PART 1N.I.Amendment of the 1976 Order
InterpretationN.I.
1.—(1) In this Schedule, the “1976 Order” means the Pharmacy (Northern Ireland) Order 1976 .
(2) The Interpretation Act (Northern Ireland) 1954 applies to Part 3 of this Schedule as it applies to a Part of a Schedule to an Act of the Assembly.
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Pharmacy (Northern Ireland) Order 1976N.I.
2. The 1976 Order is amended as follows.
3. In Article 2(2) (interpretation) —N.I.
(a)omit the definitions of “competent authorities”, “Directive 2002/58/EC”, “the Directive”, “European professional card”, “exempt person”, “General Systems Regulations”; “IMI”, “IMI file”, “national”, “reference date”, “relevant European State” and “third country”;
(b)in the definition of “registered”, omit “visiting pharmaceutical chemist from a relevant European State”;
(c)in the definition of “registered person”, omit “, visiting pharmaceutical chemist from a relevant European State”.
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4. In Article 4A (continuing professional development) , omit paragraphs (7)(c), (10)(b) and (14).N.I.
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5. In Article 5 (regulations made by the Council: general) , omit paragraph (1A).N.I.
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6. In Article 6 (the registers) —N.I.
(a)in paragraph (1), omit “, and in relation to the register mentioned in sub-paragraph (d) there shall be kept,”;
(b)after paragraph (1)(b), insert “ and ”;
(c)omit paragraph (1)(d) and the “and” before it.
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7. In Article 8 (qualifications for registration) —N.I.
(a)for paragraph (2)(c), substitute—
“(c)every person who holds a relevant European qualification.”;
(b)after paragraph (2A), insert—
“(2B) In paragraph (2)(c), “a relevant European qualification” means a qualification that falls within Article 8A (relevant European qualifications) and has not been designated by the registrar for the purposes of this paragraph.
(2C) The registrar—
(a)may designate a qualification for the purposes of paragraph (2B) only with the approval of the Department;
(b)must maintain and publish a list of the qualifications that are so designated.”.
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8. For Article 8A (registration by virtue of appropriate European diploma) , including the heading, substitute—N.I.
“Relevant European qualifications
8A.—(1) Subject to the following provisions of this Article, a qualification falls within this Article if it was awarded in a relevant European State and is listed in Annex V, point 5.6.2 of the Directive.
(2) A qualification falls within this Article only if it is accompanied, where applicable, by the certificate listed in relation to the qualification in the column entitled “Certificate accompanying the diploma” in Annex V, point 5.6.2 of the Directive.
(3) A qualification does not fall within this Article if it was awarded before the reference date, or is evidence of training begun before that date.
(4) In this Article—
(a)“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p22); and references in this Article to the Directive or to a provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before [IP completion day];
(b)“reference date” means the date listed in relation to the State in which the qualification was awarded in the column entitled “Reference date” in Annex V, point 5.6.2 of the Directive;
(c)“relevant European State” means an EEA State or Switzerland.
Relevant European qualification: indication in the register
8ZA. Where a person is registered by virtue of Article 8(2)(c), an indication that the person has been registered in respect of a relevant European qualification shall be entered in the register against the person's name.”.
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9. In Article 8AA (supplementary provisions as to the necessary knowledge of English) , omit paragraphs (5) and (7).N.I.
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10. Omit Article 8B (visiting pharmaceutical chemist from a relevant European State) .N.I.
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11. Omit Article 8C (professional traineeships carried out in other relevant European States, etc.) .N.I.
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12. Omit Article 8D (European professional card) .N.I.
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13. In Article 9(2) (the registrar) , for “and, (c) and (d)” substitute “ and (c) ”.N.I.
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14. In Article 11 (evidence of qualification to be registered) —N.I.
(a)after paragraph (1) insert—
“(1ZA) Article 8A does not restrict what may otherwise be done by the registrar under paragraph (1) in order to be satisfied as referred to in that paragraph.”;
(b)omit paragraph (1A).
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15. Omit Article 11ZZA (appeals: decisions in relation to alerts and European professional cards) .N.I.
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16. Omit Article 11ZZB (appeals to the Council under Article 11ZZA) .N.I.
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17. Omit Article 11ZA (recognition of qualification of exempt persons) .N.I.
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18. In Article 11A (indemnity arrangements) , omit paragraph (12).N.I.
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19. In Article 14(2A) (issue of certificates of registration and penalties for failure to surrender, or abuse of, certificates) , for “8A(1)” substitute “ 8ZA ”.N.I.
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20. Omit Article 22A (the Directive: functions of competent authority, etc.) .N.I.
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21. Omit Schedule 2A (table in respect of training in the former Czechoslovakia, the former Soviet Union or the former Yugoslavia) .N.I.
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22. Omit Schedule 2B (visiting pharmaceutical chemist from a relevant European State) .N.I.
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23. Omit Schedule 2C (Directive 2005/36/EC: European professional card) .N.I.
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24. Omit Schedule 2D (the Directive: functions of the Society under Article 22A) .N.I.
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