The Pharmacy (Premises Standards, Information Obligations, etc.) Order 2016

Prospective

Amendment of paragraph 8 of Schedule 3 to the 1976 Order N.I.

15.—(1) Paragraph 8 of Schedule 3 to the 1976 Order(1) (fitness to practise – interim orders) is amended as follows.

(2) In sub-paragraph (1)(a), omit “(an “interim suspension order”)”.

(3) After sub-paragraph (1) insert the following sub-paragraphs—

“(1A) Where, during an inquiry under section 80(1) or (1A) of the Medicines Act, the Statutory Committee is satisfied that it is necessary for the protection of the public or is otherwise in the public interest to suspend one or more of the entries in the premises register relating to a person carrying on a retail pharmacy business (“a pharmacy owner”), the Committee may make an order that the entry (or entries) in question be suspended for such period not exceeding 18 months as may be specified in the order.

(1B) In this paragraph—

“interim suspension order” means an order under sub-paragraph (1)(a) or (1A); and

“premises register” means the register kept for the purposes of section 75 of the Medicines Act(2) (registration of premises: Northern Ireland).”.

(4) In sub-paragraph (2)—

(a) after “sub-paragraph (1)” insert “or (1A)”; and

(b) in paragraph (a)(ii), for “the person concerned” substitute “the registered person or pharmacy owner concerned”.

(5) In sub-paragraph (3)—

(a) for “to any person” substitute “to any registered person or pharmacy owner”; and

(b) in paragraph (c), before “if satisfied that” insert “as regards a registered person,”.

(6) For sub-paragraph (4) substitute—

“(4) If an order is made, revoked or varied under any provision of this paragraph, the registrar must without delay send to the registered person or pharmacy owner in respect of whose entry in the register or the premises register it relates a statement in writing giving the registered person or pharmacy owner notice of the order, the revocation or, as the case may be, the variation.”.

(7) In sub-paragraph (5), after “sub-paragraph (1)” insert “, (1A)”.

(8) In sub-paragraph (8), after “a registered person” insert “or pharmacy owner”.

(9) In sub-paragraph (10), for “any person” substitute “a registered person”.

(10) After sub-paragraph (10), insert the following sub-paragraph—

“(10A) At the conclusion of an inquiry under section 80(1) or (1A) of the Medicines Act, if an interim suspension order remains in effect in relation to the pharmacy owner who was the subject of the inquiry, the Statutory Committee must revoke the order whether or not a direction is given in relation to the pharmacy owner under that section.”.

Commencement Information

I1 Art. 15 not in force at made date, see art. 1(3)

(1)

Schedule 3 was inserted by S.R. 2012/308.

(2)

Section 75 has been amended by S.I. 2010/231 and is amended by article 8.