Pharmacy Act 2007

11.

Functions of the Council and their delegation.

11.— (1) Subject to this Act, the functions of the Society shall be performed on its behalf by the Council.

(2) The Council may make rules for the purposes of—

(a) regulating or prescribing anything that may, in accordance with any provision of this Act, be prescribed,

(b) making such provision as it thinks fit for facilitating the performance of its functions under this Act.

F7[(2A) The Council may make rules in relation to the specification of grounds for the purposes of section 16(2)(c) after having regard to—

(a) the standard of education and training required to obtain recognition as a pharmacist in the State referred to in that section for persons seeking to become pharmacists,

(b) the practical experience of such persons, and

(c) the continued professional development for such pharmacists.

(2B) Subject to subsection (2C), the Council may, for the purposes of section 14(1)(a) (including that section as read with section 14(5)) make rules for the purposes of setting criteria to be complied with by persons who wish to—

(a) resume practice as a registered pharmacist after not having so practised for a period specified in the rules, or

(b) commence practice as a registered pharmacist after not having so practised previously where a period specified in the rules has elapsed since such persons have obtained their respective qualifications in pharmacy pursuant to which they wish to so practise.

(2C) Criteria to be complied with by persons referred to in subsection (2B) may include criteria in relation to—

(a) the education or training of those persons,

(b) the manner of verifying that those persons possess the relevant competencies, or

(c) any other matter where, in the opinion of the Council, the specification in rules of criteria in relation to that matter is necessary or desirable for the protection of the public.]

(3) The Council shall make rules for the purposes of regulating or prescribing anything relating to education or training that, in accordance with this Act, is to be prescribed.

(4) The Council may not make rules under F8[subsection (2), (2A), (2B) or (3)] for any purpose for which the Minister may make regulations under section 18.

(5) Rules made under F8[subsection (2), (2A), (2B) or (3)] shall be subject to the consent of the Minister and, when the Council has made them, it shall—

(a) submit them to the Minister for laying before each House of the Oireachtas, and

(b) publish them in such a manner as it determines.

(6) The Council, shall in the prescribed manner, publish—

(a) a draft of the rules it proposes to make under this section, and

(b) together with the draft, an invitation to the public to comment on the draft by such date as is specified in the invitation.

(7) The Council shall have such further functions as are assigned to it by or under this Act.

(8) The Council may delegate any of its functions to any of its committees or to the registrar or to any other employee of the Society and, where it delegates a function to a committee, the committee’s remit under this Act shall be extended accordingly.

Annotations

Amendments:

F7

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

F8

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

Editorial Notes:

E11

Power pursuant to section exercised (18.02.2021) by Pharmaceutical Society of Ireland (Education and Training) (Integrated Course) (Amendment) Rules 2021 (S.I. No. 79 of 2021).

E12

Power pursuant to section exercised (1.01.2021) by Pharmaceutical Society of Ireland (Registration) (Amendment) (No. 2) Rules 2020 (S.I. No. 563 of 2020), in effect as per art. 2.

E13

Power pursuant to section exercised (15.08.2020) by Pharmaceutical Society of Ireland (Registration) (Amendment) Rules 2020 (S.I. No. 316 of 2020).

E14

Power pursuant to section exercised (12.06.2020) by Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2020 (S.I. No. 213 of 2020).

E15

Power pursuant to section exercised (24.04.2020) by Pharmaceutical Society of Ireland (Education and Training) (Integrated Course) (Amendment) Rules 2020 (S.I. No. 148 of 2020).

E16

Power pursuant to section exercised (31.05.2017) by Pharmaceutical Society of Ireland (Receiving and Recording of Evidence by Committee of Inquiry) Rules 2017 (S.I. No. 274 of 2017), in effect as per rule 2.

E17

Power pursuant to section exercised (16.03.2017) by Pharmaceutical Society of Ireland (Registration) (Amendment) Rules 2017 (S.I. No. 100 of 2017).

E18

Power pursuant to section exercised (16.03.2017) by Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2017 (S.I. No. 99 of 2017).

E19

Power pursuant to section exercised (16.03.2017) by Pharmaceutical Society of Ireland (Education and Training) (Integrated Course) (Amendment) Rules 2017 (S.I. No. 97 of 2017).

E20

Power pursuant to section exercised (24.06.2016) by Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2016 (S.I. No. 311 of 2016), in effect as per rule 2.

E21

Power pursuant to section exercised (1.01.2016 and 1.01.2017) by Pharmaceutical Society of Ireland (Continuing Professional Development) Rules 2015 (S.I. No. 553 of 2015), in effect as per rule 2(1) and (2).

E22

Power pursuant to section exercised (24.06.2015) by Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2015 (S.I. No. 238 of 2015), in effect as per rule 2.

E23

Power pursuant to section exercised (1.06.2015) by Pharmaceutical Society of Ireland (Education and Training) (Integrated Course) Rules 2014 (S.I. No. 377 of 2014), in effect as per rule 2.

E24

Power pursuant to section exercised (1.04.2015) by Pharmaceutical Society of Ireland (Council) (Amendment) Rules 2015 (S.I. No. 114 of 2015), in effect as per rule 2.

E25

Power pursuant to section exercised (1.09.2014) by Pharmaceutical Society of Ireland (Fees) Rules 2014 (S.I. No. 378 of 2014), in effect as per rule 2.

E26

Power pursuant to section exercised (29.11.2008) by Pharmaceutical Society of Ireland (Retail Pharmacy Businesses) (Registration) Rules 2008 (S.I. No. 495 of 2008), in effect as per rule 2.

E27

Power pursuant to section exercised (29.11.2008) by Pharmaceutical Society of Ireland (Registration) Rules 2008 (S.I. No. 494 of 2008), in effect as per rule 2.

E28

Power pursuant to section exercised (29.11.2008) by Pharmaceutical Society of Ireland (Council) Rules 2008 (S.I. No. 492 of 2008), in effect as per rule 2.

E29

Previous affecting provision: power pursuant to section exercised (2.06.2010) by Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2010 (S.I. No. 257 of 2010); revoked (1.09.2014) by Pharmaceutical Society of Ireland (Fees) Rules 2014 (S.I. No. 378 of 2014), rule 6, in effect as per rule 2.

E30

Previous affecting provision: power pursuant to section exercised (29.11.2008 and 1.06.2009) by Pharmaceutical Society of Ireland (Fees) Rules 2008 (S.I. No. 496 of 2008), in effect as per rule 2; revoked (1.09.2014) by Pharmaceutical Society of Ireland (Fees) Rules 2014 (S.I. No. 378 of 2014), rule 6, in effect as per rule 2.

E31

Previous affecting provision: power pursuant to section exercised (29.11.2008) by Pharmaceutical Society of Ireland (Education and Training) Rules 2008 (S.I. No. 493 of 2008), in effect as per rule 2; revoked (1.06.2015) by Pharmaceutical Society of Ireland (Education and Training) (Integrated Course) Rules 2014 (S.I. No. 377 of 2014), rule 23(1), in effect as per rule 2, subject to transitional provision in rule 23(2).