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SCHEDULEN.I.Amendments relating to pharmacists in Northern Ireland

PART 3N.I.Transitional and saving provision relating to the amendments in Parts 1 and 2

Pending applicationsN.I.

29.  Where an application for registration, or retention, in a part of the register kept under the 1976 Order is received before [F1IP completion day], any provision made by or under that Order (except for provision contained in Schedule 2C to the Order) continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 or 2 of this Schedule.

Textual Amendments

Commencement Information

I1Sch. para. 29 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)

[F2Swiss pharmacists: saving of old lawN.I.

29A.—(1) Where an application for registration in the register mentioned in Article 6(1)(a) of the 1976 Order is received from a Swiss pharmacist before the end of the period of four years beginning with the day immediately after IP completion day, any provision made by or under the 1976 Order (except for the provision contained in Schedule 2C to the Order) continues to apply in relation to the application without the amendments Parts 1 and 2 of this Schedule make to the provisions mentioned in sub-paragraph (3) (but subject to the modifications to the 1976 Order and the Registration Regulations specified in sub-paragraphs (4) and (5)).

(2) For the purposes of this paragraph, “Swiss pharmacist” means a qualifying applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019) who had not, before IP completion day, made an application in the register mentioned in Article 6(1)(a) of the 1976 Order.

(3) The provisions mentioned in sub-paragraph (1) are—

(a)in the 1976 Order—

(i)in Article 2(2), the definitions of “competent authorities”, “the Directive”, “General Systems Regulations”, and “relevant European State”,

(ii)Article 8,

(iii)Article 8A,

(iv)Article 8AA,

(v)Article 8C,

(vi)Article 11,

(vii)Article 11ZA,

(viii)Article 14(2A),

(ix)Schedule 2A;

(b)Article 63AA(3)(c) of the Health and Personal Social Services (Northern Ireland) Order 1972;

(c)the European Qualifications (Pharmacy) Regulations (Northern Ireland) 2008;

(d)the Registration Regulations 2008.

(4) The modifications to the 1976 Order mentioned in sub-paragraph (1) are—

(a)Article 2(2) is to have effect as if at the end of the definition of “General Systems Regulations” there were inserted “as (and only to the extent that) they have effect, after IP completion day, in relation to an entitlement which arises in relation to a relevant qualification (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”;

(b)Article 8(2)(c) is to have effect as if, in the words before paragraph (i), the reference to an exempt person were a reference to a Swiss pharmacist within the meaning given in this paragraph of this Schedule;

(c)Article 8AA(7) is to have effect as if the reference to an exempt person were a reference to a Swiss pharmacist within the meaning given in this paragraph of this Schedule;

(5) The modifications to the Registration Regulations mentioned in sub-paragraph (1) are that regulation 2 is to have effect as if—

(a)in paragraph (1) for “an exempt person” there were substituted “a Swiss pharmacist (within the meaning given in paragraph 29A of the Schedule to the European Qualifications (Pharmacists) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2019)”;

(b)for paragraph (2), there were substituted—

“(2) Proof that E is a national of the United Kingdom or Switzerland or (where E is not a national of the United Kingdom or Switzerland) proof of the enforceable EU right by virtue of which E is a Swiss pharmacist.”;

(c)any reference in paragraphs (3) to (6) to “E’s attesting State” were a reference to Switzerland.

(6) In this paragraph, “the Registration Regulations” means the Registration of Pharmaceutical Chemists (Exempt Persons) Regulations (Northern Ireland) 2008.]

Textual Amendments

Commencement Information

I2Sch. para. 29A 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)

Visiting practitioners from relevant European States – saving of old law for up to [F3five years] N.I.

30.—(1) Where, immediately before [F4IP completion day]—

(a)a visiting practitioner was entitled under paragraph 4 or 7 of Schedule 2B to the 1976 Order to provide occasional pharmacy services, or

(b)the registrar was in receipt of the required documents (within the meaning of paragraph 5 of that Schedule) from a visiting practitioner seeking to acquire that entitlement,

any provision made by an Act or instrument amended by Part 1 or 2 of this Schedule continues to apply in relation to the practitioner without the amendments that Part 1 or 2 of this Schedule makes to the provisions relating to visiting practitioners from relevant European States [F5(but subject, in the case of a Swiss visiting practitioner, to the modifications to the 1976 Order specified in sub-paragraph (4))].

(2) But a visiting practitioner's entitlement does not continue (or further continue) under paragraph 7 of Schedule 2B to the 1976 Order on or after [F6IP completion day] (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule).

[F7(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting practitioner.

