2B.—(1) In dealing with a relevant applicant who provides services in the United Kingdom pursuant to paragraph 30 of the Schedule in relation to any matter, the Council must treat that person no less favourably than it would treat a native applicant (within the meaning given in regulation 2 of the 2007 Regulations) providing services in Northern Ireland in relation to that matter.
(2) Where an individual is providing services as a pharmacist on a temporary and occasional basis in Switzerland pursuant to Article 23 of the Swiss citizens’ rights agreement, the Council must co-operate with and provide the competent authority in Switzerland with any information relevant to the legality of the individual’s establishment and good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature, in accordance with paragraph 3 of Schedule 3 to the Pharmacy (Northern Ireland) Order 1976, as it applied immediately before IP completion day, or regulation 5(2), (3) and (4) of the 2007 Regulations (as the case may be).
(3) Where an individual has made or makes an application falling within Article 31(1) or 32(1) or (5) of the Swiss citizens’ rights agreement to a competent authority in Switzerland for recognition of a professional qualification awarded or recognised by a competent authority in the United Kingdom, the Council must—
(a)co-operate with the Swiss competent authority or contact point in Switzerland, or the individual (as the case may be), in accordance with Schedule 2D to the Pharmacy (Northern Ireland) Order 1976, as it applied immediately before IP completion day, or regulation 5(2), (5) and (6) of the 2007 Regulations (as the case may be), and
(b)provide information to the competent authority in Switzerland regarding disciplinary action or criminal sanctions taken, or any other serious, specific circumstances which are likely to have consequences for the pursuit of professional activities by that individual.
(4) The Council must process information for the purposes of paragraphs (2) and (3) in accordance with data protection legislation within the meaning given in section 3(9) (terms relating to the processing of personal data) of the Data Protection Act 2018.
(5) In this paragraph, “competent authority”, in relation to Switzerland, has the meaning given in regulation 2(1) of the 2015 Regulations, as it had effect immediately before IP completion day.]
Textual Amendments
F1Regs. 2A, 2B inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 20(3)
Commencement Information
I1Reg. 2B in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)