Section 82 Procedure relating to disqualification.C4C1
United Kingdom
F1The relevant disciplinary committee shall not give a direction under section 80 of this Act except with the assent of the chairman of the Committee.
A direction under that section shall not take effect until the end of the period of three months from the date on which notice of the direction is given to the body corporateF2, pharmacist, partnership or other person to whom it relates, and, if an appeal against the direction is brought under this section, shall not take effect until that appeal has been determined or withdrawn.
Where any such direction is given, the body corporateF3, pharmacist, partnership or other person to whom it relates may, at any time before the end of the period of three months specified in subsection (2) of this section, appeal against the direction to the High Court.
The F4General Pharmaceutical Council or, in Northern Ireland, the Pharmaceutical Society of Northern Ireland may appear as respondent on any such appeal; and, for the purpose of enabling directions to be given as to costs on any such appeal, the F5Council or the Society shall be deemed to be a respondent to the appeal whether they appear on the hearing of the appeal or not.
On any such appeal, the High Court may give such directions in the matter as appear to the Court to be appropriate; and it shall be the duty of F6the relevant disciplinary committee to comply with any such directions and (where appropriate) of the registrar to make such alterations in the register as are necessary to give effect to them.
No appeal shall lie from any decision of the High Court under this section.
In the application of this section to Scotland, any reference to the High Court shall be construed as a reference to the Court of Session, and any reference to costs shall be construed as a reference to expenses.
In the application of this section to Northern Ireland, any reference to the High Court shall be construed as a reference to a judge of the F7 Court of Judicature of Northern Ireland.
Annotations
Textual amendments
- F1
Words in s. 82(1) substituted (coming into force in accordance with art. 1(2)(3)) by Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), art. 1(2)(3), Sch. 1 para. 2(14)
- F2
Words in s. 82(2) inserted (24.5.2018 for E.W.S.) by The Pharmacy (Premises Standards, Information Obligations, etc.) Order 2016 (S.I. 2016/372), arts. 1(3), 10(a); S.I. 2018/512, art. 2(1)(a)(ii)(2)
- F3
Words in s. 82(3) inserted (24.5.2018 for E.W.S.) by The Pharmacy (Premises Standards, Information Obligations, etc.) Order 2016 (S.I. 2016/372), arts. 1(3), 10(b); S.I. 2018/512, art. 2(1)(a)(ii)(2)
- F4
Words in s. 82(4) substituted (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 11(a) (with Sch. 32)
- F5
Words in s. 82(4) substituted (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 11(b) (with Sch. 32)
- F6
Words in s. 82(5) substituted (coming into force in accordance with art. 1(2)(3)) by Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), art. 1(2)(3), Sch. 1 para. 2(14)
- F7
Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)
Modifications
- C1
s. 82: Power to amend conferred (15.3.2000) by 1999 c. 8, s. 60(1)(2)(4), Sch. 3 para. 2(3)(a); S.I. 2000/779, art. 2(1)
- C2
S. 82(1) amendments continued (11.2.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(2)(c), Sch. 6 para. 1(2)(d)
- C3
S. 82(5) amendments continued (11.2.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(2)(c), Sch. 6 para. 1(2)(d)
- C4
S. 80 heading; amendments continued (11.2.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(2)(c), Sch. 6 para. 1(2)(b)
Notes on Part IV
Modifications
- C1
Pt. IV: Power to amend conferred (N.I.) (2.4.2001) by 2001 c. 3 (N.I.), s. 60, Sch. 4 para. 2(2); S.R. 2001/128, art. 2(4), Sch.
- C2
Pt. IV amendment to earlier affecting provision SI 1994/3144 reg. 9 (30.10.2005) by Medicines (Marketing Authorisations Etc.) Amendment Regulations 2005 (S.I. 2005/2759), regs. 1(a), 2(12)
- C3
Pt. IV modified (E.W.S.) (coming into force in accordance with art. 1(2)(3)) by Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), art. 1(2)(3), Sch. 2 para. 13(7)
- C4
Pt. IV (except ss. 80-83): Power to amend conferred (15.3.2000) by 1999 c. 8, ss. 60(1)(2)(4), 67(1), Sch. 3 para. 2(3)(b); S.I. 2000/779, art. 2