Pharmaceutical Qualifications (EEC Recognition) Order 1987

JurisdictionUK Non-devolved
CitationSI 1987/2202

1987 No. 2202

MEDICINES

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

NATIONAL HEALTH SERVICE, SCOTLAND

PHARMACISTS

The Pharmaceutical Qualifications (EEC Recognition) Order 1987

Made 18th December 1987

Coming into force 28th December 1987

At the Court at Buckingham Palace, the 18th day of December 1987

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been laid before Parliament and has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 2(2) of the European Communities Act 19721, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Pharmaceutical Qualifications (EEC Recognition) Order 1987 and shall come into force on 28th December 1987.

S-2 Amendment of the Pharmacy Act 1954

Amendment of the Pharmacy Act 1954

2.—(1) The Pharmacy Act 19542shall be amended as follows.

(2) In section 2(2) (entitlement to registration of persons qualified for registration in accordance with section 3 or byelaws made under section 4), for the words “the next following section” there shall be substituted the words “section 3 or 4A of this Act”.

(3) In section 4 (qualification by degree, diploma etc. for registration), after subsection (2) there shall be inserted the following subsection—

S-3

“3 The references in subsection (1) above to a diploma granted in respect of pharmacy in any place outside the United Kingdom shall not include references to a diploma by which a person is qualified by virtue of section 4A(2)(a) of this Act to have his name registered.”

(4) After the said section 4 there shall be inserted the following section—

S-4A

Qualification by appropriate European diploma for registration

4A.—(1) Any national of a member State who holds an appropriate European diploma and satisfies such conditions (if any) as to character and as to physical and mental health as may be prescribed shall be qualified to have his name registered; and where a name is registered by virtue of this section an indication that the name has been registered in respect of an appropriate European diploma shall be entered in the register against that name.

(2) Subject to subsections (3) to (5) of this section, the following diplomas are appropriate European diplomas for the purposes of this section, namely—

(a)

(a) any diploma specified in Schedule 1A to this Act; and

(b)

(b) any diploma in pharmacy which is not so specified but has been granted in a member State either before the implementation date or to a person who commenced the training of which the diploma is evidence before that date.

(3) A diploma granted in a member State before the implementation date or granted to a person who began the training of which the diploma is evidence before that date is not an appropriate European diploma for the purposes of this section unless—

(a)

(a) in the case of a diploma specified in Schedule 1A to this Act, either—

(i) the diploma guarantees that the holder of the diploma has undergone training that would have satisfied the requirements laid down by the Pharmacists Training Directive; or

(ii) the competent authorities of any member State have certified that the holder of the diploma has lawfully practised pharmacy for at least three consecutive years during the five years preceding the date of the certificate;

or

(b)

(b) in the case of any diploma which is not so specified, the competent authorities of any member State have certified as mentioned in paragraph (a)(ii) of this subsection.

(4) Where under subsection (2) of section 2 of this Act it falls to the registrar or the Council to determine whether or not any of the conditions specified in subsection (3) of this section is satisfied in relation to any diploma—

(a)

(a) the satisfaction of the condition specified in paragraph (a)(i) of the said subsection (3) may be established by the production of a certificate of the competent authorities of the member State in relation to which the diploma is specified in Schedule 1A to this Act, or otherwise; and

(b)

(b) the satisfaction of the condition specified in paragraph (a)(ii) or (b) of the said subsection (3) shall be established by the production of the relevant certificate, and not otherwise.

(5) Where at any time during the period of the Greek derogation the name of any person is registered in respect of the qualification specified in paragraph 5 of Schedule 1A to this Act or in respect of any other diploma awarded in the Hellenic Republic—

(a)

(a) an indication that the registration is subject to the provisions of this subsection shall be entered in the register against that name; and

(b)

(b) the registration shall not authorise the person whose name is registered to do anything for which registration is required by any provision made by or under the Medicines Act 19683, the Misuse of Drugs Act 19714or the Poisons Act 19725, except as an employed person.

(6) In this section and Schedule 1A to this Act—

“competent authorities”, in relation to a member State, means any authority or body designated by that member State in accordance with Community Council Directive No. 85/433/EEC6, as amended by Community Council Directive 85/584/EEC7, concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy;

“employed person” means an employed person in accordance with Council Regulation (EEC) No. 1612/688on freedom of movement for workers within the Community;

“the implementation date”, in relation to a member State, means the date on which that State implemented the Pharmacists Training Directive;

“national”, in relation to a member State, means the same as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession9is not to benefit from Community provisions relating to the free movement of persons and services;

“the period of the Greek derogation” means the period during which the Hellenic Republic makes use of the derogation provided by paragraph 1 of Article 3 of Community Council Directive No. 85/433/EEC; and

“the Pharmacists Training Directive” means Community Council Directive No. 85/432/EEC10concerning the co-ordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy.

(7) For the purposes of this section a member State is to be regarded as having implemented the Pharmacists Training Directive on the date notified to the Commission of the European Communities as that on which it did so.”

(5) In section 5 (certificates of registration), after subsection (2) there shall be inserted the following subsection—

S-3

“3 Any certificate of registration issued to any person under this section shall reproduce any...

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