Pharmacy Act 1954 (repealed)

[F1 4A Qualification by appropriate European diploma for registrationF22 E+W+S

(1) Any national of [F2 an EEA State] who holds an appropriate European diploma and satisfies such conditions (if any) as to character and as to physical and mental health as may be prescribed shall be qualified to have his name registered; and where a name is registered by virtue of this section an indication that the name has been registered in respect of an appropriate European diploma shall be entered in the register against that name.

[F3 (1A) Any person who—

(a) is not a national of [F2 an EEA State], but

(b) is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68F4 or any other enforceable Community right, entitled to be treated, for the purposes of access to the profession of pharmacy, no less favourably than a national of such a State,

shall be treated for the purposes of subsection (1) above as if he were such a national.]

(2) Subject to subsections (3) to [F5 (4)] of this section, the following diplomas are appropriate European diplomas for the purposes of this section, namely—

(a) any diploma specified in Schedule 1A to this Act; F6 . . .

(b) any diploma in pharmacy which is not so specified but has been granted in [F2 an EEA State] either before the implementation date or to a person who commenced the training of which the diploma is evidence before that date.

[F7 (c) any diploma in pharmacy which is not so specified but is evidence of training commenced before 3rd October 1990 and undertaken on the territory of the former German Democratic Republic.]

[F8 (d) any diploma in pharmacy granted in an EEA State which is not specified in Schedule 1A to this Act and which does not fall within paragraph (b) or (c) above.]

(3) A diploma granted in [F2 an EEA State] before the implementation date or granted to a person who began the training of which the diploma is evidence before that date is not an appropriate European diploma for the purposes of this section unless—

(a) in the case of a diploma specified in Schedule 1A to this Act [F9 (except one falling within subsection (3C) of this section)], either—

(i) the diploma [F10 is evidence of] training that would have satisfied the requirements laid down by the Pharmacists Training Directive; or

(ii) the competent authorities of any [F11 EEA State] have certified that the holder of the diploma has lawfully practised pharmacy for at least three consecutive years during the five years preceding the date of the certificate;

or

[F12 (b) in the case of any diploma falling within subsection (2) (b) of this section—

(i) the diploma is evidence of training which would satisfy the requirements of Article 2 of the Pharmacists Training Directive and is treated by the competent authorities of the [F11 EEA State] in which it was awarded as equivalent to a diploma specified in Schedule 1A to this Act; or

(ii) the competent authorities of any [F11 EEA State] have certified that the holder of the diploma has lawfully practised pharmacy for at least three consecutive years during the five years preceding the date of the certificate.]

[F13 (3A) A diploma such as is mentioned in subsection (2)(c) of this section is not an appropriate European diploma for the purposes of this section unless—

(a) it entitles its holder to practise pharmacy throughout the territory of Germany on the same conditions as those applying to the holder of a diploma specified in paragraph 4(1) of Schedule 1A to this Act; and

(b) the competent authorities in Germany have certified that the holder of the diploma has lawfully practised pharmacy in Germany for at least three consecutive years during the five years preceding the date of the certificate.]

[F14 (3B) A diploma such as is mentioned in subsection (2)(d) of this section is not an appropriate European diploma for the purposes of this section unless the competent authorities of the EEA State in which it was awarded have certified—

(a) that the diploma is evidence of training which satisfies the requirements of Article 2 of the Pharmacists Training Directive; and

(b) that it is treated by the competent authorities of the EEA State in which it was awarded as equivalent to a diploma specified in respect of that State in Schedule 1A to this Act.

(3C) A diploma specified in Schedule 1A to this Act in respect of Italy which is not evidence of training which satisfies the requirements of the Pharmacists Training Directive and which was awarded in respect of training which began before 1st November 1993 (but not before 1st October 1987) and finished before 1st November 2003 is not an appropriate European diploma for the purposes of this section unless the competent authorities of Italy have certified—

(a) that the holder of the diploma has been effectively and lawfully engaged in Italy in one of the activities referred to in Article 1(2) of the Pharmacists Training Directive;

(b) that he was so engaged for at least three consecutive years during the five years preceding the date of the certificate; and

(c) that the activity in question was at all relevant times regulated in Italy.]

