Pharmaceutical Society of Ireland (Fees) Rules, 2008

JurisdictionIreland
CitationIR SI 496/2008
Year2008

The Council of the Pharmaceutical Society of Ireland, in exercise of the functions conferred on the said Society by section 11 of the Pharmacy Act 2007 (No. 20 of 2007), hereby makes the following rules.

Dated this 28 day of November 2008

BERNARD LEDDY

President

AMBROSE McLOUGHLIN

Registrar

I consent to the making of these Rules.

GIVEN under my Official Seal

28 November 2008

MARY HARNEY,

Minister for Health and Children.

S.I. No. 496 of 2008

PHARMACEUTICAL SOCIETY OF IRELAND (FEES) RULES 2008

ARRANGEMENT OF RULES

1. Citation.

2. Commencement.

3. Interpretation.

4. Setting and approval of fees and transitional arrangements in respect of certain fees.

5. Non-refundable nature of certain fees and discretion available to the Council in respect of other fees.

SCHEDULE

Fees payable in respect of applications, notifications and services provided.

S.I. No. 496 of 2008

PHARMACEUTICAL SOCIETY OF IRELAND (FEES) RULES 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd December, 2008.

The Council of the Pharmaceutical Society of Ireland, in exercise of thefunctions conferred on the said Society by section 11 of the Pharmacy Act 2007 (No. 20 of 2007), hereby makes the following rules:—

Citation

1. These Rules may be cited as the Pharmaceutical Society of Ireland (Fees) Rules 2008.

Commencement

2. (1) Subject to paragraph (2) these rules shall come into force on 29 November 2008.

(2) Paragraph 29 of the Schedule shall come into force on 1 June 2009.

Interpretation

3. (1) In these Rules—

“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 );

“adaptation period” has the same meaning as in subsections (8) and (10) of section 16 of the Act;

“aptitude test” has the meaning assigned to it in section 24A(11) of the Act;

“certificate of registration” means a certificate of registration which is for the time being in force and which has been issued under section 20(1) of the Act or, in the case of a pharmaceutical assistant, under Rule 14(1) of the Registration Rules. Such certificate includes a certificate of continued registration issued under section 20(2) of the Act, or as the case may be, under Rule 14(2) of the Registration Rules;

“change in the ownership of a pharmacy” has the meaning assigned to it in section 17(6) of the Act;

“Education and Training Rules” means the Pharmaceutical Society of Ireland (Education and Training) Rules 2008 ( S.I. No. 493 of 2008 );

“in-service practical training programme” has the meaning assigned to it in Part 4 of the Education and Training Rules;

“personal registers” has the meaning assigned to it in section 13(1)(b) of the Act;

“Professional Registration Examination” means the examination conducted in accordance with Part 5 of the Education and Training Rules;

“Register of Pharmacists”, “Register of Pharmaceutical Assistants” and “Register of Retail Pharmacy Businesses” mean the respective registers established under section 13(1) of the Act;

“registered pharmacist” means a person whose name is entered in the Register of Pharmacists;

“registered pharmaceutical assistant” means a person whose name is entered in the Register of Pharmaceutical Assistants;

“Registration Rules” means the Pharmaceutical Society of Ireland (Registration) Rules 2008 ( S.I. No. 494 of 2008 );

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

“relevant state” means—

(a) a Member State,

(b) a state that is a contracting state to the EEA agreement within the meaning given by the European Communities (Amendment) Act 1993 (other than a member state or the State),

(c) the Swiss Confederation;

“superintendent pharmacist” means a registered pharmacist acting in the capacity specified in section 27(b), 28(a) or 29(b) of the Act, who is in personal control of the management and administration of the sale and supply of medicinal products, either where such control is exercised in respect of a single retail pharmacy business or in respect of a number of such businesses;

“supervising pharmacist” means a registered pharmacist acting in the capacity specified in section 27(c), 28(b) or 29(c) of the Act and who is in whole-time charge of carrying on the retail pharmacy business at the premises of the said business;

“tutor pharmacist” means a registered pharmacist who has been recognised by the Council under Rule 19 of the Education and Training Rules.

(2) In these Rules, unless the context otherwise requires, any reference to a Rule or Schedule shall be construed as a reference to a Rule or Schedule contained in these Rules, and any reference in a Rule or in a Schedule to a paragraph shall be construed as a reference to a paragraph in that Rule or Schedule.

(3) In these Rules, where a restoration fee is payable, the whole of the prescribed fee shall be payable notwithstanding the amount of time that has lapsed from the date on which the relevant registration was cancelled.

(4) In these Rules, where an application for registration is made in respect of a retail pharmacy business in which, immediately before the coming into force of these Rules, the business of a pharmaceutical chemist was being conducted under the Pharmacy Acts 1875 to 1977, such application shall be considered for fee purposes as being an application for the continued registration of a retail pharmacy business. This paragraph shall not apply in the case of an application for registration of a retail pharmacy business following a change in the ownership of the pharmacy.

Setting and approval of fees and transitional arrangements in respect of certain fees

4. (1) The fees payable to the Society for the various purposes of paragraph 20 of Schedule 1 to the Act, shall be the amounts indicated in Column 3 of the Schedule opposite the description of the fee in Column 2 of the said Schedule.

(2) Where a fee is specified in the Schedule to these Rules, the amount of such fee may, from time to time, be varied by the Council with the approval of the Minister.

(3) The fees for continued registration for those persons who, by virtue of section 15(2) of the Act, were registered in one of the personal registers, shall become due on the 1st of January 2009.

Non-refundable nature of certain fees and discretion available to the Council in respect of other fees

5. (1) Any fee paid under these Rules in connection...

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