Coronavirus Act 2020

Emergency registration of pharmaceutical chemists

3 After Article 8D insert—

“8E Temporary registration in the register of pharmaceutical chemists in certain emergencies

(1) The registrar may register a person, or the persons comprising a specified group of persons, in the register of pharmaceutical chemists if the conditions set out in paragraph (2) are satisfied.

(2) The conditions are that—

(a) the Department has advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this Article; and

(b) the registrar considers that the emergency registration requirement is met in relation to the person or group of persons.

(3) The emergency registration requirement is met—

(a) in relation to a person, if the person is a fit, proper and suitably experienced person to be registered as a pharmaceutical chemist with regard to the emergency;

(b) in relation to a group of persons, if the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as pharmaceutical chemists with regard to the emergency.

(4) The registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.

(5) A person’s registration under this Article has effect subject to any conditions imposed by the registrar; and the registrar may at any time vary or revoke such a condition or add new conditions.

(6) Where a person is registered under this Article as a member of a specified group, the person’s registration may (but need not) be subject to the same conditions as the registration of other members of the group.

(7) The registration of a person under this Article ceases to have effect if revoked by the registrar; and the registrar—

(a) must revoke the registration if the Department advises the registrar that the circumstances that led the Department to give the advice referred to in paragraph (2)(a) no longer exist;

(b) may at any time revoke the registration for any other reason, including where the registrar has grounds for suspecting that the person’s fitness to practise may be impaired.

(8) A person’s registration as a member of a specified group may be revoked—

(a) without revoking the registration of the other members of the group; or

(b) as a result of a decision to revoke the registration of all the members of the group.

(9) Regulations made under Article 5 with respect to the following matters do not apply to persons registered under this Article—

(a) paragraph (1)(b) (examinations and qualifications for registration);

(b) paragraph (1)(bb), in so far as it refers to the necessary knowledge of English;

(c) paragraph (1)(e) (fees);

(d) paragraph (1)(f), (ffg) and (g) (qualifications etc in relation to registration);

(e) such other matters as the Council may by regulations provide;

but this is subject to paragraph (11).

(10) The following provisions of this Order do not apply to persons registered under this Article—

(a) Article 4A (continuing professional development);

(b) Articles 7, 8 and 8AA (provisions relating to registration);

(c) Article 11(1) (evidence of qualification required for registration);

(d) Article 15 (retention fees);

(e) Article 20 and Schedule 3 (fitness to practise) other than paragraphs 1 to 3; and

(f) such other provisions as the Council may by regulations provide;

but this is subject to paragraph (11).

(11) The Council may make regulations that provide that the following apply to persons registered under this Article—

(a) regulations with respect to any of the matters referred to in paragraph (9)(a) to (e); and

(b) any of the provisions of this Order referred to in paragraph (10)(a) to (f).

(12) If a person breaches any condition to which the person’s registration under this Article is subject, anything done by that person in breach of the condition is to be treated as not being done by a registered pharmaceutical chemist.

(13) The registrar may make available information to assist with the identification of persons registered under this Article in such manner as the registrar sees fit.

(14) In this Article—

• “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004 (meaning of “emergency”), read with subsection (2)(a) and (b) of that section;

• “specified” means specified in a direction given by the registrar or by a person authorised by the registrar.”