The Pharmacy Order 2010

• “registered pharmacist” means a person registered as a pharmacist in Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010;

Amendment of the Value Added Tax Act 1994

5

• (1) The Value Added Tax Act 1994[^f00082] is amended as follows.

• (2) In Part 2 of Schedule 8 (zero rating – the Groups), in group 12, in item 1, for “the Register of Pharmacists maintained under the Pharmacists and Pharmacy Technicians Order 2007 or in the register of pharmaceutical chemists kept under” substitute “the register maintained under article 19 of the Pharmacy Order 2010 or in the register of pharmaceutical chemists kept under”.

• (3) In Part 2 of Schedule 9 (exemptions – the Groups), in group 7, in item 3, for “the Register of Pharmacists maintained under the Pharmacists and Pharmacy Technicians Order 2007 or in the register of pharmaceutical chemists kept under” substitute “the register maintained under article 19 of the Pharmacy Order 2010 or in the register of pharmaceutical chemists kept under”.

Amendment of the Data Protection Act 1998

6

In section 69(1)(d) of the Data Protection Act 1998[^f00083] (meaning of “health professional”), for “a registered pharmacist or registered pharmacy technician within the meaning of the Pharmacists and Pharmacy Technicians Order 2007” substitute “a registered pharmacist or a registered pharmacy technician within the meaning of article 3(1) of the Pharmacy Order 2010”.

Amendment of the Health Act 1999

7

In section 60(2) of the Health Act 1999[^f00084] (regulation of health care and associated professions) for “the Pharmacists and Pharmacy Technicians Order 2007” in paragraph (aa)[^f00085] substitute “the Pharmacy Order 2010”.

Amendment of the Regulation of Investigatory Powers Act 2000

8

In Part 2 of Schedule 1 to the Regulation of Investigatory Powers Act 2000[^f00086] (relevant authorities for the purposes only of section 28), for paragraph 28 and the heading preceding it substitute—

(28) The General Pharmaceutical Council.

Amendment of the Freedom of Information Act 2000

9

In Part 6 of Schedule 1 to the Freedom of Information Act 2000[^f00087] (public authorities for the purposes of that Act)—

• (a) at the appropriate place insert “The General Pharmaceutical Council.”; and

• (b) omit “The Royal Pharmaceutical Society of Great Britain, in respect of information held by it otherwise than as a tribunal.”.

Amendment of the National Health Service Reform and Health Care Professions Act 2002

10

• (1) The National Health Service Reform and Health Care Professions Act 2002[^f00088] is amended as follows.

• (2) In section 25[^f00089] (the Professional Standards Authority for Health and Social Care), in subsection (3), for paragraph (f) substitute—

(f) the General Pharmaceutical Council,

• (3) In section 26[^f00090] (powers and duties of the Council: general), omit subsection (5).

• (4) In section 29[^f00091] (references of disciplinary cases by Council to court), for paragraph (a) of subsection (1) substitute—

(a) a direction of the Fitness to Practise Committee of the General Pharmaceutical Council under article 54 of the Pharmacy Order 2010 (consideration by the Fitness to Practise Committee) or under section 80 of the Medicines Act 1968 (power to disqualify and direct removal from register),

Amendment of the Income Tax (Earnings and Pensions) Act 2003

11

In section 343 of the Income Tax (Earnings and Pensions) Act 2003[^f00092] (deduction for professional membership fees), in the Table in subsection (2), in paragraph 1, for sub-paragraphs (l) and (m) substitute—

(l) the register maintained under article 19 of the Pharmacy Order 2010 so far as relating to pharmacists or pharmacy technicians,

Amendment of the Health Act 2006

12

In the Health Act 2006[^f00093]—

• (a) in section 60 (Commission to exercise Privy Council’s appointment functions), omit subsection (2); and

• (b) in Schedule 6 (the Appointments Commission: list of regulatory bodies), after “The General Osteopathic Council.” insert “The General Pharmaceutical Council.”.

Amendment of the National Health Service Act 2006

13

• (1) The National Health Service Act 2006[^f00094] is amended as follows.

• (2) In section 129[^f00095] (regulations as to pharmaceutical services) in subsection (6)(c), for “in the Register” to “Switzerland” substitute “as a pharmacist in the Register maintained under article 19 of the Pharmacy Order 2010 by virtue of a qualification in pharmacy awarded in an EEA State other than the United Kingdom, or in Switzerland”.

• (3) In section 132[^f00096] (persons authorised to provide pharmaceutical services), for paragraph (b) of subsection (8) substitute—

(b) his registration is suspended by virtue of any direction or order under the Pharmacy Order 2010,

• (4) In section 275[^f00097] (interpretation), in subsection (1), for the definition of “registered pharmacist” substitute—

• “registered pharmacist” means a person registered as a pharmacist in Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010,

Amendment of the National Health Service (Wales) Act 2006

14

• (1) The National Health Service (Wales) Act 2006[^f00098] is amended as follows.

• (2) In section 83[^f00099] (regulations as to pharmaceutical services), in subsection (6)(c), for “in the Register” to “Switzerland” substitute “as a pharmacist in the Register maintained under article 19 of the Pharmacy Order 2010 by virtue of a qualification in pharmacy awarded in an EEA State other than the United Kingdom, or in Switzerland”.

• (3) In section 86[^f00100] (persons authorised to provide pharmaceutical services), for paragraph (b) of subsection (8) substitute—

(b) his registration is suspended by virtue of any direction or order under the Pharmacy Order 2010,

• (4) In section 206[^f00101] (interpretation) in subsection (1), for the definition of “registered pharmacist” substitute—

• “registered pharmacist” means a person registered as a pharmacist in Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010,

Amendment of the Safeguarding Vulnerable Groups Act 2006

15

In the table in section 41(7) of the Safeguarding Vulnerable Groups Act 2006[^f00102] (registers: duty to refer)—

• (a) for the second entry in column 1 under the heading “Relevant register” substitute—

(2) The register maintained under article 19 of the Pharmacy Order 2010

; and

• (b) for the second entry in column 2 under the heading “Keeper of the register” substitute—

The registrar appointed under article 18 of that Order.

Amendment of the Protection of Vulnerable Groups (Scotland) Act 2007

16

In the Protection of Vulnerable Groups (Scotland) Act 2007[^f00103]—

• (a) in section 8(2) (reference by certain other persons), for “The registrar of pharmaceutical chemists” substitute “The registrar of pharmacists”;

• (b) in section 19(3) (information held by public bodies etc.), for “The registrar of pharmaceutical chemists” substitute “The registrar of pharmacists”;

• (c) in section 97(1) (general interpretation) for the definition of “registrar of pharmaceutical chemists” substitute—

• “registrar of pharmacists” means the registrar appointed under article 18 of the Pharmacy Order 2010,

; and

• (d) in Schedule 5 (index) in the left hand column, for “registrar of pharmaceutical chemists” substitute “registrar of pharmacists”.

PART 2 — Secondary legislation

Amendment of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973

17

The Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973[^f00104] are hereby revoked.

Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

18

• (1) In Part 4 of Schedule 1 to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975[^f00105] (excepted professions, offices, employments, work and occupations: interpretation)—

• (a) for the definition of “registered pharmacist” substitute—

• “registered pharmacist” means a person who is registered as a pharmacist in Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010;

; and

• (b) for the definition of “registered pharmacy technician” substitute—

• “registered pharmacy technician” means a person who is registered as a pharmacy technician in Part 2 or 5 of the register maintained under article 19 of the Pharmacy Order 2010;

; and

• (2) in Part 4 (interpretation)[^f00106], for the definition of “registered pharmacy technician” substitute—

• “registered pharmacy technician” means a person who is entered in the register maintained under article 19 of the Pharmacy Order 2010;

Amendment of the Medicines (Bal Jivan Chamcho Prohibition) (No 2) Order 1977

19

In regulation 2(3) of the Medicines (Bal Jivan Chamcho Prohibition) (No 2) Order 1977[^f00107] (prohibition of sale, supply and importation of Bal Jivan Chamcho), for sub-paragraph (e) substitute—

(e) an inspector appointed by the General Pharmaceutical Council under article 8(1) of the Pharmacy Order 2010.

