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5.—(1) Paragraph 5 of Schedule 1 to the principal Regulations (dispensing of medicines) is amended as follows.
(2) The existing wording shall become sub-paragraph (1) and the words from “who” to the end shall be omitted.
(3) After sub-paragraph (1) insert—
“(2) Where the pharmacist referred to in sub-paragraph (1) is employed, the pharmacist must not be one—
(a)who, having been disqualified under section 29(3)(b) of the Act (or under any corresponding provision in force in England and Wales or Northern Ireland) from inclusion in the pharmaceutical list of any Board (or in England and Wales of a Health Authority or in Northern Ireland of a Health and Social Services Board), is also the subject of a declaration under section 29(3)(c)(1) of the Act (or any corresponding provision in force in England and Wales or Northern Ireland) that he is not fit to be engaged in any capacity in the provision of pharmaceutical services; or
(b)who is suspended by direction of the Tribunal, other than in a case falling within section 32B(3) of the Act.”.
Section 29(3)(b) was created, and (c) was inserted, by section 7 of the National Health Service (Amendment) Act 1995.
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