Pharmacy Act 2007

Complaints about registered retail pharmacy businesses.

36.— (1) This section applies in relation to a complaint made to the Council about a registered retail pharmacy business on the grounds that—

(a) the pharmacy owner or an employee or partner of the pharmacy owner has been convicted of an offence under this Act, any Act repealed by this Act, or regulations made under this Act or that Act, the Misuse of Drugs Acts 1977 to 2006, the Irish Medicines Board Acts 1995 and 2006, the Poisons Acts 1961 and 1977 or the Animal Remedies Acts 1993 and 2006, or

(b) the pharmacy owner or an employee or a partner of the pharmacy owner has been convicted of any other offence or has committed misconduct and the nature of that offence or misconduct is such that, were the person applying to the Council for registration as a pharmacist, the Council would be likely to refuse to register the person,

(c) in a case where the business has been carried on as mentioned in sections 26 and 29 by a representative, the representative or any person engaged by the representative in connection with the carrying on of the pharmacy (whether or not for the purposes of section 29 ) has—

(i) been convicted of an offence mentioned in paragraph (a), or

(ii) been convicted of an offence or committed misconduct the nature of which is as mentioned in paragraph (b).

(2) Subsections (2) to (6) of section 35 shall apply to a complaint about a registered retail pharmacy business as they apply to a complaint about a registered pharmacist but with the substitution for references to the registered pharmacist of references to the pharmacy owner or, as the case may be, the representative of that owner.

(3) In subsection (1), the references to a pharmacy owner include references to a director of a corporate body which owns the retail pharmacy business.