S.I. No. 213/2020 - Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th June, 2020.

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 2020.

(2) The Principal Rules, the Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2015 ( S.I. No. 238 of 2015 ), the Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2016 ( S.I. No. 311 of 2016 ), the Rules of 2017 and these Rules may be cited together as the Pharmaceutical Society of Ireland (Fees) Rules 2014 to 2020.

2. In these Rules—

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

“Rules of 2017” means the Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2017 ( S.I. No. 99 of 2017 ).

3. Rule 3(1) (as amended by Rule 3(a) of the Rules of 2017) 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 ), the Professional Qualifications Regulations, the Data Protection Act 2018 (No. 7 of 2018) and the Emergency Measures in the Public Interest (Covid-19) Act 2020 (No. 2 of 2020);”, and

(b) by substituting for the definition of “Retail Pharmacy Businesses Rules” the following:

“‘Retail Pharmacy Businesses Rules’ means the Pharmaceutical Society of Ireland (Retail Pharmacy Business) (Registration) Rules 2008 ( S.I. No. 495 of 2008 );”.

4. The Principal Rules are amended by inserting after Rule 5 the following Rule:

“Deferment of payment in respect of continued registration of retail pharmacy businesses due to Covid-19

5A. (1) Subject to paragraph (2), and notwithstanding Rule 5 of these Rules and Rule 4(3)(b) of the Retail Pharmacy Businesses Rules, in the exceptional circumstances arising from the Covid-19 emergency, from the coming into operation of this provision until 31 July 2020, the Council may, on request, grant a pharmacy owner an extension for the payment of a fee in connection with an application made within that period for the continued registration of a retail pharmacy business.

(2) An extension under paragraph (1) shall permit the pharmacy owner to pay the prescribed fee no later than 30 September 2020.

(3) In paragraph (1), ‘Covid-19 emergency’ means the situation resulting from the spread in the State of the disease caused by infection with the virus SARS-CoV-2, being a disease specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 ), or any variant of the disease so specified as an infectious disease in those Regulations.”.

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

GIVEN under my Official Seal,

12 June, 2020.

SIMON HARRIS,

Minister for Health.

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

12 June 2020.

JOANNE KISSANE,

President.

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 to allow for the payment of fees in relation to the continued registration of certain retail pharmacy businesses to be deferred for a specified period of time, due to the Covid-19 pandemic.

These Rules may be cited as the Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2020.