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HoL Answers - 23.02.10
The Pharmacy Order 2010
Lord Rosser (Labour): To ask Her Majesty's Government under what circumstances inspectors appointed under article 8 of the Pharmacy Order 2010 may enter and search any premises, including any dwelling house, without first obtaining the consent of the occupier of the premises or obtaining from a judge or magistrate a warrant authorising the entry and search.
To ask Her Majesty's Government whether it is an offence intentionally to obstruct an inspector exercising functions under articles 10 or 11 of the Pharmacy Order 2010 when that inspector has not obtained from a judge or magistrate a warrant authorising entry and search of the premises.
Baroness Thornton (Labour): Article 10(1) of the Pharmacy Order 2010 (the Order) permits an inspector to enter any registered pharmacy or other premises at any reasonable hour without notice or a warrant. This right of entry is restricted and inspectors may enter premises only in order to:
enforce the standards required to be met by pharmacy owners and superintendent pharmacists in connection with carrying on a retail pharmacy business at a registered pharmacy;
assist the council in its investigation of matter relating to fitness to practise of registrants;
enforce provisions within the order with respect to offences relating to the Register; and
enforce any other provisions of the order and of rules made under the order.
Article 10(2) of the order provides that an inspector should give 24 hours' notice of the intended entry into premises that are, or form part of, a private dwelling house. This is not intended to give an inspector a power to enter such premises without consent or by force.
Article 10(3) of the order covers the position when entry has been refused, in which case an inspector must apply for a warrant. The possibility of refusal of entry without a warrant is specifically catered for in Article 10 of the order, which provides alternative measures that the inspector will be required to employ in order to exercise their functions. This involves obtaining a warrant.
It is not the intention that the obstruction offences in Article 12 of the order should apply where entry with 24 hours' notice has been refused. The possibility of a refusal is specifically catered for in Article 10 of the order, which provides alternative measures that the inspectors will be required to employ in order to exercise their functions. This involves obtaining a warrant. Once an inspector has obtained a warrant, they should not be obstructed from exercising their functions.
Article 12 of the Order is therefore intended to apply where, for example, an individual obstructs an inspector in the execution of a warrant or obstructs the inspector in the course of exercising the inspector's functions once entry has been gained to the premises with or without a warrant.
Posted 23 February 2010