Regulated Professions (Health and Social Care) (Amendment) Act 2020

Amendment of section 36 of Act of 2007

62. Section 36 of the Act of 2007 is amended—

(a) in subsection (1) —

(i) in paragraph (b), by the substitution of “(whether in the State or another jurisdiction) or has committed misconduct (whether in the State or another jurisdiction)” for “or has committed misconduct”,

(ii) by the insertion of the following paragraph after paragraph (b):

“(ba) the pharmacy owner—

(i) has failed to comply, in his or her capacity as a pharmacy owner, with a provision of an Act or statutory instrument referred to in section 7(1)(e)(ii), or

(ii) has contravened section 21C(7)(a),”,

(iii) by the deletion of “or” immediately preceding paragraph (d),

(iv) in paragraph (d), by the substitution of “under section 18, or” for “under section 18.”, and

(v) by the insertion of the following paragraph after paragraph (d):

“(e) the pharmacy owner or an employee or partner of the pharmacy owner has contravened a provision of this Act not otherwise referred to in this subsection.”,

and

(b) by the insertion of the following subsection after subsection (3):

“(4) Section 35(3B) shall, with all necessary modifications, apply to a pharmacy owner as that section applies to a registered pharmacist within the meaning of that section.”.