PART 3Transitional and saving provision relating to the amendments in Parts 1 and 2
Pending applications
29. Where an application for registration, or retention, in a part of the register kept under the 1976 Order is received before exit day, any provision made by or under that Order (except for provision contained in Schedule 2C to the Order) continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 or 2 of this Schedule.
Visiting practitioners from relevant European States – saving of old law for up to one year
30.—(1) Where, immediately before exit 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.
(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 exit day (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule).
(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) |
European professional card
31.—(1) Sub-paragraph (2) applies where, immediately before exit day—
(a)a person held a valid European professional card for establishment as a pharmaceutical chemist in Northern Ireland, or
(b)the Society was in receipt of a person’s application for such a card, the application having been transmitted to it under Article 4d(1) of the Directive.
(2) For the purposes of registration in the register kept under the 1976 Order, the person is not required to resubmit any document or evidence held by the Society which is derived from the person’s IMI file and which does not appear to the Society to have become invalid.
(3) In this paragraph—
(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, p 22), as it had effect immediately before exit day;
(b)“IMI file” has the meaning given by Article 2 of the 1976 Order as it had effect immediately before exit day.
32.—(1) Where immediately before exit day, a person was entitled as mentioned in paragraph 15(2) of Schedule 2C to the 1976 Order, any provision made by or under that Order continues to apply in relation to the person without the amendments made by Part 1 or 2 of this Schedule to the provisions relating to the provision of occasional pharmacy services by holders of a European professional card.
(2) For the purposes of paragraph 15(4)(a) of Schedule 2C to the 1976 Order as it continues to apply by virtue of sub-paragraph (1), a European professional card that was transmitted as mentioned in paragraph 15(1)(a) of that Schedule is to be treated as becoming invalid on the expiry of the period of 18 months beginning with the day on which it was transmitted.
(3) The reference in sub-paragraph (1) to “the provisions relating to the provision of occasional pharmacy services by holders of a European professional card” is to the provisions listed in the following table.
Instrument | Provisions relating to visiting practitioners holding a European professional card |
---|
The 1976 Order | In Article 2(2), the definitions of “competent authorities”, “European professional card”, “General Systems Regulations”, “IMI”, “IMI file”, “registered”, “relevant European State” and “registered person” |
| Article 4A(7)(c), (10)(b) and (14) |
| Article 5(1A) |
| Article 6(1) |
| Article 8B |
| Article 8D |
| Article 9(2) |
| In Schedule 2C, paragraphs 2 (except the definitions of “EPC holder” and “missing document”), 15 and 16 |
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) |
33.—(1) A decision within Article 11ZZA(b) of the 1976 Order taken before exit day, or a failure within Article 11ZZA(c) of that Order arising before exit day, continues to be appealable for the purposes of Article 11ZZB of that Order (subject to the provisions of the Order) despite the revocation of Article 11ZZA(b) and 11ZZA(c).
(2) In disposing of such an appeal, the powers of the Council are, instead of those set out in Article 11ZZB(4), to—
(a)dismiss the appeal;
(b)allow the appeal and direct the Society to take such steps as the Council thinks fit to draw the findings of the Council to the European Commission; or
(c)direct that the person in respect of whom the decision was taken (or the failure arose) is to be treated, for the purposes of paragraph 31(1)(a), as a person who held a valid European professional card for establishment as a pharmaceutical chemist in Northern Ireland immediately before exit day.
IMI Alerts
34.—(1) Where an alert has been sent by the Society before exit day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015(a) (as they had effect before exit day), the decision to send the alert continues to be appealable for the purposes of Article 11ZZA of the 1976 Order (subject to the provisions of that Order) despite the revocation of Article 11ZZB.
(2) In disposing of such an appeal, the powers of the Council are, instead of those set out in Article 11ZZB(4), to—
(a)dismiss the appeal, or
(b)allow the appeal and direct the Society to take such steps as the Council thinks fit to draw the findings of the Council to the attention of the European Commission.
Interpretation of Saved Provisions
35. Where a provision continues to apply by virtue of this Part, it is to be read as if—
(a)in Article 2(2) of the 1976 Order—
(i)there were substituted for the definition of “the Directive”—
““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 L255, 30.09.2005, p 22), and any reference in this Order to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before exit day;”;
(ii)there were inserted at the appropriate place—
““enforceable EU right” means a right recognised and available in domestic law, immediately before exit day, by virtue of section 2(1) of the European Communities Act 1972;”;
(iii)in the definition of “exempt person”, for paragraphs (a) to (c) there were substituted—
“(a)a person who, immediately before exit day, was a national of a relevant European State,
(b)a person who, immediately before exit day, was a national of the United Kingdom and, at that time, was seeking access to, or pursing, the profession of pharmacy by virtue of an enforceable EU right, or
(c)a person who, immediately before exit day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the profession of pharmacy, no less favourably than a national of relevant European State;”;
(iv)in the definition of “General Systems Regulations”, after “S.I. 2015/2059” there were inserted—
“—
(a)
in relation to anything done before exit day, as they had effect at that time;
(b)
otherwise, as (and only to the extent that) they have effect on and after exit day, in relation to an entitlement which arose before exit day or arises after as a result of something done before exit day;”;
(b)in any reference to “a relevant European State other than the United Kingdom”, the words “other than the United Kingdom” were omitted.