OpenLegislation

Paragraph 24 Renewal of an entry of premises entered in the RegisterI1

England, Wales and Scotland

(1)

Subject to the following paragraphs, applicants for the renewal of an entry of premises entered in Part 3 of the Register may apply to the Registrar using the relevant application form which must be in such form as the Council may from time to time determine.

(2)

An application under this rule must be made to the Registrar by the person carrying on a retail pharmacy business at the premises at least two months before the date on which the entry of the premises entered in Part 3 of the Register would cease to be valid if not renewed.

(3)

The Registrar must send to each person carrying on a retail pharmacy business at premises which are entered in Part 3 of the Register the relevant application form for the renewal of the entry relating to the premises at least three months before the date on which the entry of the premises entered in that part of the Register would cease to be valid if not renewed.

(4)

The application form must, in particular—

(a)

require the applicant to specify—

(i)

the applicant’s full name, address and contact details (including a telephone number and electronic mail address, where possible),

(ii)

the full postal address of the premises to which the application relates,

(iii)

the number of the entry of the premises entered in the Register to which the application relates,

(iv)

the name under which the retail pharmacy business carried on at the premises trades,

(v)

whether the applicant is a person lawfully conducting a retail pharmacy business at the premises within the meaning of Part 4 of the Act,

(vi)

the date of the commencement of the retail pharmacy business carried on at the premises,

(vii)

where the applicant is a partner in a partnership, the names of all the partners in the partnership,

(viii)

where the applicant is a body corporate—

(aa)

the names of all of the directors of the body corporate, and

(bb)

the name of the superintendent pharmacist, and

(ix)

where the retail pharmacy business is carried on at the premises by a representative, the name of the responsible pharmacist, and

(b)

include a demand that the applicant pay the prescribed fee in respect of the application;

(c)

require the applicant to provide—

(i)

a description of the premises to which the application relates,

(ii)

details of any conditions to which the entry of the premises entered in Part 3 of the Register is subject,

(iii)

details of any improvement notices to which the person carrying on a retail pharmacy business at the premises is subject,

(iv)

details of the type of activities undertaken at the premises, and

(v)

a declaration—

(aa)

confirming that the standards set in rules under article 7(1) of the Order in connection with the carrying on of a retail pharmacy business at a registered pharmacy are met in connection with the retail pharmacy business carried on at the premises, and

(bb)

providing details of any relevant offence or relevant investigation within the meaning of article 7(6)(a) and (b) of the Order;

(d)

inform the applicant that if the declaration included in the application is not completed to the satisfaction of the Registrar, the Registrar may refuse to renew the entry of the premises in Part 3 of the Register; and

(e)

require the applicant to sign and date the application.

(5)

The applicant must also provide such additional documents, information or evidence as the Registrar may reasonably require for the purposes of verifying the information in, or determining, the application.

(6)

For the purposes of paragraph (4)(a)(i), the address of the applicant is—

(a)

where the retail pharmacy business is carried on at the premises by an individual, that individual’s home address in the Register;

(b)

where the retail pharmacy business is carried on at the premises by a partnership, the address of the principal office of that partnership; or

(c)

where the retail pharmacy business is carried on at the premises by a body corporate, the address of the registered or principal office of that body corporate.

(7)

The Registrar must not renew an entry of premises entered in Part 3 of the Register—

(a)

if the application is not received by the Registrar within the time limit specified in paragraph (2);

(b)

if the application is not accompanied by the necessary supporting documents, information or evidence as mentioned in the application form or subsequently required by the Registrar; or

(c)

if the applicant has not paid, or has not made arrangements with the Registrar to pay by direct debit, the prescribed fee in respect of the application.

(8)

The Registrar may only renew the entry of premises entered in Part 3 of the Register for a period exceeding one year beginning with the date on which that entry would otherwise have ceased to be valid—

(a)

if the entry of the premises in Part 3 of the Register is not subject to any conditions imposed by virtue of section 74D of the Act;

(b)

if the person carrying on a retail pharmacy business at the premises is not subject to the terms of an improvement notice served under article 13 of the Order; and

(c)

if the period for which the entry is renewed does not exceed 36 months from the date on which the entry would otherwise have ceased to be valid if not renewed.

(9)

For the purposes of section 74A(7) of the Act, the prescribed circumstances are that—

(a)

the Registrar has received an application under this rule for the renewal of an entry of premises entered in Part 3 of the Register before the end of the period specified in paragraph (2); and

(b)

the Registrar has not determined the application before the date on which the entry in Part 3 of the Register to which the application relates would cease to be valid if not renewed.

Annotations

Commencement

I1

Sch. rule 24 in force at 4.1.2011, see art. 1(2)

Notes on Schedule

Footnotes

f1

1968 c.67.

f2

S.I.2010/231.