Pharmacy Act 2007

76.— (1) A code of conduct having effect under sections 7(2)(a)(iii) and 12, rules made under section 11, 30 or 74 and regulations made under section 18(4) shall be laid before each House of the Oireachtas as soon as practicable after it has effect or, as the case may be, they are made.

• (2) If a resolution annulling those regulations is passed by either such House within the next 21 days on which that House has sat after the regulations were laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulations.

• (3) A draft of every proposed order under section 8 shall be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving of the draft has been passed by each such House.

77. F70[Special measures registration having regard to Covid-19

77.— (1) A previous registrant may make an application to the Council to be registered in the register pursuant to this section.

• (2) Subject to subsections (3) to (7), the provisions of this Act shall, with all necessary modifications, apply to—

• (a) a section 77 registration as they apply to a registration in the register effected by another section of this Act, and

• (b) a section 77 registrant as they apply to a person registered in the register who is not a section 77 registrant.

• (3) No fee shall be charged for, or relating to—

• (a) a section 77 application, or

• (b) a section 77 registration or the retention of such registration.

• (4) Where a previous registrant’s name is entered in the register pursuant to a section 77 registration, the Council shall enter in the register, or cause to be entered in the register, the term ‘(section 77 registration)’ immediately after that name to indicate that his or her registration in the register arises from the operation of this section.

• (5)
• (a) Nothing in this section shall be construed to prevent a previous registrant’s name from being entered in the register pursuant to the operation of another section of this Act, whether or not his or her name is already entered in the register pursuant to a section 77 registration.

• (b) Where a previous registrant’s name is entered in the register pursuant to the operation of this Act (other than this section) when his or her name is already entered in the register pursuant to a section 77 registration, the Council shall cancel from the register, or cause to be cancelled from the register, the latter entry at the same time as the first-mentioned entry is made.

• (c) The refusal of a section 77 registration for a previous registrant shall not prevent that registrant from making an application under another section of this Act to be registered in the register.

• (6)
• (a) Subject to subsection (7), each section 77 registration that is still in force on the 31st day of July 2020, shall, on and after that date, cease to have effect.

• (b) The Council shall cancel from the register, or cause to be cancelled from the register, on the date referred to in paragraph (a), or as soon as is practicable thereafter, each name that was entered in the register pursuant to a section 77 registration.

• (7)
• (a) The Minister may, by order, specify a different date for the purposes of subsection (6) (including a different date for a previous different date specified in an order made under this paragraph) and, if the Minister so specifies, that subsection shall be construed, with all necessary modifications, to take account of that first-mentioned date.

• (b) Section 76(1) and (2) shall, with all necessary modifications, apply to an order made under paragraph (a) as that section applies to regulations referred to in that section.

• (8) In this section—

"previous registrant" means a former registered pharmacist or registered pharmaceutical assistant, as appropriate, who was previously registered in the register and who was cancelled from the register pursuant to section 59 or 60;

"section 77 application" means an application under subsection (1);

"section 77 registrant" means a person registered in the register pursuant to—

• (a) the Council’s determination of a section 77 application, or

• (b) a decision (howsoever called) of the High Court arising from the Council’s determination of a section 77 application;

"section 77 registration" means a registration effected in the register pursuant to—

• (a) the Council’s determination of a section 77 application, or

• (b) a decision (howsoever called) of the High Court arising from the Council’s determination of a section 77 application.]

78. F71[Admissibility of certain documents relating to proceedings in State or other jurisdictions

78. (1) In any proceedings under this Act concerning a relevant person, a document that purports to be a relevant document shall be admissible as evidence of any fact stated therein of which evidence would be admissible in those proceedings.

• (2) In any proceedings under this Act concerning a relevant person, a document purporting to be a certification by a court, tribunal or other authority of a document purporting to be a relevant document (and whether or not the certification is incorporated into the document) and to be signed by or on behalf of that court, tribunal or other authority shall be deemed, for the purpose of this section, to be such a certificate and to be so signed, unless the contrary is proved.

• (3) Where a document is admissible in evidence under this section, any document which purports to be a translation of that document shall be admissible as evidence of the translation if it is certified as correct by a person competent to do so and a document purporting to be a certificate under this subsection shall be deemed to be such a certificate, and to be signed by the person purporting to have signed it, unless the contrary is proved.

