76. The Act of 2007 is amended by the insertion of the following sections after section 77:

“Admissibility of certain documents relating to proceedings in State or other jurisdictions

78. (1) In any proceedings under this Act concerning a relevant person, a document that purports to be a relevant document shall be admissible as evidence of any fact stated therein of which evidence would be admissible in those proceedings.

(2) In any proceedings under this Act concerning a relevant person, a document purporting to be a certification by a court, tribunal or other authority of a document purporting to be a relevant document (and whether or not the certification is incorporated into the document) and to be signed by or on behalf of that court, tribunal or other authority shall be deemed, for the purpose of this section, to be such a certificate and to be so signed, unless the contrary is proved.

(3) Where a document is admissible in evidence under this section, any document which purports to be a translation of that document shall be admissible as evidence of the translation if it is certified as correct by a person competent to do so and a document purporting to be a certificate under this subsection shall be deemed to be such a certificate, and to be signed by the person purporting to have signed it, unless the contrary is proved.

(4) In this section—

‘final determination’, in relation to any relevant proceedings and a relevant person, 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 relevant person, 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 document’, in relation to a relevant person, means any of the following:

(a) a copy of a transcript of all or any part of relevant proceedings that has been certified, by or on behalf of the court, tribunal or other authority before which the proceedings were held, to be a true and accurate copy of that transcript;

(b) a copy of all or any part of a report arising out of such proceedings certified, by or on behalf of the court, tribunal or other authority which made the report, to be a true and accurate copy of that report;

(c) if, after the final determination of such proceedings, sanctions are, or continue to be, imposed on the relevant person in consequence of such proceedings, a statement in writing giving particulars of such sanctions so imposed certified, by or on behalf of the court, tribunal or other authority which imposed the sanctions, to be true and accurate particulars of the sanctions that are, or continue to be, imposed on the relevant person after the final determination of the proceedings;

(d) if, after the final determination of such proceedings, no sanctions are, or continue to be, imposed on the relevant person in consequence of such proceedings, a statement in writing to that effect certified by or on behalf of the court, tribunal or other authority before which the proceedings were held;

‘relevant person’ means—

(a) a registered pharmacist,

(b) a person who has made an application under section 14 for registration as a pharmacist which has not yet been determined by the Council,

(c) the pharmacy owner of a registered retail pharmacy business or an employee or partner of the pharmacy owner,

(d) the pharmacy owner of a retail pharmacy business who has made an application under section 17 for the registration of the business which has not yet been determined by the Council, or

(e) where a corporate body owns all or part of a registered retail pharmacy business, any person being a director (including a shadow director as construed in accordance with section 221 of the Companies Act 2014), manager, secretary or any other officer of the corporate body or a person who was purporting to act in any such capacity;

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

(a) in the State or another jurisdiction which may directly or indirectly result in the relevant person—

(i) being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or

(ii) having a restriction placed on his or her ability to provide one or more than one kind of health or social care in the State or that jurisdiction,

(b) in another jurisdiction which may result in the relevant person 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 relevant person being convicted, in the State, for an offence triable on indictment;

‘sanction’ includes any restriction or measure.

Power to specify form of documents

79. (1) The relevant body may specify the form of documents required for the purposes of this Act as the relevant body thinks fit.

(2) The relevant body’s power under subsection (1) may be exercised in such a way as to—

(a) include in the specified form of any document referred to in that subsection a statutory declaration—

(i) to be made by the person completing the form, and

(ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief,

and

(b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the relevant body thinks fit.

(3) The relevant body’s power under subsection (1) may be exercised in such a way as to include in the specified form of any document a statement requiring the person completing the form to verify any particulars contained in the form, or contained in any document accompanying the form, in such manner as is specified in the form.

(4) A form specified under this section shall be—

(a) completed in accordance with such directions and instructions as are specified in the form,

(b) accompanied by such documents as are specified in the form, and

(c) if the completed form is required to be provided to—

(i) the relevant body,

(ii) another person on behalf of the relevant body, or

(iii) any other person,

so provided in the manner, if any, specified in the form.

(5) Without prejudice to the generality of subsection (1), the Council may—

(a) specify a form to be completed by a registered pharmacist in connection with the payment by the pharmacist of any fee for continued registration referred to in section 14(5), and

(b) in that form, require the pharmacist to supply the Council with such information that the pharmacist would have to supply the Council if the pharmacist were not registered but were seeking registration.

(6) Without prejudice to the generality of subsection (1), the Council may—

(a) specify a form to be completed by a pharmacy owner in connection with the payment by the pharmacy owner of any fee for continued registration referred to in section 17(3) of the retail pharmacy business concerned, and

(b) in the form, require the pharmacy owner to supply the Council with such information that the pharmacy owner would have to supply the Council if that retail pharmacy business were not registered but the pharmacy owner was seeking registration of the business.

(7) In this section, ‘relevant body’ means the following:

(a) subject to paragraphs (b) and (c), the Council;

(b) in relation to a function under this Act performed by a preliminary proceedings committee, that committee;

(c) in relation to a function under this Act performed by a committee of inquiry, that committee.”.