(2B) But a Swiss visiting practitioner’s entitlement does not continue (or further continue) under paragraph 7 of Schedule 2B to the 1976 Order after the end of the visiting practitioner transitional period (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule).

(2C) In this paragraph—

“Swiss visiting practitioner” means a visiting practitioner who is—

(a)

a national of the United Kingdom,

(b)

a national of Switzerland, or

(c)

a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of a particular profession, no less favourably than a national of either of those states;

“visiting practitioner transitional period” means—

(a)

the period of five years beginning with IP completion day, or

(b)

if the period in paragraph (a) is extended in accordance with Article 23(2) of the Swiss citizens’ rights agreement, that period as extended.]

(3) The reference in sub-paragraph (1) to “the provisions relating to visiting practitioners from relevant European States” is to the provisions listed in the following table.

InstrumentProvisions relating to visiting practitioners
The 1976 OrderIn Article 2(2), the definitions of “competent authorities”, “exempt person”, “General Systems Regulations”, “national”, “registered”, “relevant European State” and “registered person”
Article 4A(7)(c), (10)(b) and (14)
Article 5(1A)
Article 6(1)
Article 8B
Article 9(2)
Article 11A(12)
Schedule 2B
The Council of the Pharmaceutical Society of Northern Ireland (Continuing Professional Development) Regulations (Northern Ireland) 2012Regulation 2(7)(b)(ii)
Regulation 3(3)
Regulation 4(1)(f)(ii)

[F8(4) The modifications to the 1976 Order mentioned in sub-paragraph (1) are—

(a)Article 2(2) is to be read as if, in the definition of “competent authorities” for “a relevant European State” there were substituted “Switzerland”;

(b)Article 4A(14) is to be read as if for the words from “the relevant” to the end there were substituted “Switzerland”;

(c)Schedule 2B is to be read as if—

(i)for paragraph 1, there were substituted—

“1.  This Schedule applies to a Swiss visiting practitioner (within the meaning given in paragraph 30(2C) of the Schedule to the European Qualifications (Pharmacists) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2019) who is lawfully established as a pharmacist in Switzerland.”;

(ii)in paragraph 2—

(aa)before sub-paragraph (a), there were inserted—

“(za)an “existing contract” means a written contract which was concluded, and performance of which started, before IP completion day;”;

(bb)in sub-paragraph (a), for “an exempt person” there were substituted “a Swiss visiting practitioner”;

(cc)in sub-paragraph (b), for the words from “the relevant” to the end, there were substituted “Switzerland”;

(dd)in sub-paragraph (c), after “basis” there were inserted—

“—

(i)on the basis of one or more existing contracts, and

(ii)for a period not exceeding 90 days in total in any calendar year.”;

(iii)in paragraph 5(2)—

(aa)in paragraph (b), for “a relevant European State” there were substituted “the United Kingdom or Switzerland”;

(bb)in paragraph (c), for the words from “a relevant European State” to the end, there were substituted “the United Kingdom or Switzerland, proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting practitioner”;

(iv)in paragraph 7(6), after paragraph (a), there were inserted—

“(aa)contains details of the existing contract or contracts on the basis of which the occasional pharmacy services will continue to be provided;”, and

(v)in paragraph 8(5), after paragraph (a), there were inserted—

“(aa)the existing contract, or last of the existing contracts, on the basis of which the visiting practitioner was providing occasional pharmacy services, is terminated or otherwise expires; or”.]

Textual Amendments

Commencement Information

I3Sch. para. 30 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)

European professional cardN.I.

31.—(1) Sub-paragraph (2) applies where, immediately before [F9IP completion day]—

(a)a person held a valid European professional card for establishment as a pharmaceutical chemist in Northern Ireland, or

(b)the Society was in receipt of a person's application for such a card, the application having been transmitted to it under Article 4d(1) of the Directive.

(2) For the purposes of registration in the register kept under the 1976 Order, the person is not required to resubmit any document or evidence held by the Society which is derived from the person's IMI file and which does not appear to the Society to have become invalid.

(3) In this paragraph—

(a)“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), as it had effect immediately before [F10IP completion day];

(b)“IMI file” has the meaning given by Article 2 of the 1976 Order as it had effect immediately before [F10IP completion day].

Textual Amendments

Commencement Information

I4Sch. para. 31 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)

32.—(1) Where immediately before [F11IP completion day], a person was entitled as mentioned in paragraph 15(2) of Schedule 2C to the 1976 Order, any provision made by or under that Order continues to apply in relation to the person without the amendments made by Part 1 or 2 of this Schedule to the provisions relating to the provision of occasional pharmacy services by holders of a European professional card.N.I.

