The Pharmacy (Premises Standards, Information Obligations, etc.) Order 2016

New section 82A of the 1968 Act U.K.

11.  After section 82 of the 1968 Act (procedure relating to disqualification), insert the following section—

“Interim measures

82A.— (1) Subsection (2) applies where—

(a) the relevant disciplinary committee have given a direction (“the principal direction”) under section 80(1), (1A) or (2) in relation to a body corporate, pharmacist or partnership; and

(b) the direction has not yet taken effect.

(2) Where the committee are satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, the committee may direct the registrar to suspend from the register, until the principal direction takes effect or an appeal under section 82(3) against the principal direction is successful—

(a) all entries of premises entered in the register as premises at or from which the body corporate, pharmacist or partnership carries on a retail pharmacy business; or

(b) entries of such of those premises as may be specified in the direction under this subsection.

(3) Where the committee give a direction under subsection (2), the registrar must send to the body corporate, pharmacist or partnership to whom the direction relates a statement in writing giving that person notice of—

(a) the contents of the direction; and

(b) the right of appeal under subsection (5).

(4) The statement must be sent—

(a) in the case of a body corporate, to the body corporate at its registered or principal office;

(b) in the case of a pharmacist, to the pharmacist at the pharmacist’s home address in the register;

(c) in the case of a partnership, to the partnership at its principal office.

(5) A body corporate, pharmacist or partnership to whom a direction under subsection (2) relates may appeal against the direction to the High Court.

(6) Subsections (4) to (6) of section 82 apply in relation to an appeal under subsection (5) as they apply in relation to an appeal under section 82(3).

(7) Subsections (7) and (8) of section 82 apply in the application of this section to Scotland or Northern Ireland as they apply in the application of section 82 to Scotland or Northern Ireland.”.

Commencement Information

I1 Art. 11 not in force at made date, see art. 1(3)

I2 Art. 11 in force at 24.5.2018 for E.W.S. by S.I. 2018/512, art. 2(1)(a)(ii)(2)