Amendment of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980

20

• (1) The Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980[^f00108] are amended as follows.

• (2) In regulation 1(2)[^f00109] (citation, commencement and interpretation) in paragraph (b) of the definition of “relevant register”, for “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007” substitute “Part 1 of the register maintained under article 19 of the Pharmacy Order 2010”.

• (3) In regulation 2(3)[^f00110] (enforcement) for “The Pharmaceutical Society shall continue to have power and be” substitute “The General Pharmaceutical Council has power and is”.

Amendment of the Medicines (Pharmacy and General Sale – Exemption) Order 1980

21

In regulation 1(2) of the Medicines (Pharmacy and General Sale – Exemption) Order 1980[^f00111] (citation, commencement and interpretation), in paragraph (b) of the definition of “relevant register” for “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007” substitute “Part 1 of the register maintained under article 19 of the Pharmacy Order 2010”.

Amendment of the Employment Agencies Act 1973 (Exemption) (No 2) Regulations 1984

22

In the Schedule to the Employment Agencies Act 1973 (Exemption) (No 2) Regulations 1984[^f00112] (exempt organisations)—

• (a) after “the Faculty of Actuaries in Scotland” insert “The General Pharmaceutical Council”; and

• (b) omit “The Pharmaceutical Society of Great Britain”.

Amendment of the Medicines (Fixing of Fees Relating to Medicinal Products for Human Use) Order 1989

23

Omit paragraph 9 of Schedule 1 and paragraph 1 of Schedule 2 to the Medicines (Fixing of Fees Relating to Medicinal Products for Human Use) Order 1989[^f00113].

Amendment of the National Health Service (Pharmaceutical Services) Regulations 1992

24

In regulation 2(1) of the National Health Service (Pharmaceutical Services) Regulations 1992[^f00114] (interpretation)—

• (a) in paragraph (b) of the definition of “relevant register”, for “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007” substitute “Part 1 of the register maintained under article 19 of the Pharmacy Order 2010”, and

• (b) for paragraph (a)(ii) of the definition of “supplementary prescriber” substitute—

(ii) Part 1 of the register maintained under article 19 of the Pharmacy Order 2010,

Amendment of the National Health Service (Service Committees and Tribunal) Regulations 1992

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994

26

In regulation 1(2) of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994[^f00116] (citation, commencement and interpretation), in paragraph (b) of the definition of “relevant register” for “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”, substitute “Part 1 of the register maintained under article 19 of the Pharmacy Order 2010”.

Amendment of the Prescription Only Medicines (Human Use) Order 1997

27

In article 1(2) of the Prescription Only Medicines (Human Use) Order 1997[^f00117] (citation, commencement and interpretation), in paragraph (b) of the definition of “relevant register” for “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007” substitute “Part 1 of the register maintained under article 19 of the Pharmacy Order 2010”.

Amendment of the Building Societies (Business Names) Regulations 1998

28

In the Schedule to the Building Societies (Business Names) Regulations 1998[^f00118] (specification of words, expressions and relevant bodies), in Column (2) of the entry for “apothecary”, for “Worshipful Society of Apothecaries of London or Pharmaceutical Society of Great Britain” substitute “Worshipful Society of Apothecaries of London or General Pharmaceutical Council”.

Amendment of the Feeding Stuffs (Enforcement) Regulations 1999

29

In regulation 2(1) of the Feeding Stuffs (Enforcement) Regulations 1999[^f00119] (interpretation), in paragraph (a)(i) of the definition of “the competent authority”, for “the Royal Pharmaceutical Society of Great Britain” substitute “the General Pharmaceutical Council”.

Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2000

30

In regulation 2(1) of the National Health Service (Charges for Drugs and Appliances) Regulations 2000[^f00120] (interpretation)—

• (a) in paragraph (a) of the definition of “pharmacist independent prescriber”, for “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007” substitute “Part 1 of the register maintained under article 19 of the Pharmacy Order 2010”; and

• (b) for paragraph (a)(ii) of the definition of “supplementary prescriber” substitute—

Part 1 of the register maintained under article 19 of the Pharmacy Order 2010;

Amendment of the Representation of the People (England and Wales) Regulations 2001

31

In regulation 53(2) of the Representation of the People (England and Wales) Regulations 2001[^f00121] (additional requirements for applications for a proxy vote for a definite or indefinite period on grounds of blindness or any other disability), for sub-paragraph (e) substitute—

(e) a registered pharmacist as defined by article 3(1) of the Pharmacy Order 2010;

Amendment of the Representation of the People (Scotland) Regulations 2001

32

In regulation 53(2) of the Representation of the People (Scotland) Regulations 2001[^f00122] (additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of blindness or any other disability), for sub-paragraph (e) substitute—

(e) a registered pharmacist as defined by article 3(1) of the Pharmacy Order 2010;

Amendment of the Family Health Services Appeal Authority (Procedure) Rules 2001

33

In regulation 2(1) of the Family Health Services Appeal Authority (Procedure) Rules 2001[^f00123] (interpretation), in the definition of “appropriate professional registration body”, for “the Royal Pharmaceutical Society of Great Britain” substitute “the General Pharmaceutical Council”.

Amendment of the Misuse of Drugs Regulations 2001

34

• (1) The Misuse of Drugs Regulations 2001[^f00124] are amended as follows.

• (2) In regulation 8(2)[^f00125] (production and supply of drugs in Schedules 2 and 5), in sub-paragraph (j), for “a person authorised by the Royal Pharmaceutical Society of Great Britain” substitute “a person authorised by the General Pharmaceutical Council”.

• (3) In regulation 9(2)[^f00126] (production and supply of drugs in Schedules 3 and 4), in sub-paragraph (h), for “a person authorised by the Royal Pharmaceutical Society of Great Britain” substitute “a person authorised by the General Pharmaceutical Council”.

Amendment of the Adults with Incapacity (Ethics Committee) (Scotland) Regulations 2002

35

In regulation 3(3) of the Adults with Incapacity (Ethics Committee) (Scotland) Regulations 2002[^f00127] (membership of the Committee), in sub-paragraph (e), for “pharmacist registered in Part 1 of one of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007” substitute “pharmacist registered in Part 1 of the register maintained under article 19 of the Pharmacy Order 2010”.

Amendment of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002

36

In regulation 14 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002[^f00128] (enforcement)—

• (a) in paragraph (4), for “the Royal Pharmaceutical Society” substitute “the General Pharmaceutical Council”; and

• (b) in paragraph (6), for “the Royal Pharmaceutical Society” substitute “the General Pharmaceutical Council”.

Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Medicines (Child Safety) Regulations 2003

38

In regulation 1(2) of the Medicines (Child Safety) Regulations 2003[^f00130], (citation, commencement and interpretation), in paragraph (b) of the definition of “relevant register”, for “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007” substitute “Part 1 of the register maintained under article 19 of the Pharmacy Order 2010”.