(2) For the purposes of paragraph 15(4)(a) of Schedule 2C to the 1976 Order as it continues to apply by virtue of sub-paragraph (1), a European professional card that was transmitted as mentioned in paragraph 15(1)(a) of that Schedule is to be treated as becoming invalid on the expiry of the period of 18 months beginning with the day on which it was transmitted.

(3) The reference in sub-paragraph (1) to “the provisions relating to the provision of occasional pharmacy services by holders of a European professional card” is to the provisions listed in the following table.

InstrumentProvisions relating to visiting practitioners holding a European professional card
The 1976 OrderIn Article 2(2), the definitions of “competent authorities”, “European professional card”, “General Systems Regulations”, “IMI”, “IMI file”, “registered”, “relevant European State” and “registered person”
Article 4A(7)(c), (10)(b) and (14)
Article 5(1A)
Article 6(1)
Article 8B
Article 8D
Article 9(2)
In Schedule 2C, paragraphs 2 (except the definitions of “EPC holder” and “missing document”), 15 and 16
The Council of the Pharmaceutical Society of Northern Ireland (Continuing Professional Development) Regulations (Northern Ireland) 2012Regulation 2(7)(b)(ii)
Regulation 3(3)
Regulation 4(1)(f)(ii)

Textual Amendments

Commencement Information

I5Sch. para. 32 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)

33.—(1) A decision within Article 11ZZA(b) of the 1976 Order taken before exit day, or a failure within Article 11ZZA(c) of that Order arising before [F12IP completion day], continues to be appealable for the purposes of Article 11ZZB of that Order (subject to the provisions of the Order) despite the revocation of Article 11ZZA(b) and 11ZZA(c).N.I.

(2) In disposing of such an appeal, the powers of the Council are, instead of those set out in Article 11ZZB(4), to—

(a)dismiss the appeal;

(b)allow the appeal and direct the Society to take such steps as the Council thinks fit to draw the findings of the Council to the European Commission; or

(c)direct that the person in respect of whom the decision was taken (or the failure arose) is to be treated, for the purposes of paragraph 31(1)(a), as a person who held a valid European professional card for establishment as a pharmaceutical chemist in Northern Ireland immediately before [F13IP completion day].

Textual Amendments

Commencement Information

I6Sch. para. 33 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)

IMI AlertsN.I.

34.—(1) Where an alert has been sent by the Society before [F14IP completion day] under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015(a) (as they had effect before [F14IP completion day]), the decision to send the alert continues to be appealable for the purposes of Article 11ZZA of the 1976 Order (subject to the provisions of that Order) despite the revocation of Article 11ZZB.

(2) In disposing of such an appeal, the powers of the Council are, instead of those set out in Article 11ZZB(4), to—

(a)dismiss the appeal, or

(b)allow the appeal and direct the Society to take such steps as the Council thinks fit to draw the findings of the Council to the attention of the European Commission.

Textual Amendments

Commencement Information

I7Sch. para. 34 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)

Interpretation of Saved ProvisionsN.I.

35.  Where a provision continues to apply by virtue of this Part, it is to be read as if—

(a)in Article 2(2) of the 1976 Order—

(i)there were substituted for the definition of “the Directive”—

““the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ L255, 30.09.2005, p 22), and any reference in this Order to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before [F15IP completion day];”;

(ii)there were inserted at the appropriate place—

““enforceable EU right” means a right recognised and available in domestic law, immediately before [F15IP completion day], by virtue of section 2(1) of the European Communities Act 1972;”;

(iii)in the definition of “exempt person”, for paragraphs (a) to (c) there were substituted—

“(a)a person who, immediately before [F15IP completion day], was a national of a relevant European State,

(b)a person who, immediately before [F15IP completion day], was a national of the United Kingdom and, at that time, was seeking access to, or pursing, the profession of pharmacy by virtue of an enforceable EU right, or

(c)a person who, immediately before [F15IP completion day], was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the profession of pharmacy, no less favourably than a national of relevant European State;”;

(iv)in the definition of “General Systems Regulations”, after “S.I. 2015/2059” there were inserted—

“(a)in relation to anything done before [F15IP completion day], as they had effect at that time;

(b)otherwise, as (and only to the extent that) they have effect on and after [F15IP completion day], in relation to an entitlement which arose before [F15IP completion day] or arises after as a result of something done before [F15IP completion day];”;

(b)in any reference to “a relevant European State other than the United Kingdom”, the words “other than the United Kingdom” were omitted.

Textual Amendments

Commencement Information

I8Sch. para. 35 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)