# The Pharmaceutical Qualifications (EEC Recognition) Order 1987, Note: Explanatory note


(This note is not part of the Order)
This Order which is made under the European Communities Act 1972 and comes into force on 28th December 1987 affects nationals of member States. It implements the provisions of Council Directive 85/433/EEC (OJ No. L 253, 24.9.85, p.37) as amended by Council Directive 85/584/EEC (OJ No. L372, 31.12.85, p.42) concerning the mutual recognition of diplomas certificates and other evidence of formal qualifications in pharmacy.
Article 2 inserts new section 4A and Schedule 1A into the Pharmacy Act 1954. It also amends section 8 of that Act and makes consequential amendments. The new section 4A gives pharmacists with defined qualifications the right to be registered under that section and the new Schedule 1A lists the European diplomas giving right to registration. It is also provided in pursuance of Article 3 of Directive 85/433/EEC, that during the period of the Greek derogation registration by virtue of the Greek qualification is effective for purposes of compliance with certain named enactments only when a person so registered is acting in an employed capacity. The new section 8(1A) deals with the effect on registration of disqualification in a member State other than the United Kingdom.
Article 3 amends sections 70(1) and 71(1) of the Medicines Act 1968 which specify conditions in respect of individual pharmacists, partners and bodies corporate, carrying on a retail pharmacy business. The amendments impose the additional condition that such business is not under the personal control of a pharmacist who is qualified by virtue of section 4A of the Pharmacy Act 1954 (qualification by European diploma), or any corresponding provision applying to Northern Ireland, in relation to premises in Great Britain which have been registered pharmacies for less than 3 years.
Articles 4 and 5 amend section 42 of the National Health Service Act 1977 and section 27 of the National Health Service (Scotland) Act 1978 respectively, which sections provide power to make regulations as to pharmaceutical services. The amendments enable regulations to be made requiring the statutory bodies who are responsible for making arrangements for the provision of pharmaceutical services under those Acts, to satisfy themselves that a pharmacist qualified to have his name registered by virtue of the new section 4A and wishing to provide such services has a sufficient knowledge of English for that purpose.

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Source: https://www.legislation.gov.uk/uksi/1987/2202/note (the official version)
Page: https://openlegislation.uk/pharmaceutical-qualifications-eec-recognition-order-1987/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.