Amendment of the National Health Service (Tribunal) (Scotland) Regulations 2004

39

In regulation 2(1) of the National Health Service (Tribunal) (Scotland) Regulations 2004[^f00131] (interpretation and forms)—

• (a) for the definition of “pharmacist” substitute—

• “pharmacist” means a registered pharmacist within the meaning of article 3(1) of the Pharmacy Order 2010;

; and

• (b) for paragraph (d) of the definition of “relevant professional body” substitute—

(d) in relation to a practitioner who is a pharmacist, the General Pharmaceutical Council;

Amendment of the National Health Service (General Medical Services Contracts) Regulations 2004

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004

41

In regulation 2(1) of the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004[^f00133] (interpretation)—

• (a) in paragraph (b) of the definition of “relevant register”, for “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007” substitute “Part 1 of the register maintained under article 19 of the Pharmacy Order 2010”; and

• (b) for paragraph (b)(ii) of the definition of “supplementary prescriber” substitute—

(ii) Part 1 of the register maintained under article 19 of the Pharmacy Order 2010, or

Amendment of the National Health Service (Personal Medical Services Agreements) Regulations 2004

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Medicines for Human Use (Clinical Trials) Regulations 2004

43

In regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004[^f00135] (interpretation), for paragraph (a) of the definition of “pharmacist” substitute—

(a) in relation to Great Britain, a person registered as a pharmacist in Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010, and

Amendment of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004

44

In regulation 2(1) of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004[^f00136] (interpretation)—

• (a) in paragraph (a) of the definition of “pharmacist independent prescriber”, for “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007” substitute “Part 1 of the register maintained under article 19 of the Pharmacy Order 2010”;

• (b) in paragraph (b) of the definition of “relevant register”, for “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007” substitute “Part 1 of the register maintained under article 19 of the Pharmacy Order 2010”; and

• (c) for paragraph (b) of the definition of “supplementary prescriber”, substitute—

(b) Part 1 of the register maintained under article 19 of the Pharmacy Order 2010, or

Amendment of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

45

In regulation 2(1) of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004[^f00137] (interpretation)—

• (a) in paragraph (a) of the definition of “pharmacist independent prescriber”, for “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007” substitute “Part 1 of the register maintained under article 19 of the Pharmacy Order 2010”;

• (b) in paragraph (b) of the definition of “relevant register”, for “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007” substitute “Part 1 of the register maintained under article 19 of the Pharmacy Order 2010”; and

• (c) for paragraph (b) of the definition of “supplementary prescriber”, substitute—

(b) Part 1 of the register maintained under article 19 of the Pharmacy Order 2010,

Amendment of the Regulation of Care (Social Service Workers) (Scotland) Order 2005

46

In article 3(1) of the Regulation of Care (Social Service Workers) (Scotland) Order 2005[^f00138] (excluded persons), for sub-paragraph (l) substitute—

(l) the General Pharmaceutical Council.

Amendment of the National Health Service (Pharmaceutical Services) Regulations 2005

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Medicines for Human Use (Prescribing) Order 2005

48

In article 1(4) of the Medicines for Human Use (Prescribing) Order 2005[^f00140] (citation, commencement, extent and interpretation), in paragraph (b) of the definition of “relevant register” for “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007” substitute “Part 1 of the register maintained under article 19 of the Pharmacy Order 2010”.

Amendment of the Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No. 2) Order 2005

49

In article 5(3)(c) of the Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No. 2) Order 2005[^f00141] (disclosure for medical purposes), for “a pharmacist or pharmacy technician registered in Part 1 or 3 of one of the registers maintained under articles 10(1) and 21(1) of the Pharmacists and Pharmacy Technicians Order 2007” substitute “a pharmacist or a pharmacy technician registered in Part 1, 2, 4 or 5 of the register maintained under article 19 of the Pharmacy Order 2010”.

Amendment of the Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005

50

In Schedule 1 to the Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005[^f00142] (exemptions and exceptions from the provisions of regulation 4), in paragraph (b) of the definition of “relevant register” in paragraph 1, for “the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954” substitute “the register maintained under article 19 of the Pharmacy Order 2010”.

Amendment of the Gender Recognition (Disclosure of Information) (Scotland) Order 2005

51

In article 5(2)(b)(iii) of the Gender Recognition (Disclosure of Information) (Scotland) Order 2005[^f00143] (disclosure for medical purposes), for “a pharmacist or pharmacy technician registered in Part 1 or 3 of one of the registers maintained under article 10(1) and 21(1) of the Pharmacists and Pharmacy Technicians Order 2007” substitute “a pharmacist registered in Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010 or a pharmacy technician registered in Part 2 or 5 of that register”.

Amendment of the National Health Service (Discipline Committees) (Scotland) Regulations 2006

52

In regulation 4(6) of the National Health Service (Discipline Committees) (Scotland) Regulations 2006[^f00144] (provisions relating to the start of disciplinary proceedings), for sub-paragraph (iv) of the definition of “relevant professional body” substitute—

(iv) in relation to a pharmacist, the General Pharmaceutical Council;

Amendment of the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Controlled Drugs (Supervision of Management and Use) Regulations 2006

54

• (1) The Controlled Drugs (Supervision of Management and Use) Regulations 2006[^f00146] are amended as follows.

• (2) In regulation 2(1)[^f00147] (interpretation), for the definition of “registered pharmacist” substitute—

• “registered pharmacist” means a person registered as a pharmacist in Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010;

• (3) In regulation 12(4) (powers to require declarations and self assessments) for “The Royal Pharmaceutical Society of Great Britain” substitute “The General Pharmaceutical Council”.

• (4) In regulation 19(1)(b)(iii)[^f00148] (periodic inspections), for “the Royal Pharmaceutical Society of Great Britain” substitute “the General Pharmaceutical Council”.

• (5) In regulation 21(b) (inspections of private dwellings not requiring the presence of a constable), for “the Royal Pharmaceutical Society of Great Britain” substitute “the General Pharmaceutical Council”.

Amendment of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007

55

In regulation 2(1) of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007[^f00149] (interpretation), for paragraph (b) of the definition of “relevant register” (“cofrestr berthnasol”) substitute—

(b) in relation to a pharmacist, the register maintained under article 19 of the Pharmacy Order 2010 or the register maintained under Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976.

Diwygio Rheoliadau’r Gwasanaeth Iechyd Gwladol (Presgripsiynau am Ddim a Ffioedd am Gyffuriau a Chyfarpar) (Cymru) 2007

56

Yn rheoliad 2(1) o Reoliadau’r Gwasanaeth Iechyd Gwladol (Presgripsiynau am Ddim a Ffioedd am Gyffuriau a Chyfarpar) (Cymru) 2007[^f00150] (dehongli), yn lle paragraff (b) yn y diffiniad o “cofrestr berthnasol” (“relevant register”) rhodder—

(b) mewn perthynas â fferyllydd, y gofrestr a gedwir o dan erthygl 19 o Orchymyn Fferylliaeth 2010 neu’r gofrestr a gedwir o dan erthyglau 6 a 9 o Orchymyn Fferylliaeth (Gogledd Iwerddon) 1976.

Amendment of the National Assembly for Wales (Representation of the People) Order 2007

57

In paragraph 4(2) of Schedule 1 to the National Assembly for Wales (Representation of the People) Order 2007[^f00151] (additional requirements for applications on grounds of blindness or other disability), for paragraph (e) substitute—

(e) a registered pharmacist as defined by article 3(1) of the Pharmacy Order 2010;

Revocation of the Pharmacists and Pharmacy Technicians Order 2007

58

The Pharmacists and Pharmacy Technicians Order 2007[^f00152] is hereby revoked subject to the savings made in Schedule 5 to this Order.

Amendment of the Licensing (Relevant Offences) (Scotland) Regulations 2007

59

In paragraph 3 of Part 2 of the Schedule to the Licensing (Relevant Offences) (Scotland) Regulations 2007[^f00153] (other statutory offences), for “An offence under the Pharmacy Act 1954” substitute “An offence under article 38 of the Pharmacy Order 2010”.

Amendment of the Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007

60

In Column 1 of the Schedule to the Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007[^f00154], for “The Royal Pharmaceutical Society of Great Britain” substitute “The General Pharmaceutical Council”.

