necessary for ascertaining whether the provisions of this Order are being complied with.

(4) If any person wilfully delays or obstructs the Pharmacy Inspector in the exercise of any powers under this Article, or fails without reasonable excuse to give any information which he is duly required under this Article to give, such person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F4 level 3 on the standard scale].

F4 1984 NI 3

Fees N.I.

25.—(1) The fees paid to the registrar under section 75(1) of the Medicines Act on the entry of premises in the register required to be kept under that section, and the retention or other fees, or any other sums, paid to him under section 76 of that Act, shall be paid by him to the Department.

(2) Of the fees so paid to the Department, such portion, not less than one half, as may be determined by the Department, with the consent of the Department of Finance, shall be paid to the Society.

[F5 Regulations: procedure N.I.

25A.— (1) Regulations made under this Order shall be subject to negative resolution.

(2) Regulations made by the Council under this Order shall not come into operation unless and until they are approved by the Department.]

F5 Art. 25A inserted (1.10.2012) by The Pharmacy (1976 Order) (Amendment) Order (Northern Ireland) 2012 (S.R. 2012/308), arts. 1(1), 9 (with Sch. 3)

Transitional provisions, amendments and repeals N.I.

26.  Without prejudice to the operation of sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] (effect of repeal and substituting provisions)—

(a) the transitional provisions contained in Schedule 4 shall have effect;

Para.(b), with Schedule 5, effects amendments; para.(c), with Schedule 6, effects repeals