Pharmacy Act 2007

45.

Interim suspension of registration.

45.— (1) The High Court, on application by the Council, may by order suspend the registration of a registered pharmacist or registered retail pharmacy business against whom a complaint has been made.

(2) An order under subsection (1) suspending the registration of a retail pharmacy business may also provide for the closure of the premises in which the business has been carried on.

(3) The High Court shall not make an order under subsection (1) unless satisfied that the Council has notified the registered pharmacist or, as the case may be, the pharmacy owner of its intention to apply for an order.

(4) An order under subsection (1) may be made only if the High Court considers that there is a risk to the health and safety of the public which is of such magnitude that the pharmacist’s or pharmacy retail business’ registration should be suspended pending further procedure under this Part and, in the case of an order containing a closure provision under subsection (2), that the premises there referred to should be closed pending that procedure.

(5) An application under this section shall be heard in private, unless the High Court, on a request by the registered pharmacist or the pharmacy owner that it be heard in public, considers that it should be so heard.

F43[(6) (a) Paragraph (b) applies where—

(i) a registered pharmacist becomes the subject of an order under subsection (1), and

(ii) the Council has reason to believe that—

(I) the pharmacist is registered in another jurisdiction as a pharmacist or has made an application to be registered as a pharmacist in another jurisdiction which has not yet been determined, and

(II) that order may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.

(b) The Council shall give notice in writing to that body of that order and may, notwithstanding any provision of Directive 2005/36/EC or of the Professional Qualifications Regulations, provide that body with a copy of that order and copies of other documents relevant to that order.]

Annotations:

Amendments:

F43

Inserted (13.02.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 63, S.I. No. 54 of 2021.