Amendment of the Scottish Parliament (Elections etc.) Order 2007

61

In paragraph 3(2) of Schedule 3 to the Scottish Parliament (Elections etc.) Order 2007[^f00155] (additional requirements for applications on grounds of disability), for paragraph (e) substitute—

(e) a registered pharmacist as defined by article 3(1) of the Pharmacy Order 2010;

Amendment of the European Communities (Recognition of Professional Qualifications) Regulations 2007

62

In the European Communities (Recognition of Professional Qualifications) Regulations 2007[^f00156] (sectoral professions)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008

63

In regulation 2(1) of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008[^f00157] (interpretation)—

• (a) in paragraph (a) of the definition of “pharmacist independent prescriber”, for “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007” substitute “Part 1 of the register maintained under article 19 of the Pharmacy Order 2010”; and

• (b) for paragraph (b) of the definition of “supplementary prescriber” substitute—

(b) Part 1 of the register maintained under article 19 of the Pharmacy Order 2010;

Amendment of the Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008

64

In regulation 5(3) of the Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008[^f00158], in sub-paragraph (a) for “a person registered in the register of pharmaceutical chemists established in pursuance of the Pharmacy Act 1852 and maintained in pursuance of regulation 10 of the Pharmacists and Pharmacy Technicians Order 2007” substitute “a person registered as a pharmacist in Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010”.

Amendment of the Cosmetic Products (Safety) Regulations 2008

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Medicines (Pharmacies) (Responsible Pharmacist) Regulations 2008

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 2008

67

In regulation 2(2) of the Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 2008[^f00161] (conditions of appointment for chair and non-executive members of the Council), for sub-paragraph (j)(viii) substitute—

(viii) Pharmacy Order 2010, and

Amendment of the Controlled Drugs (Supervision of Management and Use) (Wales) Regulations 2008

68

In regulation 2 of the Controlled Drugs (Supervision of Management and Use) (Wales) Regulations 2008[^f00162] (interpretation)—

• (a) for the definition of “registered pharmacist” (fferyllydd cofrestredig”) substitute—

• “registered pharmacist” (“fferyllydd cofrestredig”) means a person registered as a pharmacist in Part 1 or 4 of the register maintained by the General Pharmaceutical Council under article 19 of the Pharmacy Order 2010;

; and

• (b) for the definition of “registered pharmacy” (“fferyllfa gofrestredig”) substitute—

• “registered pharmacy” (“fferyllfa gofrestredig”) means a retail pharmacy business in Wales that is for the time being entered in Part 3 of the register maintained by the General Pharmaceutical Council under article 19 of the Pharmacy Order 2010 (registration of premises);

Diwygio Rheoliadau Cyffuriau a Reolir (Goruchwylio Rheolaeth a Defnydd) (Cymru) 2008

69

Yn rheoliad 2 o Reoliadau Cyffuriau a Reolir (Goruchwylio Rheolaeth a Defnydd) (Cymru) 2008[^f00163] (dehongli)—

• (a) yn lle’r diffiniad o “fferyllydd cofrestredig” (“registered pharmacist”) rhodder—

(a) ystyr “fferyllydd cofrestredig” (“registered pharmacist”) yw person sydd wedi’i gofrestru’n fferyllydd yn Rhan 1 neu 4 o’r gofrestr a gedwir gan y Cyngor Fferyllol Cyffredinol o dan erthygl 19 o Orchymyn Fferylliaeth 2010;

; a

• (b) yn lle’r diffiniad o “fferyllfa gofrestredig” (“registered pharmacy”) rhodder—

(c) ystyr “fferyllfa gofrestredig” (“registered pharmacy”) yw busnes manwerthu fferyllol yng Nghymru sydd am y tro wedi’i gofnodi yn Rhan 3 o’r gofrestr a gedwir gan y Cyngor Fferyllol Cyffredinol o dan erthygl 19 o Orchymyn Fferylliaeth 2010 (cofrestru mangreoedd);

Amendment of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

70

In regulation 2(1) of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009[^f00164] (interpretation and application)—

• (a) in the definition of “pharmacist”, for “a person who is registered in Part 1 or 3 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007” substitute “a person who is registered as a pharmacist in Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010”; and

• (b) for paragraph (b) of the definition of “supplementary prescriber” substitute—

(b) Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010;

Amendment of the Veterinary Medicines Regulations 2009

71

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5 — Transitional Provisions

Interpretation

1

In this Schedule—

• “the 1968 Act” means the Medicines Act 1968[^f00166];

• “the 2007 registers” means— Parts 1 and 3 of the register maintained under article 10 of the 2007 Order; Parts 1 and 3 of the register maintained under article 21 of that Order; and

• “the premises register” means the register of premises in Great Britain kept under section 75 of the 1968 Act as that section has effect immediately before the amendments made to that section by paragraph 1(8) of Schedule 4 come into force.

Members of committees

2

• (1) Members of the committees referred to in article 7(1)(b) and (d) of the 2007 Order immediately before the appointed day are to be treated as having been appointed to the Fitness to Practise Committee in accordance with rules under paragraph 5 of Schedule 1.

• (2) Members of the committee referred to in article 7(1)(e) of the 2007 Order immediately before the appointed day are to be treated as having been appointed to the Investigating Committee in accordance with rules under paragraph 5 of Schedule 1.

• (3) Members of the committee referred to in article 7(1)(f) of the 2007 Order immediately before the appointed day are to be treated as having been appointed to the Appeals Committee in accordance with rules under paragraph 5 of Schedule 1.

• (4) In this paragraph, “the appointed day” means the day appointed for the coming into force of article 4(6).

Transfer of information to the Register

3

• (1) The Society and the Council must enter into arrangements to facilitate the introduction of arrangements for the entry of pharmacists, pharmacy technicians and premises in the Register by the Council by virtue of this Order.

• (2) The arrangements entered into under sub-paragraph (1) are to include arrangements to ensure that all the names of persons entered in the 2007 registers and all premises entered in the premises register which are to be entered in the Register with effect from the appointed day are so entered.

• (3) If, immediately before the appointed, day a person’s name is included in the 2007 registers, the Registrar must enter that name in the part of the Register in which it is appropriate for that person’s name to be included, with effect from the appointed day.

• (4) If, immediately before the appointed day, premises are included in the premises register, the Registrar must enter those premises in Part 3 of the Register with effect from the appointed day.

• (5) Where the home address of a person entered in the 2007 registers appears in those registers and the entry for that person is transferred to the Register, the home address of that person must not be published in the Register without the consent of that person.

• (6) Entries made in the Register pursuant to sub-paragraph (3) are, for the purposes of article 25, to be treated as having been made on 1 January 2010 pursuant to an application under article 23.

• (7) Entries made in Part 3 of the Register pursuant to sub-paragraph (4) are, for the purposes of section 74A of the 1968 Act as inserted by paragraph 1(8) of Schedule 4, to be treated as having been made on 1 January 2010 pursuant to subsection (2) of that section.

• (8) In this paragraph and in paragraphs 4 and 5, “the appointed day” means the day appointed by order for the coming into force of article 19.

The register

4

• (1) Where immediately before the appointed day there are outstanding applications for—

• (a) entry in the 2007 registers or the premises register;

• (b) retention in those registers;

• (c) the recording of annotations in the 2007 registers; and

• (d) any entry in the 2007 registers or in the premises register to be altered, removed or restored,

the Council must dispose of the applications in accordance with sub-paragraph (2).

• (2) The applications must be disposed of in accordance with—

• (a) in the case of the 2007 registers, the relevant provisions of the 2007 Order as if those provisions remained in force;

• (b) in the case of the premises register, sections 75 and 76 of the 1968 Act as in force immediately before the amendments to that Act in Schedule 4 have effect; or

• (c) in either case, in such other manner as the Council considers just.

• (3) The Council may direct the Registrar to make such amendments (if any) of the Register as are necessary in consequence of the disposal of the applications referred to in sub-paragraph (1).

