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20 2007

Pharmacy Act 2007

SCHEDULE 2

Recognition of Professional Qualifications in Pharmacy

Section 16 .

1. Subject to paragraph 3, the Council shall determine an application for registration made by a person proffering a qualification in pharmacy such as is mentioned in section 16 (3), (4) or (5) as soon as possible after receiving all documents prescribed for the purposes of determining the application or required by the Council for those purposes under section 14 and, in any event, within 3 months after such receipt.

2. The Council may require of the competent authorities of the home relevant state—

(a) confirmation of the authenticity of diplomas, certificates and other evidence of formal qualifications in pharmacy issued in that state and referred to in Articles 21, 23 and 50 of the Professional Qualifications Directive,

(b) confirmation that a person proffering a qualification such as is mentioned in paragraph 1 has fulfilled the minimum training requirements specified in Article 23 or, as the case may be, 44 of the Professional Qualifications Directive.

3. The Council is hereby designated, for the purposes of Article 50.1 of the Professional Qualification Directive, as the competent authority in the State to demand and receive and to issue diplomas, certificates and other documents concerning education for, qualifications in and the practice of pharmacy.

4. The Council shall ensure the confidentiality of information received under Article 50.1 of the Professional Qualifications Directive.

5. Where the Council gives information to a relevant state under Article 50 of the Professional Qualifications Directive, the following provisions shall apply—

(a) the 3 month period referred to in paragraph 1 is extended by the period equal to that beginning on the day on which the information is given to the relevant state and ending on the day on which that relevant state gives its reply, or 3 months, whichever is the shorter,

(b) where that relevant state does not give its reply within the period of 2 months specified in paragraph (1)(d) of Annex VII to that Directive and the documents referred to in that paragraph are not replaced by a declaration on oath or by a solemn declaration as provided by that paragraph, then, if the Council, having regard to and only to that information, is of the opinion that the person making the application to which the information relates does not comply with section 14 (1)(d) or (f), it shall refuse to register that person.

6. In registering a person under section 14 as read with section 16 (2)(b)

(a) the Council may impose a condition requiring the person, when professing or otherwise using any academic title, status or other qualification specified in the condition, being a title, status or qualification that is relevant to the person’s registration, to indicate by whom it was conferred or awarded,

(b) the Council, if of the opinion that any such title, status or qualification that is so relevant is capable of being understood as indicating that the person has pursued a programme of education other than that which he or she pursued, may impose a condition requiring the person, when professing or otherwise using the title, status or qualification, to do so in a manner specified in the condition or otherwise directed by the Council.

7. If a person does not comply with a condition imposed under paragraph 6, the Council may, without more—

(a) suspend the registration of the person for a specified period, or

(b) cancel the person’s registration,

as if under section 45 .

8. Sections 49 to 52 shall apply in respect of a condition or sanction imposed under this Schedule as they apply in respect of one imposed under Part 6.

9. In considering an application for registration under section 14 as read with section 16 (2)(b), the Council shall take into account any relevant training undergone or experience gained in a third country.

10. In this Schedule—

(a) “ home relevant state ” in relation to a pharmacist, means the relevant state in which the pharmacist acquired his or her diploma, certificate or other qualifications in pharmacy or in which he or she is registered as a pharmacist,

(b) expressions also used in section 16 have the same meaning as in that section.