C6

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 58, not commenced as of date of revision.

F23[21C.— (1) Subject to subsections (2) to (4), a pharmacy owner shall, in each year, give to the Council a declaration in writing in the specified form providing particulars of any relevant proceedings that are pending or in progress.

(2) If, in any year, subsection (1) does not apply to a pharmacy owner because there are no particulars referred to in that subsection which he or she is required to give to the Council, the owner shall give to the Council a declaration in writing to that effect.

(3) If, in any year subsequent to a year in which a pharmacy owner gave particulars referred to in subsection (1) to the Council, there has been no material change in the matter to which the particulars relate, the owner may, instead of again giving those particulars to the Council, give to the Council a declaration in writing to the effect that there has been no material change to the matter to which the particulars relate.

(4) A pharmacy owner shall, in each year, comply with subsection (1), (2) or (3) —

(a) not earlier than 60 days before there is required to be paid, in that year, the prescribed fee referred to in section 17(1)(e) that applies in the case of the continued registration referred to in section 17(3), and

(b) not later than the last day of that 60 days.

(5) A pharmacy owner shall, not later than 3 months after the final determination of any relevant proceedings, give to the Council—

(a) a declaration in writing providing particulars of the sanctions (if any) imposed on the owner in consequence of those proceedings, or

(b) if no such sanctions were so imposed, a declaration in writing to that effect.

(6) The Council may, by notice in writing given to a pharmacy owner who has made a declaration under this section, require the owner to provide to the Council, within a reasonable period specified in the notice, further information concerning any particulars provided to the Council in the declaration.

(7) (a) A pharmacy owner shall comply with a notice under subsection (6) given to the owner.

(b) Where the Council considers that a pharmacy owner has contravened paragraph (a), the Council shall forthwith make a complaint under section 36.

(8) In this section, references to a pharmacy owner include references to a director of a corporate body which owns the retail pharmacy business concerned.

(9) In this section—

"final determination", in relation to any relevant proceedings and a pharmacy owner, means—

(a) the conclusion of those proceedings without any party to the proceedings making an appeal, against a decision in those proceedings to impose or to not impose a sanction on the owner, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or

(b) if such an appeal is made—

(i) the abandonment or withdrawal of the appeal, or

(ii) the determination of the appeal,

whichever first occurs;

"relevant proceedings", in relation to a pharmacy owner, means any disciplinary or judicial proceedings (other than any such proceedings under this Act) in respect of which the owner is the subject—

(a) concerning a contravention or alleged contravention of a provision of an Act or statutory instrument referred to in section 7(1)(e)(ii),

(b) in another jurisdiction which may result in the owner being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or

(c) in the State which may result in the owner being convicted, in the State, for an offence triable on indictment;

"sanction" includes any restriction or measure.]