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Section 74E Supplementary provision in respect of conditional registration: Great BritainF1

(1)

Where the entry of premises entered in Part 3 of the register is subject to conditions imposed under section 74D(1), the person carrying on the business at F2or from the premises may apply to the registrar for any of the conditions imposed to be varied or revoked.

(2)

The General Pharmaceutical Council may make rules in connection with applications under subsection (1).

(3)

Rules under subsection (2) may, in particular, include provision—

(a)

about the form and manner in which applications are to be made (and the rules may provide that applicants must apply using application forms that are in such form as the General Pharmaceutical Council may determine from time to time);

(b)

about the information to be provided in respect of applications;

(c)

about the circumstances in which applications may be refused by the registrar;

(d)

about the giving of notice of the decision in respect of the application to the applicant by the registrar.

(4)

The registrar may vary a condition imposed under section 74D(7) by extending the period within which the applicant for registration must become a person lawfully conducting a retail pharmacy business.

(5)

Where premises are entered in the register subject to a condition imposed under subsection (7) of section 74D, the registrar may remove the entry if the applicant is not a person lawfully conducting a retail pharmacy business at F3or from the premises within the period determined by the registrar in accordance with that subsection or within such longer period as the registrar may, by virtue of subsection (4), allow.

(6)

Where the registrar—

(a)

varies a condition under subsection (5); or

(b)

removes an entry of premises in Part 3 of the register under subsection (4),

the registrar must send to the person who applied for registration a statement in writing giving that person notice of the decision and the reasons for it.

(7)

The notice under subsection (6) must be sent—

(a)

where the person who applied for registration is an individual, to that individual at that individual’s home address in the register;

(b)

where that person is a partnership, to that partnership at its principal office;

(c)

where that person is a body corporate, to that body corporate at its registered or principal office.

Annotations

Textual amendments

F1

Ss. 74A-74L inserted (10.2.2010 for specified purposes, 27.9.2010 in so far as not already in force) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(3), Sch. 4 para. 1(8) (with Sch. 5 para. 10); S.I. 2010/1621, art. 2(1), Sch.

F2

Words in s. 74E(1) inserted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), art. 1(3), Sch. 2 para. 11(a); S.I. 2022/1023, art. 2

F3

Words in s. 74E(5) inserted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), art. 1(3), Sch. 2 para. 11(b); S.I. 2022/1023, art. 2

Notes on Part IV

Modifications

C1

Pt. IV: Power to amend conferred (N.I.) (2.4.2001) by 2001 c. 3 (N.I.), s. 60, Sch. 4 para. 2(2); S.R. 2001/128, art. 2(4), Sch.

C2

Pt. IV amendment to earlier affecting provision SI 1994/3144 reg. 9 (30.10.2005) by Medicines (Marketing Authorisations Etc.) Amendment Regulations 2005 (S.I. 2005/2759), regs. 1(a), 2(12)

C3

Pt. IV modified (E.W.S.) (coming into force in accordance with art. 1(2)(3)) by Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), art. 1(2)(3), Sch. 2 para. 13(7)

C4

Pt. IV (except ss. 80-83): Power to amend conferred (15.3.2000) by 1999 c. 8, ss. 60(1)(2)(4), 67(1), Sch. 3 para. 2(3)(b); S.I. 2000/779, art. 2