Pharmacy Act 2007

36.

Complaints about registered retail pharmacy businesses.

36.— (1) This section applies in relation to a complaint made to the Council about a registered retail pharmacy business on the grounds that—

(a) the pharmacy owner or an employee or partner of the pharmacy owner has been convicted of an offence under this Act, any Act repealed by this Act, or regulations made under this Act or that Act, the Misuse of Drugs Acts 1977 to 2006, the Irish Medicines Board Acts 1995 and 2006, the Poisons Acts 1961 and 1977 or the Animal Remedies Acts 1993 F37[and 2006,]

(b) the pharmacy owner or an employee or a partner of the pharmacy owner has been convicted of any other offence F38[(whether in the State or another jurisdiction) or has committed misconduct (whether in the State or another jurisdiction)] and the nature of that offence or misconduct is such that, were the person applying to the Council for registration as a pharmacist, the Council would be likely to refuse to register the person,

F39[(ba) the pharmacy owner—

(i) has failed to comply, in his or her capacity as a pharmacy owner, with a provision of an Act or statutory instrument referred to in section 7(1)(e)(ii), or]

(ii) ...

(c) in a case where the business has been carried on as mentioned in sections 26 and 29 by a representative, the representative or any person engaged by the representative in connection with the carrying on of the pharmacy (whether or not for the purposes of section 29) has—

(i) been convicted of an offence mentioned in paragraph (a), or

(ii) been convicted of an offence or committed misconduct the nature of which is as mentioned in F37[paragraph (b),]

F40[F41[]

(d) the pharmacy owner has failed to comply with any of the duties referred to in section 18(1A) imposed on the pharmacy owner by regulations made F38[under section 18, or]

F39[(e) the pharmacy owner or an employee or partner of the pharmacy owner has contravened a provision of this Act not otherwise referred to in this subsection.]]

(2) Subsections (2) to (6) of section 35 shall apply to a complaint about a registered retail pharmacy business as they apply to a complaint about a registered pharmacist but with the substitution for references to the registered pharmacist of references to the pharmacy owner or, as the case may be, the representative of that owner.

(3) In subsection (1), the references to a pharmacy owner include references to a director of a corporate body which owns the retail pharmacy business.

Annotations

Amendments:

F37

Substituted (24.06.2013) by Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013), s. 32(d)(i) and (ii), S.I. No. 202 of 2013.

F38

Substituted (13.02.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 62(a)(i), (iv), S.I. No. 54 of 2021.

F39

Inserted (13.02.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 62(a)(ii), (v), S.I. No. 54 of 2021.

F40

Inserted (24.06.2013) by Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013), s. 32(d)(iii), S.I. No. 202 of 2013.

F41

Deleted (13.02.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 62(a)(iii), S.I. No. 54 of 2021.

F42

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 62(a)(ii), (b), not commenced as of date of revision.

Modifications (not altering text):

C9

Prospective affecting provisions: subss. (1)(ba)(ii), (4) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 62(a)(ii), (b), not commenced as of date of revision.

F42[(ii) has contravened section 21C(7)(a),]

...

F42[(4) Section 35(3B) shall, with all necessary modifications, apply to a pharmacy owner as that section applies to a registered pharmacist within the meaning of that section.]