S.I. No. 99/2017 - Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2017.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st March, 2017.

The Council of the Pharmaceutical Society of Ireland, in exercise of the powers conferred on the said Society by section 11 of the Pharmacy Act 2007 (No. 20 of 2007) (as adapted by the Health and Children (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 219 of 2011 )), with the consent of the Minister for Health, hereby makes the following rules: —

1. (1) These Rules may be cited as the Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2017.

(2) The Principal Rules, the Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2015 ( S.I. No. 238 of 2015 ), the Rules of 2016 and these Rules may be cited together as the Pharmaceutical Society of Ireland (Fees) Rules 2014 to 2017 and shall be construed together as one.

2. In these Rules—

“Principal Rules” means the Pharmaceutical Society of Ireland (Fees) Rules 2014 ( S.I. No. 378 of 2014 );

“Rules of 2016” means the Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2016 ( S.I. No. 311 of 2016 ).

3. Rule 3(1) of the Principal Rules is amended—

(a) by substituting for the definition of “Act” the following:

“‘Act’ means the Pharmacy Act 2007 (No. 20 of 2007), as amended by the European Communities (Recognition of Professional Qualifications relating to the Profession of Pharmacist) (No. 2) Regulations 2008 ( S.I. No. 489 of 2008 ), the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010), the Health (Pricing and Supply of Medical Goods) Act 2013 (No. 14 of 2013), the Health Identifiers Act 2014 (No. 15 of 2014), the European Union (Amendment of the Pharmacy Act 2007) Regulations 2015 ( S.I. No. 86 of 2015 ) and the Professional Qualifications Regulations;”,

(b) in the definition of “adaptation period”, by substituting “Regulation 3 of the Professional Qualifications Regulations” for “section 16(8) of the Act”,

(c) in the definition of “aptitude test”, by substituting “Regulation 3 of the Professional Qualifications Regulations” for “section 24A(11) of the Act”, and

(d) by inserting after the definition of “Professional Registration Examination” the following definition:

“‘Professional Qualifications Regulations’ means the European Union (Recognition of Professional Qualifications) Regulations 2017 ( S.I. No. 8 of 2017 );”.

4. The Schedule (as amended by Rule 3 of the Rules of 2016) to the Principal Rules is amended—

(a) in paragraph 39, by substituting “Part 5 of the Professional Qualifications Regulations” for “section 16(5) of the Act”,

(b) in paragraph 41—

(i) by substituting “Regulation 13 of the Professional Qualifications Regulations” for “section 24A(3) of the Act”, and

(ii) by substituting “Regulation 15 of those Regulations” for “section 24A(5)(b) of the Act”, and

(c) by inserting after paragraph 43 the following paragraphs:

“Fees in respect of the European Professional Card (“EPC”)

44. Fee payable in respect of an application for an EPC under Part 16 of the Professional Qualifications Regulations for the purpose of establishment as a pharmacist in a relevant state other than the State.

€85.00

45. Fee payable in respect of an application for an EPC under Part 16 of the Professional Qualifications Regulations where the Registrar receives the application from a competent authority of a relevant state other than the State and it is for the purpose of establishment as a pharmacist in the State, and such fee may be credited against the fee provided for in paragraph 1.

€160.00

46. Fee payable in respect of an application for an EPC under Part 16 of the Professional Qualifications Regulations where the Registrar receives the application from a competent authority of a relevant state other than the State in respect of establishment as a pharmacist in the State and an evaluation of qualifications (including knowledge and experience) is required, which fee shall be payable in addition to the fee provided for in paragraph 45.

€250.00

47. Fee payable in respect of an application for an EPC under Part 16 of the Professional Qualifications Regulations, being an additional fee payable in respect of the application where the Registrar receives the application from a competent authority of a relevant state other than the State in respect of establishment as a pharmacist in the State and following evaluation of the qualifications (including knowledge and experience) an adaptation period is required under Regulation 22 of those Regulations, which fee shall be payable in addition to the fees provided for in paragraphs 45 and 46.

€750.00

48. Fee payable in respect of an application for an EPC under Part 16 of the Professional Qualifications Regulations where the application is for the purpose of providing temporary and occasional pharmacy services in a relevant state other than the State.

€85.00

49. Fee payable in respect of an application for an EPC under Part 16 of the Professional Qualifications Regulations where the Registrar receives the application from a competent authority of a relevant state other than the State and it is for the purpose of providing temporary and occasional pharmacy services in the State where professional qualifications are checked pursuant to Regulation 15 of the Professional Qualifications Regulations.”

€250.00

I, SIMON HARRIS, Minister for Health, consent to the making of the foregoing Rules.

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GIVEN under my Official Seal,

16 March 2017.

SIMON HARRIS,

Minister for Health.

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GIVEN under the Official Seal of the Pharmaceutical Society of Ireland,

16 March 2017.

ANN FRANKISH,

President.

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NIALL BYRNE,

Registrar.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Rules amend the Pharmaceutical Society of Ireland (Fees) Rules 2014 ( S.I. No. 378 of 2014 ) to (a) provide for fees for the recognition of professional qualifications and (b) changes the fees for recognition in the context of the EPC system.

These Rules may be cited as the Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2017.