Appealable registration decisions

5

• (1) Proceedings in respect of an appealable registration decision within the meaning of article 42 of the 2007 Order which, immediately before the appointed day—

• (a) are pending before the Registration Appeals Committee by virtue of article 43 of the 2007 Order; or

• (b) have begun but in respect of which that committee has not communicated its decision to the person who is the subject of the proceedings,

must be referred to the Appeals Committee established under article 4(6)(c).

• (2) Proceedings referred to in sub-paragraph (1) must be disposed of by that committee—

• (a) in accordance with the relevant provisions of the 2007 Order as if those provisions remained in force; or

• (b) in such other manner as it considers just.

6

• (1) The revocation of article 44 of the 2007 Order (appeals from the Registration Appeals Committee) does not affect the application of that article—

• (a) in relation to any appeal that is pending before the relevant court immediately before the appointed day; or

• (b) in any case where, immediately before the appointed day, the period of 28 days within which an appeal could be brought in respect of a decision of the Registration Appeals Committee has not expired.

• (2) Article 44 of the 2007 Order also applies in relation to any decision of the Appeals Committee established under article 4(6)(c) of this Order that is made by virtue of paragraph 5; and in its application by virtue of this sub-paragraph any reference in article 44 of the 2007 Order to the Registration Appeals Committee is to be read as a reference to the Appeals Committee.

• (3) In this paragraph, “the appointed day” means the day appointed for the coming into force of Part 6.

Transitional arrangements: pharmacy technicians

7

• (1) This paragraph applies to a person (“P”) who, for the purpose of article 20(1)(a)(i), is not appropriately qualified within the meaning of article 22 but who, no later than 30 June 2011, applies to be entered in Part 2 of the Register.

• (2) The Registrar may enter P’s name in Part 2 of the Register where P has—

• (a) undergone education and training which, in the opinion of the Registrar, has provided P with a reasonable foundation for future employment as a pharmacy technician; and

• (b) demonstrated to the satisfaction of the Registrar that P possesses the requisite knowledge, skill and experience for being entered in the Register as a pharmacy technician in Great Britain,

provided that, in so doing, the Registrar is acting in a manner which is consistent with the requirements of the Directive and the General Systems Regulations.

• (3) The Council must establish and publish from time to time in such manner as it sees fit criteria to which the Registrar is to have regard for the purpose of determining—

• (a) whether or not, for the purposes of sub-paragraph (2)(a), a particular course of education or training provides, or would provide, a person with a reasonable foundation for future employment as a pharmacy technician; and

• (b) whether or not, for the purposes of sub-paragraph (2)(b), a person possesses the requisite knowledge, skill and experience for being entered in the Register as a pharmacy technician.

• (4) Until such time as the criteria referred to in sub-paragraph (3) are published, the Registrar must have regard to the criteria established by the Society under paragraph 6(3) of Schedule 2 to the 2007 Order for the purpose of determining the matters referred to in sub-paragraph (3)(a) and (b).

• (5) Where, under this paragraph, the Registrar refuses to enter P’s name in the Register, the Registrar must send to P at P’s last known home address a statement in writing giving P notice of the decision and the reasons for it and of the right of appeal to the Appeals Committee under article 40.

Offences relating to the Register: pharmacy technicians

8

• (1) A person may, before the relevant date, use the title “pharmacy technician” or “technegydd fferylliaeth” (its equivalent in the Welsh language), or practise as a pharmacy technician, without committing an offence under article 38(2)(b) or (4)(b).

• (2) In this paragraph, “the relevant date” means 1 July 2011 except that in relation to a person who has applied to be registered as a pharmacy technician before that date and whose application has not been disposed of before that date, it means the date on which that application (including any appeal) is finally disposed of.

• (3) For the purposes of sub-paragraph (2), an appeal is finally disposed of once all rights in relation to the appeal have been exhausted.

Education and training

9

• (1) Anything determined, approved or accredited by the Society under articles 14, 15, 25 and 26 of the 2007 Order immediately before the appointed day, except the approval or accreditation of providers of continuing professional development, is to be treated as having been set or approved by the Council under, as the case may be, article 42(1)(b)(ii), (4) or (5) as from the appointed day.

• (2) An appeal as provided for in rules under article 16(3)(c)(iii) or (d) or (4) or 27(3)(c)(iii) or (d) or (4) of the 2007 Order which is pending or proceeding immediately before the day the 2007 Order is revoked must be dealt with as if those articles remained in force.

• (3) In this paragraph, “the appointed day” means the day appointed for the coming into force of Part 5.

Premises

10

Sections 74A(4) to (7), 74B(1) to (5), 74C to 74I and 74L of the 1968 Act, as inserted by paragraph 1(8) of Schedule 4, have effect in relation to premises which are entered in the Register pursuant to paragraph 3(4) as they have effect in relation to premises entered in the Register under section 74A of that Act as inserted by that provision of that Schedule.

Fees

11

• (1) Any fees which are payable by virtue of—

• (a) rules under article 40 of the 2007 Order;

• (b) article 63(1) of that Order; or

• (c) regulations under section 75 or 76 of the 1968 Act,

but which are outstanding immediately before the appointed day remain payable and are to be paid to the Council.

• (2) In sub-paragraph (1), “the appointed day” means the day appointed for the coming into force of article 4(1).

Fitness to practise proceedings

12

• (1) Proceedings in respect of an allegation relating to fitness to practice which, immediately before the appointed day—

• (a) are pending before the Society or any of its committees; or

• (b) have begun but in respect of which the Society or the committee dealing with the case has not communicated its decision to the person who is the subject of the proceedings,

must be referred to the Council.

• (2) Proceedings referred to in sub-paragraph (1) must be disposed of by the Council—

• (a) in accordance with the relevant provisions of the 2007 Order as if those provisions remained in force; or

• (b) in such other manner as it considers just.

13

• (1) The revocation of Part 5 of and Part 4 of Schedule 2 to the 2007 Order does not affect the application of those provisions—

• (a) in relation to any appeal that is pending before the relevant court immediately before the appointed day; or

• (b) in any case where, immediately before the appointed day, the period of 28 days within which an appeal could be brought before the relevant court in respect of a decision of the Society or any of its committees has not expired.

• (2) Part 5 of, and Part 4 of Schedule 2 to, the 2007 Order applies in relation to any decision of the Council that is made by virtue of paragraph 12; and in its application by virtue of this sub-paragraph any references—

• (a) to the Society, are to be treated as references to the Council;

• (b) to the Investigating Committee, are to be treated as references to the Investigating Committee established under article 4(6)(a);

• (c) to the Disciplinary Committee or to the Health Committee, are to be treated as references to the Fitness to Practise Committee established under article 4(6)(b);

• (d) to the Registrar, are to be treated as references to the Registrar for the purposes of this Order.

• (3) In this paragraph “the appointed day” means the day appointed for the coming into force of Part 6.

Proceedings under section 80 of the 1968 Act

14

• (1) Sub-paragraph (2) applies to matters referred to, but not dealt with by, the Disciplinary Committee established under article 7(1)(b) of the 2007 Order by virtue of section 80 of the 1968 Act immediately before the day appointed for the coming into force of paragraph 1(14) and (15) of Schedule 4.

• (2) Those matters are to be dealt with by the Fitness to Practise Committee established under article 4(6)(b) as if the amendments to sections 80 and 81 of that Act made by paragraph 1(14) and (15) of Schedule 4 had not come into force.

Supply of information

15

For the purpose of enabling the Council to discharge its functions under the preceding provisions of this Schedule, the Society must supply such information and documentation to the Council as is relevant to the discharge of those functions.

Application of TUPE

16

The transfer of the functions of the Society to the Council by virtue of this Order is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006[^f00167], whether or not, apart from this paragraph, it would be considered such a transfer.

Transfer of property, rights and liabilities

17

The Privy Council may by order provide for the transfer from the Society to the Council of any property, rights and liabilities.

Grants and loans

18

The Privy Council may by order make provision authorising the Society to make grants or loans to any person in connection with the implementation or preparations for the implementation of this Order.

