The European Qualifications (Pharmacists) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2019

PART 1 N.I. Amendment of the 1976 Order

Interpretation N.I.

1.—(1) In this Schedule, the “ 1976 Order” means the Pharmacy (Northern Ireland) Order 1976 M1 .

(2) The Interpretation Act (Northern Ireland) 1954 M2 applies to Part 3 of this Schedule as it applies to a Part of a Schedule to an Act of the Assembly.

Commencement Information

I1 Sch. para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M1 S.R. 1976/1213. (N.I. 22)

M2 1954 c.33.

Pharmacy (Northern Ireland) Order 1976 N.I.

2.  The 1976 Order is amended as follows.

Commencement Information

I2 Sch. para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

3.  In Article 2(2) (interpretation) M3 — 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”.

Commencement Information

I3 Sch. para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M3 Relevant amending instruments are S.R. 1987/457 and 2008/192 and S.I. 2016/1030.

4.  In Article 4A (continuing professional development) M4 , omit paragraphs (7)(c), (10)(b) and (14). N.I.

Commencement Information

I4 Sch. para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M4 Article 4A was inserted by S.R. 2012/308.

5.  In Article 5 (regulations made by the Council: general) M5 , omit paragraph (1A). N.I.

Commencement Information

I5 Sch. para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M5 Paragraph (1A) was inserted by S.R. 2008/192.

6.  In Article 6 (the registers) M6 — 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.

Commencement Information

I6 Sch. para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M6 Paragraph (1) was substituted by S.R. 2008/192.

7.  In Article 8 (qualifications for registration) M7 — 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.”.

Commencement Information

I7 Sch. para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M7 Paragraph (2)(c) was substituted by S.R. 2008/192 and paragraph (2A) was inserted by S.I. 2015/806. Relevant amending instrument is S.I. 2016/1030.

8.  For Article 8A (registration by virtue of appropriate European diploma) M8 , 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 [F1 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.”.

Textual Amendments

F1 Words in Sch. para. 8 substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 20(5)

Commencement Information

I8 Sch. para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M8 Article 8A was inserted by S.R. 1987/457.

9.  In Article 8AA (supplementary provisions as to the necessary knowledge of English) M9 , omit paragraphs (5) and (7). N.I.

Commencement Information

I9 Sch. para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M9 Article 8AA was inserted by S.I. 2015/806.

10.  Omit Article 8B (visiting pharmaceutical chemist from a relevant European State) M10 . N.I.

Commencement Information

I10 Sch. para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M10 Article 8B was inserted by S.R. 2008/192.

11.  Omit Article 8C (professional traineeships carried out in other relevant European States, etc.) M11 . N.I.

Commencement Information

I11 Sch. para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M11 Article 8C was inserted by S.R. 2016/130.

12.  Omit Article 8D (European professional card) M12 . N.I.

Commencement Information

I12 Sch. para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M12 Article 8D was inserted by S.R. 2016/130.

13.  In Article 9(2) (the registrar) M13 , for “and, (c) and (d)” substitute “ and (c) ”. N.I.

Commencement Information

I13 Sch. para. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M13 Relevant amending instrument is S.R. 2008/192.

14.  In Article 11 (evidence of qualification to be registered) M14 — 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).

Commencement Information

I14 Sch. para. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M14 Paragraph (1A) was inserted by S.R. 2008/192.

15.  Omit Article 11ZZA (appeals: decisions in relation to alerts and European professional cards) M15 . N.I.

Commencement Information

I15 Sch. para. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M15 Article 11ZZA was inserted by S.I. 2016/1030.

16.  Omit Article 11ZZB (appeals to the Council under Article 11ZZA) M16 . N.I.

Commencement Information

I16 Sch. para. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M16 Article 11ZZB was inserted by S.I. 2016/1030.

17.  Omit Article 11ZA (recognition of qualification of exempt persons) M17 . N.I.

Commencement Information

I17 Sch. para. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M17 Article 11ZA was inserted by S.I. 2015/806.

18.  In Article 11A (indemnity arrangements) M18 , omit paragraph (12). N.I.

Commencement Information

I18 Sch. para. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M18 Article 11A was inserted by S.R. 2013/258.

19.  In Article 14(2A) (issue of certificates of registration and penalties for failure to surrender, or abuse of, certificates) M19 , for “8A(1)” substitute “ 8ZA ”. N.I.

Commencement Information

I19 Sch. para. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M19 Paragraph (2A) was inserted by S.R. 1987/457. Relevant amending instrument is S.R. 2008/192.

20.  Omit Article 22A (the Directive: functions of competent authority, etc.) M20 . N.I.

Commencement Information

I20 Sch. para. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M20 Article 22A was inserted by S.I. 2016/1030.

21.  Omit Schedule 2A (table in respect of training in the former Czechoslovakia, the former Soviet Union or the former Yugoslavia) M21 . N.I.

Commencement Information

I21 Sch. para. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M21 Schedule 2A was substituted by S.R. 2008/192.

22.  Omit Schedule 2B (visiting pharmaceutical chemist from a relevant European State) M22 . N.I.

Commencement Information

I22 Sch. para. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M22 Schedule 2B was substituted by S.R. 2008/192.

23.  Omit Schedule 2C (Directive 2005/36/EC: European professional card) M23 . N.I.

Commencement Information

I23 Sch. para. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M23 Schedule 2C was inserted by S.I. 2016/1030.

24.  Omit Schedule 2D (the Directive: functions of the Society under Article 22A) M24 . N.I.

Commencement Information

I24 Sch. para. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M24 Schedule 2D was inserted by S.I. 2016/1030.