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The Pharmacists and Pharmacy Technicians Order 2007

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2007, ISBN 0110754611

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order in Council laid before Parliament under section 62(9) of the Health Act 1999, for approval by resolution of each House of Parliament.

HEALTH CARE AND ASSOCIATED PROFESSIONS

PHARMACISTS

Made 2007

Coming into force in accordance with article 1(2) and (3)

At the Court at Buckingham Palace, the day of 2007

Present,

The Queen’s Most Excellent Majesty in Council

This Order in Council is made in exercise of the powers conferred by sections 60 and 62(4) of, and Schedule 3 to, the Health Act 1999f1.

The Secretary of State published a draft Order and invited representations as required by paragraph 9(1) of Schedule 3 to that Act.

The period of three months mentioned in paragraph 9(2) of that Schedule expired before a draft of this Order in Council was laid before Parliament.

A draft of this Order in Council has been approved by resolution of each House of Parliament, in accordance with section 62(9) of that Act.

Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to make the following Order in Council:

Annotations to the whole text

Footnotes

f1

1999 c.8. Section 62(4) applies section 126(4) and (5) of the National Health Service Act 1977 (c.49) in relation to powers to make Orders in Council conferred by the Health Act 1999. See therefore that section 126(4) and (5) (which have been amended by: the National Health Service and Community Care Act 1990 (c.19), section 65(2); the Health and Social Care Act 2001 (c.15), Schedule 5, paragraphs 5(1) and 13(b) and (d); the National Health Service Reform and Health Care Professions Act 2002 (c.17), section 6(3)(c) and Schedule 8, paragraph 10(a); and the Health and Social Care (Community Health and Standards) Act 2003 (c.43), Schedule 11, paragraphs 7 and 38, and Schedule 14, Part 4), which contain powers which are relevant to the powers being exercised in the making of this Order.