Cancellation of elections to, and transitional measures relating to, the Council of the Society

19

• (1) Elections which would have been held by virtue of regulations under article 8 of the Charter, are not to be held in respect of the vacancies that would have arisen in respect of the members of the Council of the Society who were due to vacate office at the end of 20 May 2010.

• (2) The members of the Council of the Society referred to in sub-paragraph (1) are to remain in office until the end of —

• (a) the day before the day on which the first order under article 4(2) comes into force; or

• (b) 31 May 2011,

whichever first occurs.

• (3) In sub-paragraph (1), “the Charter” means the Charter granted to the Society on 7 December 2004 as amended from time to time.

SCHEDULE 6 — Savings

PART 1 — Primary legislation

Medicines Act 1968

1

• (1) Section 69(3) of the Medicines Act 1968[^f00168] (general provision for Part 4 of the Act) is to continue to have effect with the insertion of the definition of “relevant European State” (originally made by paragraph 2(4)(b) of Schedule 1 to the 2007 Order).

• (2) The following provisions of the Medicines Act 1968—

• (a) section 72(3) (representative of a pharmacist in case of death or disability);

• (b) the heading for section 80 (power for relevant disciplinary committee to disqualify and direct removal from the register);

• (c) section 80(2), (3) and (4);

• (d) section 82(1) and (5) (procedure relating to disqualification);

• (e) section 83(1) and (2) (revocation of disqualification),

are to continue to have effect with the insertion of references to “relevant disciplinary committee”, “the relevant disciplinary committee” and “the committee” (originally made by paragraph 2(9), (12), (14) and (15) of Schedule 1 to the 2007 Order by way of substitution for references to “Statutory Committee”, “the Statutory Committee” and “the Committee”).

Income Tax (Earnings and Pensions) Act 2003

2

Section 343(2) of the Income Tax (Earnings and Pensions) Act 2003[^f00169] (deduction for professional membership fees) is to continue to have effect with the insertion, in paragraph (n) of the Table, of the entry relating to the register of pharmaceutical chemists kept under Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976[^f00170] (originally made by paragraph 9 of Schedule 1 to the 2007 Order).

PART 2 — Secondary legislation

Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

3

Part 1 of Schedule 1 to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975[^f00171] (excepted professions) is to continue to have effect with the insertion—

• (a) in paragraph 8, of the entry relating to “Registered pharmacist”; and

• (b) in paragraph 8A, of the entry relating to “Registered pharmacy technician”,

(originally made by paragraph 12(a) of Schedule 1 to the 2007 Order).

National Health Service (Pharmaceutical Services) Regulations 1992

4

Regulation 4(5) of the National Health Service (Pharmaceutical Services) Regulations 1992[^f00172] (pharmaceutical lists) is to continue to have effect with the insertion of the words “as a pharmacist in an EEA State other than the United Kingdom, or in Switzerland” (originally made by paragraph 16(b) of Schedule 1 to the 2007 Order).

Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003

5

Part 1 of Schedule 4 to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003[^f00173] (excepted professions) is to continue to have effect with the insertion in paragraph 8 of the entry relating to “Registered pharmacist” (originally made by paragraph 31(1) of Schedule 1 to the 2007 Order).

National Health Service (Pharmaceutical Services) Regulations 2005

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Judith Simpson — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes provision for the establishment of the General Pharmaceutical Council (“the Council”) and sets out the arrangements for the regulation by the Council of the professions of pharmacist and pharmacy technician in Great Britain. It also amends and supplements various provisions in Part 4 of the Medicines Act 1968 (c.67), and in section 9 of the Poisons Act 1972 (c.66) in respect of the regulation and inspection of registered pharmacies in Great Britain. The regulation of the professions of pharmacist and pharmacy technician and the regulation and inspection of registered pharmacies was, prior to the commencement of this Order, undertaken by the Royal Pharmaceutical Society of Great Britain (“the Society”) in pursuance of arrangements set out in the Pharmacists and Pharmacy Technicians Order 2007 (“the 2007 Order”) (as amended), which is now revoked.

This Order implements in part Council Directive 2005/36/EC[^f00175] (“the Directive”) on the recognition of professional qualifications. It replaces the necessary legislative framework for the implementation, in Great Britain, of the Directive which was previously set out in the 2007 Order.

Part 1 contains preliminary matters. These include commencement arrangements and the interpretation provisions (articles 1 and 3). This Order extends to Great Britain. Where other legislation is amended, the amendments have the same territorial extent as the provisions being amended (article 2).

Part 2 (articles 4 and 6) and Schedule 1 make provision for the establishment of the Council and of its statutory committees. The Council is to be constituted as provided for by an order of the Privy Council under article 4 and is required to make provision, in rules, in respect of the size, composition and procedures of each of its statutory committees. Part 2 also sets out the Council’s principal functions and general duties which are linked to the safe and effective practice of pharmacy. These include the Council’s main purpose which is to protect, promote and maintain the health, safety and well-being of the public when exercising functions that affect the public. It is also under a duty to prescribe requirements as to the evidence of health and good character that are to be met in order to satisfy the Council that a person is capable of the safe and effective practice of pharmacy (article 4). The Council is also under a duty to have proper regard to specified interests and in respect of co-operation with specified bodies (article 6).

Part 3 contains rule making powers for the purpose of implementing the Council’s function of establishing and promoting standards for the safe and effective practice of pharmacy at registered pharmacies. These standards are intended to supplement existing provision in Part 4 of the Medicines Act 1968 (Part 3 of the Medicines Act 1968 (section 66) also makes provision in respect of the standards to be met by registered pharmacies). Part 3 also makes provision for the inspection of registered pharmacies by inspectors appointed by the Council (under article 8) for the purpose of enforcing compliance by persons carrying on a retail pharmacy business at a registered pharmacy with such standards as are set in rules by the Council (under article 7). The inspectors are given various powers to enter, search and remove items from premises (articles 10 and 11) and any person who intentionally obstructs an inspector exercising these functions commits an offence (article 12). Provision is also made for the service of improvement notices on a person carrying on a retail pharmacy business at a registered pharmacy (article 13), in respect of a failure to comply with standards, for non compliance with the terms of an improvement notice to be an offence (article 14), and for a right of appeal to a magistrates’ court or, in Scotland, to the sheriff against an improvement notice (articles 16 and 17).

Part 4 contains provisions for the registration of pharmacists and pharmacy technicians in Great Britain. It also contains supplementary provision in respect of the registration of registered pharmacies in Great Britain to that which is contained in Part 4 of the Medicines Act 1968. Part 4 of this Order provides for the appointment of a Registrar (article 18) who is to establish and maintain a register of pharmacists, pharmacy technicians and premises at which the business of a retail pharmacy is lawfully conducted (“the Register”) and to perform the functions of Registrar conferred by this Order (article 19) and by any other enactment (pharmacists and pharmacy technicians who have been entered in the Register by the Registrar are defined in the Order as “registrants”). There are provisions in Part 4 relating to entitlement to entry in the Register, the procedure for dealing with applications for entry and for the renewal of an entry in the Register and for annotating the Register to denote specialisations. Provision is also made in Part 4 for the notification of decisions and the time limits within which certain applications need to be processed, for the form and keeping of the Register and for public access to certain information contained in lists derived from the Register. Prospective registrants must be appropriately qualified, fit to practise and, where appropriate, have met additional requirements as to education, training, experience and continuing professional development (article 20). There is also provision in Part 4 for the recognition of qualifications and of additional education, training and experience (articles 21 and 22). All registrants are also required to have in place adequate and appropriate professional indemnity arrangements (article 32). In addition to provision for the Registrar to enter in the Register visiting pharmacists and pharmacy technicians from relevant European States (article 33 and Schedule 2). Part 4 contains provision for the Registrar to temporarily enter in the Register a pharmacist or pharmacy technician, or a group of pharmacists or pharmacy technicians, when advised by the Secretary of State of the existence of emergency circumstances involving loss of life or human illness etc (article 34). Part 4 also contains offences relating to entries in the Register and the unlawful use of notices or certificates of registration and also restricts the use of the professional title “pharmacist” and “pharmacy technician” to registrants (article 38). There are provisions in respect of appealable decisions (articles 39 and 40) including provision for appealing from the Appeals Committee against such decisions to a court of law (article 41).

