Regulation 19 Amendment of the Pharmaceutical Regulations
Schedule 4 to the Pharmaceutical Regulations is amended in accordance with paragraphs (2) to (5).
In Part 1 (procedure on applications)—
in paragraph 1(notification of applications)—
in sub-paragraph (1)—
for “to which regulation 6(9) applies” substitute “to which applications under regulation 6(3), (4), or (9) apply;
in head (c) omit “in the Board’s area” and for “the Board” substitute “the Department;
omit head (d);
omit sub-paragraph (2); and
in sub-paragraph (3) omit “or (2)”;
in paragraph 2 (determination of applications)—
for “the Board” or “The Board” in each place where it occurs, substitute “the Department” or where appropriate, “The Department”;
in sub-paragraph (1), for “an application to which regulation 6(9) applies” substitute “application to which regulation 6(3), (4), or (9) applies”;
in paragraph 3 (notification of decisions) substitute—
“Notification of decisions
3.In the case of an application to which regulation 6(3), (4), or (9) applies, the Department shall, within 14 days of having been notified in accordance with paragraph 11(5), give to the applicant and any person who has made representations to the Department in accordance with paragraph 1(1) or (2), notice of its decision on the application, together with the reasons therefor and any right of appeal under paragraph 4.”;
in paragraph 4 (appeals) substitute—
“Appeals
4.(1)Where the Department has determined an application to which regulation 6(3), (4), or (9) applies, the applicant or any person who was given notice of the application under paragraph l(1)(c) or l(2)(c) and who has made representations to the Department in accordance with paragraph 1(1) or 1(2) may appeal against the decision of the Department on the application, and notice of any such appeal shall be received by the Department within 21 days from the date on which notification of the Department’s decision was sent to him.
(2)Any notice of appeal under this paragraph shall contain a concise statement of the facts and contentions upon which the appellant intends to rely.
(3)The Department shall refer a notice of appeal under this paragraph to the chairman of the National Appeal Panel appointed in accordance with Part IV.
(4)If the chairman of the National Appeal Panel, after considering the notice of appeal, is of the opinion that the notice discloses no reasonable grounds of appeal or that the appeal is otherwise vexatious or frivolous, he may determine the appeal by dismissing it forthwith, in which case he shall notify the Department accordingly.
(5)In any other case the National Appeal Panel shall be convened in accordance with Part IV and shall thereafter determine the appeal.”.
In Part 2 (pharmacy practices committee)—
for “The Board” or “the Board” in each place where it occurs, substitute “The Department” or where appropriate, “the Department”;
in paragraph 7 for “a member” substitute “an officer”; and
in paragraph 8 omit “, and shall provide the Department with a copy of such lists”.
In Part 3 (procedure at meetings of the pharmacy practices committee) for “the Board” in each place where it occurs, substitute “the Department”.
In Part 4 (National Appeal Panel)—
for paragraph 14 (nominees for the national appeal panel) substitute—
“Appointments and Nominees to the National Appeal Panel
14.(1)The Department shall appoint lay persons for the National Appeal Panel in accordance with the provisions set out in regulation 5 of the Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022f1.
(2)The Department shall request the Pharmaceutical Society of Northern Ireland and such organisation which is, in the opinion of the Department, representative of the general body of chemists, to submit to the Department their nominees for the National Appeal Panel.”.
in paragraph 15 (chairman and vice-chairman of national appeal panel) omit “all Boards,”.
for paragraph 16 (membership) substitute—
“Membership
16.(1)In any case in which paragraph 4(6) applies, the Department shall arrange to convene in accordance with this paragraph the National Appeal Panel, the members of which shall be drawn from—
(a)the lists maintained in accordance with paragraph 8; and
(b)the persons appointed and nominated in accordance with paragraph 14.
(2)A member of the National Appeal Panel shall not be an official of the Department or the Regional Business Services Organisation or a member of the Pharmacy Practices Committee which considered the application.
(3)The National Appeal Panel shall consist of 9 members of whom—
(a)one shall be chairman appointed in accordance with paragraph 15;
(b)one shall be vice-chairman and likewise be appointed as such in accordance with paragraph 15;
(c)4 shall be pharmacists one of whom has been nominated by the Pharmaceutical Society of Northern Ireland and the other 3 by such organisation which is, in the opinion of the Department, representative of the general body of chemists; and of those 4 members only 2 shall be persons whose names are, or who are employees of persons whose names are, included in the pharmaceutical list; and
(d)3 shall have been appointed by the Department in accordance with paragraph 14, but none shall be a pharmacist or a person, or employee of a person, whose name is included in the pharmaceutical list, or be a doctor who is required to supply drugs and appliances under regulation 12; and not more than one of those 3 shall be a doctor, dentist or ophthalmic optician.”.
In paragraph 20 (decisions by the national appeal panel)—
for “the Board” or “The Board” in each place where it occurs, substitute “the Department” or where appropriate, “The Department”; and
in sub-paragraph (2) omit “to whom the application was made”.