Emergency Measures in the Public Interest (Covid-19) Act 2020

12.

Special measures registration having regard to Covid-19

12. The Pharmacy Act 2007 is amended by the insertion of the following section after section 76:

“77. (1) A previous registrant may make an application to the Council to be registered in the register pursuant to this section.

(2) Subject to subsections (3) to (7), the provisions of this Act shall, with all necessary modifications, apply to—

(a) a section 77 registration as they apply to a registration in the register effected by another section of this Act, and

(b) a section 77 registrant as they apply to a person registered in the register who is not a section 77 registrant.

(3) No fee shall be charged for, or relating to—

(a) a section 77 application, or

(b) a section 77 registration or the retention of such registration.

(4) Where a previous registrant’s name is entered in the register pursuant to a section 77 registration, the Council shall enter in the register, or cause to be entered in the register, the term ‘(section 77 registration)’ immediately after that name to indicate that his or her registration in the register arises from the operation of this section.

(5) (a) Nothing in this section shall be construed to prevent a previous registrant’s name from being entered in the register pursuant to the operation of another section of this Act, whether or not his or her name is already entered in the register pursuant to a section 77 registration.

(b) Where a previous registrant’s name is entered in the register pursuant to the operation of this Act (other than this section) when his or her name is already entered in the register pursuant to a section 77 registration, the Council shall cancel from the register, or cause to be cancelled from the register, the latter entry at the same time as the first-mentioned entry is made.

(c) The refusal of a section 77 registration for a previous registrant shall not prevent that registrant from making an application under another section of this Act to be registered in the register.

(6) (a) Subject to subsection (7), each section 77 registration that is still in force on the 31st day of July 2020, shall, on and after that date, cease to have effect.

(b) The Council shall cancel from the register, or cause to be cancelled from the register, on the date referred to in paragraph (a), or as soon as is practicable thereafter, each name that was entered in the register pursuant to a section 77 registration.

(7) (a) The Minister may, by order, specify a different date for the purposes of subsection (6) (including a different date for a previous different date specified in an order made under this paragraph) and, if the Minister so specifies, that subsection shall be construed, with all necessary modifications, to take account of that first-mentioned date.

(b) Section 76(1) and (2) shall, with all necessary modifications, apply to an order made under paragraph (a) as that section applies to regulations referred to in that section.

(8) In this section—

‘previous registrant’ means a former registered pharmacist or registered pharmaceutical assistant, as appropriate, who was previously registered in the register and who was cancelled from the register pursuant to section 59 or 60;

‘section 77 application’ means an application under subsection (1);

‘section 77 registrant’ means a person registered in the register pursuant to—

(a) the Council’s determination of a section 77 application, or

(b) a decision (howsoever called) of the High Court arising from the Council’s determination of a section 77 application;

‘section 77 registration’ means a registration effected in the register pursuant to—

(a) the Council’s determination of a section 77 application, or

(b) a decision (howsoever called) of the High Court arising from the Council’s determination of a section 77 application.”.