• (4) In this section—

"final determination", in relation to any relevant proceedings and a relevant person, means—

• (a) the conclusion of those proceedings without any party to the proceedings making an appeal, against a decision in those proceedings to impose or to not impose a sanction on the relevant person, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or

• (b) if such an appeal is made—

• (i) the abandonment or withdrawal of the appeal, or

• (ii) the determination of the appeal, whichever first occurs;

"relevant document", in relation to a relevant person, means any of the following:

• (a) a copy of a transcript of all or any part of relevant proceedings that has been certified, by or on behalf of the court, tribunal or other authority before which the proceedings were held, to be a true and accurate copy of that transcript;

• (b) a copy of all or any part of a report arising out of such proceedings certified, by or on behalf of the court, tribunal or other authority which made the report, to be a true and accurate copy of that report;

• (c) if, after the final determination of such proceedings, sanctions are, or continue to be, imposed on the relevant person in consequence of such proceedings, a statement in writing giving particulars of such sanctions so imposed certified, by or on behalf of the court, tribunal or other authority which imposed the sanctions, to be true and accurate particulars of the sanctions that are, or continue to be, imposed on the relevant person after the final determination of the proceedings;

• (d) if, after the final determination of such proceedings, no sanctions are, or continue to be, imposed on the relevant person in consequence of such proceedings, a statement in writing to that effect certified by or on behalf of the court, tribunal or other authority before which the proceedings were held;

"relevant person" means—

• (a) a registered pharmacist,

• (b) a person who has made an application under section 14 for registration as a pharmacist which has not yet been determined by the Council,

• (c) the pharmacy owner of a registered retail pharmacy business or an employee or partner of the pharmacy owner,

• (d) the pharmacy owner of a retail pharmacy business who has made an application under section 17 for the registration of the business which has not yet been determined by the Council, or

• (e) where a corporate body owns all or part of a registered retail pharmacy business, any person being a director (including a shadow director as construed in accordance with section 221 of the Companies Act 2014), manager, secretary or any other officer of the corporate body or a person who was purporting to act in any such capacity;

"relevant proceedings", in relation to a relevant person, means any disciplinary or judicial proceedings (other than any such proceedings under this Act), in respect of which the relevant person is the subject—

• (a) in the State or another jurisdiction which may directly or indirectly result in the relevant person—

• (i) being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or

• (ii) having a restriction placed on his or her ability to provide one or more than one kind of health or social care in the State or that jurisdiction,

• (b) in another jurisdiction which may result in the relevant person being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or

• (c) in the State which may result in the relevant person being convicted, in the State, for an offence triable on indictment;

"sanction" includes any restriction or measure.]

79. F72[Power to specify form of documents

79. (1) The relevant body may specify the form of documents required for the purposes of this Act as the relevant body thinks fit.

• (2) The relevant body’s power under subsection (1) may be exercised in such a way as to—

• (a) include in the specified form of any document referred to in that subsection a statutory declaration—

• (i) to be made by the person completing the form, and

• (ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief, and

• (b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the relevant body thinks fit.

• (3) The relevant body’s power under subsection (1) may be exercised in such a way as to include in the specified form of any document a statement requiring the person completing the form to verify any particulars contained in the form, or contained in any document accompanying the form, in such manner as is specified in the form.

• (4) A form specified under this section shall be—

• (a) completed in accordance with such directions and instructions as are specified in the form,

• (b) accompanied by such documents as are specified in the form, and

• (c) if the completed form is required to be provided to—

• (i) the relevant body,

• (ii) another person on behalf of the relevant body, or

• (iii) any other person, so provided in the manner, if any, specified in the form.

• (5) Without prejudice to the generality of subsection (1), the Council may—

• (a) specify a form to be completed by a registered pharmacist in connection with the payment by the pharmacist of any fee for continued registration referred to in section 14(5), and

• (b) in that form, require the pharmacist to supply the Council with such information that the pharmacist would have to supply the Council if the pharmacist were not registered but were seeking registration.

• (6) Without prejudice to the generality of subsection (1), the Council may—

• (a) specify a form to be completed by a pharmacy owner in connection with the payment by the pharmacy owner of any fee for continued registration referred to in section 17(3) of the retail pharmacy business concerned, and

• (b) in the form, require the pharmacy owner to supply the Council with such information that the pharmacy owner would have to supply the Council if that retail pharmacy business were not registered but the pharmacy owner was seeking registration of the business.

• (7) In this section, "relevant body" means the following:

• (a) subject to paragraphs (b) and (c), the Council;

• (b) in relation to a function under this Act performed by a preliminary proceedings committee, that committee;

• (c) in relation to a function under this Act performed by a committee of inquiry, that committee.]