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Extent
  4. 3Interpretation
  5. 4The Society’s general duties
  6. 5The Council
  7. 6The Council’s duties in respect of publications
  8. 7The statutory committees
  9. 8Remuneration and allowances of Council members, committee members and specialist advisers
  10. 9Appointment etc. of the Registrar and any Deputy Registrar
  11. Part 2: Registration of pharmacists
  12. 10The Register of Pharmacists
  13. 11Entitlement to registration in the Register of Pharmacists
  14. 12Preregistration requirements for pharmacists in respect of qualifications and additional education, training or experience
  15. 13General functions of the Society in respect of pharmacists’ and prospective pharmacists’ education, training and the acquisition of experience
  16. 14Specific obligations of the Society in respect of pharmacists’ and prospective pharmacists’ education, training and the acquisition of experience
  17. 15Specific powers of the Society in respect of pharmacists’ and prospective pharmacists’ education, training and the acquisition of experience
  18. 16Supplemental matters in connection with articles 14 and 15
  19. 17Form, manner and content of applications for registration in the Register of Pharmacists or retention in that register
  20. 18Notification of decisions on applications for entry in the Register of Pharmacists
  21. 19Relationship between registration in the Register of Pharmacists and membership of the Society
  22. 20Offences relating to the Register of Pharmacists
  23. Part 3: Registration of pharmacy technicians
  24. 21The Register of Pharmacy Technicians
  25. 22Entitlement to registration in the Register of Pharmacy Technicians
  26. 23Preregistration requirements for pharmacy technicians in respect of qualifications and additional education, training or experience
  27. 24General functions of the Society in respect of pharmacy technicians’ and prospective pharmacy technicians’ education, training and the acquisition of experience
  28. 25Specific obligations of the Society in respect of pharmacy technicians’ and prospective pharmacy technicians’ education, training and the acquisition of experience
  29. 26Specific powers of the Society in respect of pharmacy technicians’ and prospective pharmacy technicians’ education, training and the acquisition of experience
  30. 27Supplemental matters in connection with articles 25 and 26
  31. 28Form, manner and content of applications for registration in the Register of Pharmacy Technicians or retention in that register
  32. 29Offences relating to the Register of Pharmacy Technicians
  33. Part 4: Matters common to both of the Society’s registers
  34. 30The Society’s registers
  35. 31Specialisations
  36. 32Certificates of registration
  37. 33Registrants’ duties with regard to their registration entries
  38. 34Corrections of the register
  39. 35Fitness to practise matters before registration
  40. 36Moving between different parts of a register
  41. 37Voluntary removal from the registers
  42. 38Indemnity arrangements
  43. 39Continuing professional development
  44. 40Fees in connection with registration
  45. 41Restoration to the Society’s registers of persons removed under Parts 2 to 4
  46. 42Appealable registration decisions
  47. 43Appeals to the Registration Appeals Committee
  48. 44Appeals from the Registration Appeals Committee
  49. Part 5: Fitness to practise
  50. 45Guidance in respect of standards of conduct, practice and performance
  51. 46Disclosure of information: general
  52. 47Disclosure of fitness to practise matters in the public interest
  53. 48Impairment of fitness to practise
  54. 49Initial action in respect of allegations
  55. 50Consideration by the Investigating Committee
  56. 51Consideration by the Health Committee
  57. 52Consideration by the Disciplinary Committee
  58. 53Professional performance assessments
  59. 54Interim Orders
  60. 55Restoration of names to the register: fitness to practise
  61. 56Appeals against appealable fitness to practise decisions
  62. 57The taking effect of directions in respect of appealable fitness to practise decisions
  63. 58Interim measures pending a direction taking effect
  64. Part 6: Proceedings
  65. 59Rules in respect of proceedings
  66. 60Procedure of fitness to practise committees and the Registration Appeals Committee
  67. 61Legal advisers
  68. 62Clinical and other specialist advisers
  69. Part 7: Miscellaneous
  70. 63General fees
  71. 64Education and training outside the United Kingdom
  72. 65Prosecutions
  73. 66Rules
  74. 67Amendments, repeals and revocations
  75. 68Transitional provisions
  76. 69Privy Council procedures etc.
  77. Signature
  78. Schedule 1: AMENDMENTS, REPEALS AND REVOCATIONS
  79. Part 1: Primary legislation
  80. 1Repeal of the Pharmacy Act 1954
  81. 2Amendment of the Medicines Act 1968
  82. 3Amendment of the Poisons Act 1972
  83. 4Amendment of the National Health Service (Scotland) Act 1978
  84. 5Amendment of the Value Added Tax Act 1994
  85. 6Repeal of the Pharmacists (Fitness to Practise) Act 1997
  86. 7Amendment of the Data Protection Act 1998
  87. 8Amendment of the National Health Service Reform and Health Care Professions Act 2002
  88. 9Amendment of the Income Tax (Earnings and Pensions) Act 2003
  89. 10Amendment of the National Health Service Act 2006
  90. 11Amendment of the National Health Service (Wales) Act 2006
  91. Part 2: Secondary legislation
  92. 12Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
  93. 13Amendment of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980
  94. 14Amendment of the Medicines (Pharmacy and General Sale – Exemption) Order 1980
  95. 15Amendment of the Pharmaceutical Qualifications (EEC Recognition) Order 1987
  96. 16Amendment of the National Health Service (Pharmaceutical Services) Regulations 1992
  97. 17Amendment of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994
  98. 18Amendment of the National Health Service (Pharmaceutical Services) (Scotland) 1995
  99. 19Revocation of the Pharmaceutical Qualifications (Recognition) Regulations 1996
  100. 20Amendment of the Prescription Only Medicines (Human Use) Order 1997
  101. 21Amendment of the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999
  102. 22Amendment of the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999
  103. 23Amendment of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999
  104. 24Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2000
  105. 25Amendment of the National Health Service (Charges for Drugs and Appliances) (Wales) Regulations 2001
  106. 26Amendment of the Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 2001
  107. 27Amendment of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001
  108. 28Amendment of the Council for the Regulation of Health Care Professionals (Appointment etc.) Regulations 2002
  109. 29Amendment of the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002
  110. 30Amendment of the Adults with Incapacity (Ethics Committee) (Scotland) Regulations 2002
  111. 31Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003
  112. 32Amendment of the European Qualifications (Health Care Professions) Regulations 2003
  113. 33Amendment of the Medicines (Child Safety) Regulations 2003
  114. 34Amendment of the National Health Service (General Medical Services Contracts) Regulations 2004
  115. 35Amendment of the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004
  116. 36Amendment of the National Health Service (Personal Medical Services Agreements) Regulations 2004
  117. 37Amendment of the Medicines for Human Use (Clinical Trials) Regulations 2004
  118. 38Amendment of the European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004
  119. 39Amendment of the Cosmetic Products (Safety) Regulations 2004
  120. 40Amendment of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004
  121. 41Amendment of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004
  122. 42Amendment of the National Health Service (Pharmaceutical Services) Regulations 2005
  123. 43Amendment of the Medicines for Human Use (Prescribing) Order 2005
  124. 44Amendment of the Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No. 2) Order 2005
  125. 45Amendment of the Gender Recognition (Disclosure of Information (Scotland) Order 2005
  126. Schedule 2: TRANSITIONAL PROVISIONS
  127. Part 1: General
  128. 1Interpretation of this Schedule and construction of old legislation
  129. 2Continuation in office of the Registrar and Deputy Registrar
  130. 3Continuation of the old committees
  131. 4The Society’s byelaws
  132. Part 2: Registration of pharmacy technicians
  133. 5Entry in the Register of Pharmacy Technicians: persons on the voluntary register
  134. 6Transitional arrangements in respect of persons practising as pharmacy technicians before the statutory register is opened
  135. Part 3: Outstanding registration cases
  136. 7Outstanding referrals to, and cases before, the Statutory Committee where no direction has been given
  137. 8Outstanding appeals to the Council
  138. 9Outstanding appeals to the county court or the sheriff
  139. Part 4: Fitness to practise
  140. 10Outstanding fitness to practise proceedings
  141. 11Applicants for registration or restoration who are subject to directions given under the 1954 Act
  142. 12Outstanding appeals to the courts against directions of the Statutory Committee
  143. Part 5: Transfer of responsibilities under the Medicines Act 1968
  144. 13Referral of outstanding business and premises cases from the Statutory Committee to the Disciplinary Committee
  145. Explanatory note