(4) Where under subsection (2) of section 2 of this Act it falls to the registrar or the Council to determine whether or not any of the conditions specified in subsection (3)[F15 , (3A), (3B) or (3C)] of this section is satisfied in relation to any diploma—

(a) the satisfaction of the condition specified in paragraph (a)(i) of the said subsection (3) may be established by the production of a certificate of the competent authorities of the [F11 EEA State] in relation to which the diploma is specified in Schedule 1A to this Act, or otherwise; and

[F16 (aa) the satisfaction of the condition specified in paragraph (b)(i) of the said subsection (3), or paragraph (a) of subsection (3A), may be established by the production of a certificate of the competent authorities of the [F11 EEA State] in which the diploma was awarded, or otherwise,]

[F17 (b) the satisfaction of the condition specified in—

(i) paragraph (a)(ii) or (b)(ii) of subsection (3);

(ii) paragraph (b) of subsection (3A);

(iii) paragraph (a) or (b) of subsection (3B); or

(iv) paragraph (a), (b) or (c) of subsection (3C),

shall be established by the production of the relevant certificate, and not otherwise.]

F18 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section and Schedule 1A to this Act—

• [F19 “competent authorities”, in relation to an EEA State, means any authority or body designated by that EEA State in accordance with the Pharmacists Recognition Directive;]

• “employed person” means an employed person in accordance with Council Regulation (EEC) No.M1 1612/68 on freedom of movement for workers within the Community;

• “the implementation date”, in relation to [F2 an EEA State], means the date on which that State implemented the Pharmacists Training Directive;

• F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the Pharmacists Training Directive” means Community Council Directive No.M2 85/432/EEC concerning the co-ordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy [F21 as amended by Directive 2001/19/EC].

(7) For the purposes of this section [F2 an EEA State] is to be regarded as having implemented the Pharmacists Training Directive on the date notified to the Commission of the European Communities as that on which it did so.]

Textual Amendments

F1 S. 4A inserted by S.I. 1987/2202, art. 2(4)

F2 Words in s. 4A substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(a)

F3 S. 4A(1A) inserted (28.6.1996) by S.I. 1996/1405, reg. 2(2)

F4 OJ No. L 257, 19.10.68, p. 2 (OJ/SE 1968 II) p. 475 amended by Council Regulation (EEC) No. 312/76 (OJ No. L039, 14.02.76, p. 2).

F5 Word in s. 4A(2) substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(c)(i)

F6 Word in s. 4A(2)(a) repealed (28.6.1996) by S.I. 1996/1405, reg. 2(3)

F7 S. 4A(2)(c) inserted (28.6.1996) by S.I. 1996/1405, reg. 2(3)

F8 S. 4A(2)(d) added (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(c)(ii)

F9 Words in s. 4A(3)(a) inserted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(d)

F10 Words in s. 4A(3)(a)(i) substituted (28.6.1996) by S.I. 1996/1405, reg. 2(4)(a)

F11 Words in s. 4A substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(b)

F12 S. 4A(3)(b) substituted (28.6.1996) by S.I. 1996/1405, reg. 2(4)(b)

F13 S. 4A(3A) inserted (28.6.1996) by S.I. 1996/1405, reg. 2(5)

F14 S. 4A(3B)(3C) inserted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(e)

F15 Words in s. 4A(4) inserted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(f)(i)

F16 S. 4A(aa) inserted (28.6.1996) by S.I. 1996/1405, reg. 2(6)(a)

F17 S. 4A(4)(b) substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(f)(ii)

F18 S. 4A(5) omitted (31.12.2003) by virtue of The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(g)

F19 Words in s. 4A(6) substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(h)(i)

F20 Words in s. 4A(6) omitted (31.12.2003) by virtue of The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(h)(ii)

F21 Words in s. 4A(6) added (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(h)(iii)

Modifications etc. (not altering text)

C1 S. 4A restricted (31.3.1995) by S.I. 1995/414, reg. 5(13)

Marginal Citations

M1 O.J. No. L257/2.

M2 O.J. No. L253/34.

Textual Amendments applied to the whole legislation

F22 Act: power to modify conferred (15.3.2000) by 1999 c. 8, s. 60(1)(2)(a)(4), Sch. 3; S.I. 2000/779, art. 2(1)