SCHEDULE 1 The Council and its members and the society’s employees

Section 10.

Term of office

• (2) But 6 of the members first appointed by virtue of sections 10(3)(a), (b), (c), (d), and (e), and 5 of those first appointed by virtue of section 10(3)(f) (as read with section 10(5)) and (g) after the passing of this Act shall hold office for a term of 2 years from the date of appointment.

• (3) The members making up the numbers mentioned in subparagraph (2) shall be determined by lot to be drawn in the manner fixed by the Minister.

Disqualification from Office

• (a) is adjudicated bankrupt,

• (b) makes a composition or arrangement with creditors,

• (c) is convicted of any indictable offence,

• (d) is convicted of an offence involving fraud or dishonesty,

• (e) is the subject of an order under section 160 of the Companies Act 1990, or

• (f) is sentenced to a term of imprisonment.

• (2) A disqualification under subparagraph (1)(a), (c), (d) or (e) shall not take effect until the ordinary time for appealing against the adjudication, conviction or, as the case may be, order has expired, or if an appeal is brought, it (or any further appeal) is determined in a way which upholds the adjudication, conviction or order or is abandoned.

• (3) The Minister may at any time remove a member from office if—

• (a) in the Minister’s opinion, the member has become incapable, through ill-health, of performing his or her functions,

• (b) the member has committed stated misbehaviour, or

• (c) the removal of the member appears to the Minister to be necessary for the Council to perform its functions effectively.

• (4) Subparagraph (2) does not limit the Minister’s power under paragraph 21(2) to remove any or all of the members of the Council.

Conditions of office

President and Vice-President

• (2) The President and Vice-President shall each hold office for one year.

• (3) No person may hold the office of President or Vice-President for more than 2 consecutive years.

Casual Vacancies

• (2) A new member shall hold office for the period of office of the former member that remained unexpired at the date of the new member’s appointment and shall be eligible for reappointment on the expiry of that period.

Meetings and Procedure of the Council

• (2) At a meeting of the Council—

• (a) the President, or

• (b) in his or her absence, the Vice-President, or

• (c) in both their absences, a member chosen by the members present,

shall chair the meeting.

• (3) The reference in subsection (2) to the absence of the President or Vice-President includes reference to a vacancy in that office.

• (4) Every question at a meeting shall be determined by a majority of the votes of the members present and voting and, in the case of an equal division of votes, the chair shall have a casting vote.

• (5) Subject to subparagraph (6), the Council may act notwithstanding one or more vacancies in its membership.

• (6) The quorum for a meeting shall be, unless the Minister otherwise directs, 11 members.

• (7) The Council shall arrange for the recording of the business done at its meetings and those of its committees and, subject to that and the other provisions of this Act, shall regulate its procedure and that of its committees by rules and otherwise as it sees fit.

Committees of the Council

• (2) Subparagraphs (3) to (6) shall apply to disciplinary committees and advisory committees.

• (3) A committee may include persons who are not members of the Council.

• (4) A member of a committee may be removed from it by the Council.

• (5) The Council shall appoint a member of a committee to chair it.

• (6) The Council shall fix the quorum of a committee.

• (7) The Council may dissolve a committee established under subparagraph (1).

Membership of either House of the Oireachtas or European Parliament by a Member of the Council or Staff of the Society

• (a) nominated as a member of Seanad Éireann,

• (b) elected as a member of either House of the Oireachtas or the European Parliament, or

• (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament,

shall then cease to be a member of the Council.

• (2) An employee of the Society who is—

• (a) nominated as a member of Seanad Éireann,

• (b) elected as a member of either House of the Oireachtas or the European Parliament, or

• (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament,

shall then stand seconded from employment by the Society.

• (3) An employee seconded under subparagraph (2) shall not be paid by, or entitled to receive from, the Society any remuneration or allowances in respect of the period beginning on such nomination or election or when he or she is so regarded as having been elected (as the case may be) and ending when such person ceases to be a member of either such House or a member of such Parliament.

• (4) A person who is entitled under the standing orders of either House of the Oireachtas to sit in it or who is a member of the European Parliament shall be, while so entitled or while such a member, disqualified from membership of the Council and from becoming employed in any capacity by the Council.

• (5) A period mentioned in subparagraph (3) shall not, for the purposes of any superannuation benefit, be reckoned as service with the Society.

