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

Amendment of article 7 of the 2010 Order

19.—(1) Article 7 of the 2010 Order (standards: general) is amended as follows.

(2) For paragraph (1) substitute—

“(1) In the exercise of its functions under article 4(3)(b), the Council must set standards that are to be met in connection with the carrying on of a retail pharmacy business at or from a registered pharmacy by the person carrying on that business.”.

(3) Omit paragraph (2).

(4) For paragraph (3) substitute—

“(3) The standards may, in particular, relate to—

(a) governance arrangements for registered pharmacies, including arrangements for managing and monitoring the safe and effective provision of pharmacy services at or from registered pharmacies;

(b) the working environment at and the condition of registered pharmacies;

(c) the patient and public experience of pharmacy services provided at or from registered pharmacies;

(d) the condition of the equipment and facilities used in the provision of pharmacy services at or from registered pharmacies;

(e) the working environment at and condition of associated premises and the condition of equipment and facilities at associated premises (being premises at which activities are carried on which are integral to the provision of pharmacy services at or from registered pharmacies), but only to the extent appropriate for ensuring the safe and effective provision of pharmacy services at or from registered pharmacies;

(f) training of staff of the retail pharmacy business;

(g) arrangements for ensuring staff of the retail pharmacy business—

(i) have the authority and ability to act to ensure, and

(ii) are properly held accountable for,

the health, safety and well-being of patients to whom pharmacy services are provided at or from registered pharmacies, and of other persons at registered pharmacies.”.

(5) In paragraph (4)—

(a) for “must also” substitute “may”; and

(b) in sub-paragraph (b)—

(i) omit “or” at the end of paragraph (i),

(ii) after paragraph (i) insert the following paragraph—

“(ia) on or within a specified period after the occurrence of any event (which includes a decision that an event is to occur) of a description specified in the rules, or”, and

(iii) for paragraph (ii) substitute the following paragraph—

“(ii) on such dates or at such intervals as may be specified in the rules or the Council may determine (whether generally, in relation to a description of persons carrying on a retail pharmacy business or in relation to particular persons carrying on such a business); and”.

(6) In paragraph (5)—

(a) for “must,” substitute “may,”; and

(b) for sub-paragraph (c), substitute—

“(c) where medicinal products are sold by retail, or supplied in circumstances corresponding to retail sale, at or from premises of a body corporate that is carrying on a retail pharmacy business at or from those premises, the name and home address of the superintendent pharmacist of that business;”.

(7) In paragraph (6)—

(a) in sub-paragraph (a)—

(i) in paragraph (i), after “charged” insert “or for which that individual has been cautioned”,

(ii) in paragraph (ii), for “has been charged” substitute “or the partnership (whether or not as an entity separate from the partners) has been charged or for which the partner or partnership has been cautioned”, and

(iii) in paragraph (iii), for “has been charged” substitute “or (if not a director) its superintendent pharmacist has been charged or for which the body corporate, a director or the superintendent pharmacist has been cautioned”; and

(b) in sub-paragraph (b)—

(i) in paragraph (ii), after “a partnership,” insert “the partnership or”, and

(ii) in paragraph (iii), after “any director” insert “or (if not a director) the superintendent pharmacist”.

(8) Omit paragraph (7).