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Paragraph 29A Swiss pharmacists: saving of old lawF1I1

(1)

Where an application for registration in the register mentioned in Article 6(1)(a) of the 1976 Order is received from a Swiss pharmacist before the end of the period of four years beginning with the day immediately after IP completion day, any provision made by or under the 1976 Order (except for the provision contained in Schedule 2C to the Order) continues to apply in relation to the application without the amendments Parts 1 and 2 of this Schedule make to the provisions mentioned in sub-paragraph (3) (but subject to the modifications to the 1976 Order and the Registration Regulations specified in sub-paragraphs (4) and (5)).

(2)

For the purposes of this paragraph, “Swiss pharmacist” means a qualifying applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019) who had not, before IP completion day, made an application in the register mentioned in Article 6(1)(a) of the 1976 Order.

(3)

The provisions mentioned in sub-paragraph (1) are—

(a)

in the 1976 Order—

(i)

in Article 2(2), the definitions of “competent authorities”, “the Directive”, “General Systems Regulations”, and “relevant European State”,

(ii)

Article 8,

(iii)

Article 8A,

(iv)

Article 8AA,

(v)

Article 8C,

(vi)

Article 11,

(vii)

Article 11ZA,

(viii)

Article 14(2A),

(ix)

Schedule 2A;

(b)

Article 63AA(3)(c) of the Health and Personal Social Services (Northern Ireland) Order 1972;

(c)

the European Qualifications (Pharmacy) Regulations (Northern Ireland) 2008;

(d)

the Registration Regulations 2008.

(4)

The modifications to the 1976 Order mentioned in sub-paragraph (1) are—

(a)

Article 2(2) is to have effect as if at the end of the definition of “General Systems Regulations” there were inserted “as (and only to the extent that) they have effect, after IP completion day, in relation to an entitlement which arises in relation to a relevant qualification (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”;

(b)

Article 8(2)(c) is to have effect as if, in the words before paragraph (i), the reference to an exempt person were a reference to a Swiss pharmacist within the meaning given in this paragraph of this Schedule;

(c)

Article 8AA(7) is to have effect as if the reference to an exempt person were a reference to a Swiss pharmacist within the meaning given in this paragraph of this Schedule;

(5)

The modifications to the Registration Regulations mentioned in sub-paragraph (1) are that regulation 2 is to have effect as if—

(a)

in paragraph (1) for “an exempt person” there were substituted “a Swiss pharmacist (within the meaning given in paragraph 29A of the Schedule to the European Qualifications (Pharmacists) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2019)”;

(b)

for paragraph (2), there were substituted—

“(2)

Proof that E is a national of the United Kingdom or Switzerland or (where E is not a national of the United Kingdom or Switzerland) proof of the enforceable EU right by virtue of which E is a Swiss pharmacist.”;

(c)

any reference in paragraphs (3) to (6) to “E’s attesting State” were a reference to Switzerland.

(6)

In this paragraph, “the Registration Regulations” means the Registration of Pharmaceutical Chemists (Exempt Persons) Regulations (Northern Ireland) 2008.

Annotations

Textual amendments

F1

Sch. para. 29A inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 20(7)(b)

Commencement

I1

Sch. para. 29A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)