Disclosure of certain interests

“connected relative” , in relation to a person, means a spouse, a man and woman who are not married to each other but are cohabiting as husband and wife, parent, brother, sister, child or spouse of a child of the person;

“meeting” means a meeting of the Council or of a committee of the Council;

“member” includes a member of a committee of the Council;

“specified matter” means—

• (a) an arrangement to which the Council is a party or a proposed such arrangement, or

• (b) a contract or other agreement with the Council or a proposed such contract or agreement.

• (2) A member present at a meeting where a specified matter arises who, otherwise than in his or her capacity as a member, has an interest in that matter—

• (a) shall at the meeting, disclose that fact and the extent of the interest,

• (b) may not influence or seek to influence a decision to be made in relation to the matter,

• (c) shall absent himself or herself from the meeting or that part of the meeting during which the matter is being discussed,

• (d) may not vote on a decision relating to the matter, and

• (e) may not take part in any further deliberation of the Council or any of its committees relating to the matter.

• (3) For the purposes of this paragraph, but without prejudice to the generality of subparagraph (2), a member shall be regarded as having an interest in a matter if a connected relative F73[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 of that member or a nominee of any of them] has such an interest.

• (4) The disclosure shall be recorded in the minutes of the meeting and, for as long as the specified matter is being dealt with by the meeting, the member making the disclosure may not be counted for the purposes of determining the presence of a quorum for the meeting.

• (5) The question of whether a member’s course of conduct, is or would be a contravention of subparagraph (2) shall be determined by the chair, whose decision shall be final, and the particulars of the determination shall be recorded in the minutes of the meeting.

• (6) Where the member referred to in subparagraph (4) is the chair, the meeting shall choose another member to chair it for the purposes of the determination.

• (7) If satisfied that a member has contravened subparagraph (2), the Minister may remove the member from office and that person is then disqualified from office.

Disclosure by employees of certain interests

“connected relative” has the same meaning as in paragraph 9;

“material interest” has the same meaning in relation to an employee of the Society as it has in the Ethics in Public Office Act 1995 in relation to a person holding a designated position;

“specified matter” has the same meaning as in paragraph 9.

• (2) An employee of the Society who, otherwise than as such, has a material interest in a specified matter—

• (a) shall disclose that fact to the Council and the extent of the interest,

• (b) may not influence or seek to influence any decision to be made in relation to the matter,

• (c) may not make any recommendation relating to the matter, and

• (d) may not take part in the negotiation of the matter or in any deliberation by the Council or the Society’s employees relating to that matter.

• (3) For the purposes of this paragraph but without prejudice to the generality of subparagraph (2), an employee shall be regarded as having a material interest in a matter if a connected relative F74[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 of the employee or any of them] has such an interest.

• (4) Where an employee fails to make a disclosure in accordance with this paragraph, the Council shall decide the appropriate action (which may include termination of his or her contract of employment) to be taken.

Prohibition of unauthorised disclosure of confidential information

• (a) a member of the Council or one of its committees,

• (b) an adviser or consultant to the Society or the Council or one of its committees,

• (c) an employee of the Society,

shall be guilty of an offence.

• (2) In this paragraph, “confidential information” includes—

• (a) information declared by the Council to be confidential (whether particular information or information of a class or description), and

• (b) proposals of a commercial nature or tenders submitted to the Council.

• (3) Nothing in this paragraph prohibits the disclosure of information by means of a report made—

• (a) to the Society, the Council or one of its committees, or

• (b) by or on behalf of the Council to the Minister.

Application of surpluses

• (2) The Council may spend the surplus including any surplus following disposal of assets as it sees fit on—

• (a) the development of education,

• (b) research, or

• (c) any other public purpose,

connected with pharmacy.

Registrar

• (2) The registrar shall be paid by the Society such remuneration and allowances as the Council, with the approval of the Minister with the consent of the Minister for Finance, determines from time to time.

• (3) The registrar shall be employed on such other terms and conditions as the Council, with the approval of the Minister, determines.

• (4) The registrar shall keep the registers, manage and control the administration and business of the Society and the Council and perform such other functions as may be determined by the Council.

Staff of the Pharmaceutical Society of Ireland

• (2) An employee of the Society shall be paid by the Council such remuneration and allowances as the Council, with the approval of the Minister with the consent of the Minister for Finance determines from time to time.

• (3) An employee of the Society shall be employed on such other terms and conditions as the Council, with the approval of the Minister, determines from time to time.