Part 5 makes provision in respect of the education, training and continuing professional development of registrants and prospective registrants. The Council is under a duty to publish and promote the standards of proficiency that it must set for the safe and effective practice of pharmacy which it is necessary for a person to achieve in order to be entered in the Register. The Council is also under a duty to establish and promote the standards of pre-registration education and training necessary to achieve those standards of proficiency. In this regard, the Council has a number of specific obligations relating to pre-registration education and training of prospective registrants. Part 5 includes other provision relating to the pre-registration education and training of prospective registrants including the approval of qualifications, courses and providers of education and training (including institutions and tutors). Similar provision is made in respect of the Council’s duty to establish and promote the standards of proficiency that it is necessary for registrants to maintain in order to be retained in the Register (article 42). The Council is under a duty to establish and promote the standards of continuing professional development necessary for a registrant to achieve and maintain those standards of proficiency, to adopt a framework setting out the requirements and conditions in respect of a registrant’s continuing professional development and to make rules in respect of persons who fail to comply with the requirements or conditions of the framework (article 43).

Part 6 makes provision relating to the fitness to practise of registrants. The Council is to establish the professional standards expected of registrants (article 48) and the Council has powers to obtain information from third parties about a particular registrant (article 49). The Council may also publish any information about the fitness to practise of registrants where it is in the public interest to do so (article 50). Provision is included in Part 6 about what it means for fitness to practise to be impaired (article 51) and a framework is set out within which allegations of impairment are to be considered. Usually, cases will firstly be considered by the Registrar who will then refer them to the Investigating Committee. The Investigating Committee has power to deal with the case by way of issuing warnings or giving advice. In addition, the Fitness to Practise Committee may suspend registrants or attach conditions to their entry in the Register and may also direct that the registrant be removed from the Register (article 54). Provision also exists in Part 6 for the review of earlier decisions to suspend a registrant or to impose conditions on a registrant’s entry in the Register. The Council may also establish a scheme of professional performance assessments to assist the Registrar, the Investigating Committee and the Fitness to Practise Committee (article 55). Provision is also made for interim orders suspending a registrant’s entry in the Register or attaching temporary conditions to an entry in the Register while an investigation is ongoing (article 56). If a registrant has been removed from the Register for fitness to practise reasons, there are arrangements for allowing that registrant to be restored to the Register in defined circumstances (article 57). Provision is also made for appeals to the courts against appealable fitness to practise decisions (article 58) and in respect of when fitness to practise decisions are to take effect – including provision for temporary measures pending the outcome of an appeal, if a decision is being appealed (articles 59 and 60).

Part 7 contains provisions relating to proceedings before the Investigating Committee, the Fitness to Practise Committee or the Appeals Committee. Essentially, these matters are to be provided for in rules. However, there are particular provisions relating to the use of legal, clinical and other specialist advisers. There are also provisions for dealing with witness summonses and orders for the production of documents which may be enforced through the courts (articles 61 to 64).

Part 8 makes miscellaneous provision which includes giving the Council a general power to charge fees which must not be used in relation to areas where there are specific charging arrangements under the Order (article 65). Provision is also made about the making of rules by the Council under this Order (article 66), the designation of the Council as the competent authority in Great Britain for the purposes of certain provisions of the Directive (article 67), for the amendments, repeals, revocations and transitional provisions and savings that are set out in Schedules 4, 5 and 6 (articles 68 and 69) and for the Privy Council procedures which are to apply in respect of the making of rules under this Order (article 70).

Consequential amendments, revocations and repeals (including the revocation of the 2007 Order) are made in respect of other legislation (Schedule 4) which are mostly minor in nature and are required to reflect the establishment of the Council and the creation of the Register. However, significant amendments have been made to sections 71 to 80 of Part 4 of the Medicines Act 1968 in order to reflect the new criteria and procedures for registration which are to apply in respect of premises at which a retail pharmacy business is conducted. In addition, twelve new sections have been inserted into the Part 4 of that Act (new sections 74A to L) which provide for the registration of premises in Great Britain and make supplemental provision in respect of that registration. These new provisions also enable the voluntary removal of registered pharmacies from the Register, the temporary registration of pharmacies in emergency circumstances and for temporary annotations to the Register to be made in respect of registered pharmacies entered in the Register under the new emergency registration provision. Significant amendments have also been made to section 9 of the Poisons Act 1972 the effect of which are to remove the function of inspecting registered pharmacies, previously undertaken by the Society, from that legislation and to confer that function on the Council.

Schedule 5 makes provision relating to the transition from the Society to the Council. In particular, it ensures that there is continuity of membership of the committees (paragraph 2), that outstanding applications for registration in the registers held by the Society are dealt with by the Council, that entries in the old registers are transferred over to the new Register established and maintained by the Council under this Order (paragraphs 3 and 4). Provision is also made for appeals in respect of appealable registration decisions that are pending before the Society immediately before the establishment of the Council to be dealt with by the Council (paragraph 5) and for appeals in respect of appealable registration decisions in relation to which the time limit for bringing an appeal has not expired before the establishment of the Council to be dealt with by the Council (paragraph 6). In addition, it allows pharmacy technicians, in certain cases, to be registered up to July 2011 even if they are not appropriately qualified (paragraph 7) and to be exempt from committing certain offences (paragraph 8). It preserves the validity of education, training and experience being undertaken at the point of change (paragraph 9). It provides for certain provisions of the Medicines Act 1968 as amended by Schedule 4 to this Order to have effect in relation to premises entered in the Register pursuant to paragraph 3(4) of Schedule 5 (paragraph 10). It allows outstanding fees to be collected by the Council (paragraph 11), for the Council to deal with outstanding fitness to practise proceedings or proceedings in respect of premises in accordance with the rules previously applying or in such other manner as it thinks fit (paragraphs 12 to 14, and requires the Society to supply necessary information to the Council (paragraph 15). It treats the transfer from the Society to the Council as a relevant transfer for the purpose of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I.2006/246) (paragraph 16) and allows for an order to be made in respect of the transfer of property, rights and liabilities from the Society to the Council (paragraph 17) and any necessary grants or loans necessary as a result of the transfer (paragraph 18). Finally, further transitional measures are made in respect of the cancellation of elections to the Council of the Society and the appointment of members of the Council of the Society as members of the Council (paragraph 19).

Schedule 6 makes savings to preserve the effect of amendments that were made to certain provisions of primary and secondary legislation by the 2007 Order which is now revoked.

Footnotes

[^f00001]: 1999 c.8. Section 60 was amended by section 26(9) of the National Health Service Reform and Health Care Professions Act 2002 (c.17) (“the 2002 Act”), by paragraph 1 of Schedule 8, paragraph 10 of Schedule 10 and Part 2 of Schedule 15 to the Health and Social Care Act 2008 (c.14) (“the 2008 Act”) and by S.I.2002/253 and 254. Subsection (4) of section 62 of the Act was substituted by subsections (4) and (4A) as inserted by paragraph 11 of Schedule 10 to the 2008 Act. Schedule 3 has been amended as follows: by section 26(10) of the 2002 Act; by paragraph 67 of Schedule 11, and Part 4 of Schedule 14, to the Health and Social Care (Community Health and Standards) Act 2003 (c.43); by Schedule 9 to the Health Act 2006 (c.28); by paragraphs 3 to 10 of Schedule 8, paragraph 12 of Schedule 10 and Part 2 of Schedule 15, to the 2008 Act; and by S.I.2002/254.