• (4) An employee of the Society shall perform such duties as the Council determines from time to time.

• (5) An employee of the Society may not be a member of the Council.

Superannuation

• (2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

• (3) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

• (4) A scheme submitted by a Society under this section shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Society in accordance with its terms.

• (5) No superannuation benefit shall be granted by the Society nor shall any other arrangements be entered into by the Society for the provision of such a benefit to or in respect of a member of the staff of the Society otherwise than in accordance with a scheme under this section or with the consent of the Minister and the Minister for Finance.

• (6) Each scheme made under this section shall make provision for appeals.

• (7) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Accounts and audit

• (a) of all income and expenditure of the Society, including the sources of such income, and

• (b) of the property and liabilities of the Society.

• (2) The accounts shall be audited at least once in every year by an auditor appointed by the Council for that purpose and the fees of the auditor and the expenses of the audit shall be paid by the Council as soon as practicable after each audit.

• (3) Not later than 3 months after the end of the financial year to which the accounts relate, the Council shall submit copies of the accounts and the auditors’ certificate and report to the Minister.

• (4) As soon as practicable after those copies have been so submitted, the Minister shall lay them before each House of the Oireachtas and as soon as practicable after they have been so laid, the Council shall have them printed, published and put on sale.

Annual report

• (2) As soon as practicable after the report has been so submitted, the Council shall have it printed, published and put on sale.

Council’s exercise of Society’s borrowing power

• (2) Any money so borrowed and any interest accruing on it shall be secured on the income or property of the Society.

Acceptance of gifts by the Council

Power to charge and recover fees

• (a) registration;

• (b) continued registration;

• (c) the issue of certificates of registration or continued registration;

• (d) the making of alterations in a register under section 22(2)(a);

• (e) the restoration of a name to a register under section 61;

• (f) any other service provided by virtue of this Act F75[or the Professional Qualifications Regulations].

• (2) The Society may recover, as a simple contract debt, any amount owed in respect of a fee charged under this section.

Failure of Council to perform a function

• (a) to perform the function within the time specified in the direction, and

• (b) for that purpose, to do any other thing that is ancillary or incidental to the performance of the function.

• (2) If the Council does not comply with the direction the Minister may, by order, remove from office any or all of its members and perform the function himself or herself.

Annual service plan and corporate strategy

SCHEDULE 2 Recognition of Professional Qualifications in Pharmacy

Section 16.

• (a) the Council may impose a condition requiring the person, when professing or otherwise using any academic title, status or other qualification specified in the condition, being a title, status or qualification that is relevant to the person’s registration, to indicate by whom it was conferred or awarded,

• (b) the Council, if of the opinion that any such title, status or qualification that is so relevant is capable of being understood as indicating that the person has pursued a programme of education other than that which he or she pursued, may impose a condition requiring the person, when professing or otherwise using the title, status or qualification, to do so in a manner specified in the condition or otherwise directed by the Council.

• (a) suspend the registration of the person for a specified period, or

• (b) cancel the person’s registration,

as if under section 45.

SCHEDULE 3 Certificate stating results of test, examination or analysis

Section 69.

This certificate is issued by me, the undersigned, for the purpose of section 69 of the Pharmacy Act 2007, being—

1................................................................

I hereby certify that I received, on the day of

, from 2.

..

of

a sample of the relevant thing/the relevant thing*,

being 3.

for test, examination or analysis; which

was undamaged, duly sealed and marked 4..

.

I further certify that the said sample/relevant thing has been tested, examined or analysed by me or under my direction and that the results are as follows— 5..

.

.

Signature

Date

Address.

.

.

• Delete whichever is inapplicable.

SCHEDULE 4 Enactments Repealed

Section 4.

Session and chapter or year and number (1)	Short Title (2)	Extent of repeal (3)
31 Geo. 3., c. 34	Apothecaries’ Hall Act 1791	Sections 22 to 31
38 & 39 Vic., c. 57	Pharmacy Act (Ireland) 1875	The whole Act
53 & 54 Vic., c. 48	Pharmacy Act, (Ireland) Amendment Act 1890	The whole Act
8 Edw. 7., c. 55	Poisons and Pharmacy Act 1908	The whole Act
1951 No. 30	Pharmacy Act 1951	The whole Act
1962 No. 14	Pharmacy Act 1962	The whole Act
1977 No. 12	Misuse of Drugs Act 1977	Section 32

Footnotes