[^f00002]: 1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) and amended by S.I.2007/1388.

[^f00003]: OJ No. L255, 30.09.2005, p22, as amended by Council Directive 2006/100/EEC of 20 November 2006, OJ No. L363 of 20.12.2006, p141.

[^f00004]: S.I.2007/289; amended by S.I.2007/3101.

[^f00005]: 1971 c.38.

[^f00007]: 2000 c.7.

[^f00010]: S.I.2002/618. There are no relevant amendments.

[^f00011]: 1968 c.67. Section 130 was amended by section 12(2) of, and paragraph 3 of Schedule 1 to, the Animal Health and Welfare Act 1984 (c.40) and by S.I.1994/3119, 2005/50 and 2006/2407.

[^f00012]: See the Medicines (Products other than Veterinary Drugs) (General Sale List) Order 1984 (S.I.1984/769).

[^f00013]: 1852 c.56; repealed by the Pharmacy Act 1954 (c.61).

[^f00014]: 1868 c.121; repealed by the Pharmacy Act 1954.

[^f00015]: 1908 c.55; repealed by the Pharmacy Act 1954.

[^f00016]: 1933 c.25; repealed by the Statute Law Revision Act 1950 (c.6), by Schedule 4 to the Pharmacy Act 1954, by Schedule 6 to the Medicines Act 1968 (c.67) and by Schedule 2 to the Poisons Act 1972 (c.66).

[^f00017]: 1954 c.61; repealed by S.I.2007/289.

[^f00021]: 1968 c.67. There are no relevant amendments.

[^f00022]: 1968 c.67. The definition of retail sale was amended by paragraph 138(2) of Schedule 4 to the National Health Service Reorganisation Act 1973 (c.32), by paragraph 30 of Schedule 16 to the National Health Service (Scotland) Act 1978 (c.29) and by paragraphs 43 and 44 of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c.43).

[^f00023]: Section 71 is substituted by section 28 of the Health Act 2006 (as amended by S.I.2007/3101) from 1 October 2007 (see S.I.2008/2714type=start time=1266594623174 type=end time=1266594623174(C.119)).

[^f00024]: 2004 c.36.

[^f00025]: 2002 c.17. Section 25(3) was amended by paragraph 17 of Schedule 10 to the Health and Social Care Act 2008 (c.14).

[^f00027]: 1968 c.67.

[^f00028]: 1972 c.66.

[^f00029]: Sections 74A and 74D are inserted into the Act by paragraph 1(8) of Schedule 4 to this Order.

[^f00030]: 1978 c.30.

[^f00031]: 1971 c.80.

[^f00032]: 1980 c.43.

[^f00033]: Sections 74A and 74J are inserted into the Act by paragraph 1(8) of Schedule 4 to this Order.

[^f00034]: Section 74J is inserted into the Act by paragraph 1(8) of Schedule 4 to this Order.

[^f00035]: Section 74K is inserted into the Act by paragraph 1(8) of Schedule 4 to this Order.

[^f00036]: Section 74A is inserted into the Act by paragraph 1(8) of Schedule 4 to this Order.

[^f00037]: Section 74C is inserted into the Act by paragraph 1(8) of Schedule 4 to this Order.

[^f00038]: Section 74I is inserted into the Act by paragraph 1(8) of Schedule 4 to this Order.

[^f00039]: 1968 c.67. Section 74G is inserted into the Act by paragraph 1(8) of Schedule 4 to this Order.

[^f00040]: Section 74A is inserted into the Act by paragraph 1(8) of Schedule 1 to this Order.

[^f00041]: Section 74H is inserted into the Act by paragraph 1(8) of Schedule 4 to this Order.

[^f00043]: 1995 c.46.

[^f00044]: Section 302 was amended by section 406(1) of and Schedule 17, paragraph 133(1) and (2) to, the Communications Act 2003 (c.21), by paragraph 16 of Schedule 7 to the Wireless Telegraphy Act 2006 (c.36) and by section 50(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6).

[^f00045]: 1992 c.5. Section 115A was inserted by section 60 of the Social Security Administration (Fraud) Act 1997 (c.47) and amended by section 14 of the Social Security Fraud Act 2001 (c.11).

[^f00046]: 2006 c.47.

[^f00047]: S.I.2007/1351 (N.I.11).

[^f00048]: 2007 asp14.

[^f00049]: S.I.1976/1213 (N.I. 22).

[^f00051]: 1968 c.67.

[^f00052]: 1990 c.41.

[^f00053]: 1980 c.46. Section 25A was inserted by section 24 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40) and amended by paragraph 31 of Schedule 4 to the Criminal Procedure and Consequential Provisions (Scotland) Act 1995 (c.40), by S.S.I.1999/1042 and by S.S.I.2001/121.

[^f00054]: 1968 c.67.

[^f00055]: 1981 c.54 as amended by section 59(5) of and Schedule 11 to the Constitutional Reform Act 2005 (c.4). Section 36 has been amended by the Courts and Legal Services Act 1990 (c.41), Schedule 17, paragraph 13.

[^f00056]: 1946 c.36. Section 1(1A) was inserted by paragraph 2 of Schedule 12 to the Government of Wales Act 1998 (c.38) and substituted by paragraph 2 of Schedule 10 to the Government of Wales Act 2006 (c.32).

[^f00058]: 2006 c.46.

[^f00059]: 2006 c.3.

[^f00060]: 1968 c.67.

[^f00061]: Subsection (1ZA) was inserted by S.I.2007/3101, regulation 98(a) and amended by regulation 13 of the European Qualifications (Pharmacy) Regulations (Northern Ireland) 2008 (S.R.2008/192). Subsection (3) was amended by the Statute Law Repeals Act 1993 (c.50), Schedule 1, Part 12, by S.I.1976/1213 and by S.I.2007/289.

[^f00062]: Section 70 is substituted by section 27 of the Health Act 2006 (c.28) (as amended by S.I.2007/3101 as from 1 October 2009 (see S.I.2008/2714 (C.114))). Section 70(3) and (5) was amended by S.I.2007/289.

[^f00063]: Section 71 is substituted by section 28 of the Health Act 2006 (as amended by S.I. 2007/3101 as from 1 October 2009 (see S.I.2008/2714 (C.114))). Section 71(3) and (5) was amended by S.I.2007/289. Section 71(7) was amended by the European Qualifications (Pharmacy) Regulations (Northern Ireland) 2008 (S.R.2008/192).

[^f00064]: Section 72(2), (2A) and (2B) was inserted by section 29 of the Health Act 2006 (as amended by S.I.2007/3101 as from 1 October 2009 (see S.I.2008/2714 (C.114)). Section 72(2B) was amended by S.I.2007/289.

[^f00065]: Section 72B was substituted by section 30 of the Health Act 2006 as from 1 October 2009 (see S.I.2008/2714 (C.114)). Section 72B was amended by S.I.2007/289.

[^f00066]: Section 74(1), (2), (4) and (6) were amended, and section 74(2) and (4) repealed, by the Statute Law (Repeals) Act 1993 (c.50) and S.I.2006/2407.

[^f00067]: Section 75 was amended by S.I.1968/1699.

[^f00068]: Section 76(4) was repealed by the Statute Law (Repeals) Act 1993 (c.50).

[^f00069]: Section 77 was amended by the Health Act 2006 (c.28), sections 30(2), 80(2) and Schedule 8.

[^f00070]: Section 78(5) was amended by the Statute Law (Repeals) Act 1993, Schedule 1, Part 12 and by S.I.2007/289.

[^f00071]: Section 79 was amended by S.I.2006/2407.

[^f00072]: Section 80(1) was amended by S.I.2007/289. Section 80(5) was amended by the Misuse of Drugs Act 1971 (c.38), section 12(7), and by S.I.1976/1213.