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The Pharmacists and Pharmacy Technicians Order 2007
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Order revoked by S.I. 2010/231 Sch. 4 para. 58
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. A1 A2 inserted by S.I. 2007/3101 reg. 97
- art .006(3) substituted by S.I. 2009/1182 Sch. 3 para. 4(b) (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
- art .006(1)(1A) substituted for art. 6(1) by S.I. 2009/1182 Sch. 3 para. 4(a) (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
- art .006(4) words inserted by S.I. 2009/1182 Sch. 3 para. 4(c) (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
- art .025(a) words substituted by S.I. 2009/1182 Sch. 3 para. 10 (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
- art. 3(3) inserted by S.I. 2009/1182 Sch. 3 para. 2
- art. 4(2)(b)(iv)(v) substituted for art. 4(2)(b)(iv) by S.I. 2009/1182 Sch. 3 para. 3(b)
- art. 12(1)(c)(ii)(aa) words inserted by S.I. 2007/3101 reg. 75(a)(iii)(bb)
- art. 12(1)(ba) inserted by S.I. 2007/3101 reg. 75(a)(ii)
- art. 12(1A) inserted by S.I. 2007/3101 reg. 75(b)
- art. 17(1)(b)(ia) inserted by S.I. 2007/3101 reg. 78(a)(ii)
- art. 17(4)-(10) substituted for art. 17(4)-(6) by S.I. 2007/3101 reg. 78(b)
- art. 18A inserted by S.I. 2007/3101 reg. 80
- art. 19A 19B inserted by S.I. 2009/1182 Sch. 3 para. 6
- art. 28(1)(b)(ia) inserted by S.I. 2007/3101 reg. 86(b) (This amendment comes into force on the day S.I. 2007/289, art. 21 comes into force. That provision came into force on 1.7.2009 as notified in the Gazettes dated 19.6.2009 (see S.I. 2007/289, arts. 1(2)(c) and (3)))
- art. 28A 28B inserted by S.I. 2007/3101 reg. 87 (This amendment comes into force on the day S.I. 2007/289, art. 21 comes into force. That provision came into force on 1.7.2009 as notified in the Gazettes dated 19.6.2009 (see S.I. 2007/289, arts. 1(2)(c) and (3)))
- art. 30(3)(f) inserted by S.I. 2009/1182 Sch. 3 para. 11(a)(iii)
- art. 30(6) inserted by S.I. 2009/1182 Sch. 3 para. 11(b)
- art. 33(2)(a)(iii) and word inserted by S.I. 2007/3101 reg. 88(a)
- art. 39(2A)-(2D) inserted by S.I. 2007/3101 reg. 91(b)
- art. 40(1A) inserted by S.I. 2007/3101 reg. 92(b)
- art. 40(1A) words inserted by S.I. 2009/1182 Sch. 3 para. 14
- art. 42(1)(aa) inserted by S.I. 2007/3101 reg. 93(c)
- art. 42(1)(ea) inserted by S.I. 2007/3101 reg. 93(g) (This amendment comes into force on the day S.I. 2007/289, art. 21 comes into force. That provision came into force on 1.7.2009 as notified in the Gazettes dated 19.6.2009 (see S.I. 2007/289, arts. 1(2)(c) and (3)))
- art. 42(1)(fa) inserted by S.I. 2007/3101 reg. 93(h) (This amendment comes into force on the day S.I. 2007/289, art. 21 comes into force. That provision came into force on 1.7.2009 as notified in the Gazettes dated 19.6.2009 (see S.I. 2007/289, arts. 1(2)(c) and (3)))
- art. 42(1)(za) inserted by S.I. 2007/3101 reg. 93(a)
- art. 48(1)(l)(m) inserted by S.I. 2009/1182 Sch. 3 para. 18 (This effect comes into force on the coming into force of s. 44(1) of the Safeguarding Vulnerable Groups Act 2006 (c. 47). S. 44(1) was repealed without ever being in force on 10.9.2012 by 2012 c. 9, s. 75(6), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2)
- art. 49(1A) inserted by S.I. 2009/1182 Sch. 3 para. 19(a)
- art. 64A inserted by S.I. 2007/3101 reg. 95
- art. 69(1A)(1B) inserted by S.I. 2009/1182 Sch. 3 para. 25(a) (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
Referral of outstanding business and premises cases from the Statutory Committee to the Disciplinary CommitteeE+W+S
13.—(1) Subject to the arrangements set out in sub-paragraph (6), where, before the appointed day, in proceedings under Part 4 of the Medicines Act 1968 which relate to alleged misconduct, the matter has been referred by the Infringements Committee to the Statutory Committee, if—
(a)a day has been appointed for holding an inquiry (including cases where an inquiry has been postponed or adjourned)—
(i)the Statutory Committee (and its secretary and chairman) shall dispose of the matter, and
(ii)any appeal shall be disposed of,
in accordance with the old rules and with the provisions of Part 4 of the Medicines Act 1968 as they had effect immediately before the appointed day, or
(b)a day has not been appointed for holding an inquiry—
(i)the Disciplinary Committee (and its secretary and chair) shall dispose of the matter, and
(ii)any appeal shall be disposed of,
in accordance with the old rules and with the provisions of Part 4 of the Medicines Act 1968; or
(2) Subject to the arrangements set out in sub-paragraph (6), where, before the appointed day, in proceedings under Part 4 of the Medicines Act 1968 which relate to a conviction for a criminal offence, information about the conviction has been submitted to the Chairman of the Statutory Committee by the Secretary of the Committee, if—
(a)a day has been appointed for holding an inquiry (including cases where an inquiry has been postponed or adjourned)—
(i)the Statutory Committee (and its secretary and chairman) shall dispose of the matter, and
(ii)any appeal shall be disposed of,
in accordance with the old rules and with the provisions of Part 4 of the Medicines Act 1968 as they had effect immediately before the appointed day, or
(b)a day has not been appointed for holding an inquiry—
(i)the Disciplinary Committee (and its secretary and chairman) shall dispose of the matter, and
(ii)any appeal shall be disposed of,
in accordance with the old rules and with the provisions of Part 4 of the Medicines Act 1968.
(3) Where, before the appointed day, proceedings in respect of a matter have begun under Part 4 of the Medicines Act 1968, but—
(a)in proceedings which relate to alleged misconduct, the matter has not been referred by the Infringements Committee to the Statutory Committee; or
(b)in proceedings which relate to a conviction for a criminal offence, information about the conviction has not been submitted to the Chairman of the Statutory Committee by the Secretary of the Committee,
the matter shall be referred to the Disciplinary Committee for it to dispose of the matter in accordance with any relevant rules under this Order and with Part 4 of the Medicines Act 1968.
(4) Where, by virtue of sub-paragraph (1) or (2), the chair or the secretary of the Disciplinary Committee acquires functions with regard to a case, if the chairman or the secretary of the Statutory Committee has already taken steps with regard to that case, those steps shall, for the purposes of disposing of the case, be treated as steps taken by the chair or the secretary of the Disciplinary Committee.
(5) Sub-paragraph (6) applies to a case where—
(a)there are related proceedings against a body corporate and an individual pharmacist;
(b)those proceedings were, before the appointed day, dealt with by the same Committee; and
(c)those proceedings would, by virtue of paragraph 10 and sub-paragraphs (1) and (2), be dealt with by different Committees.
(6) In a case to which this sub-paragraph applies—
(a)the Registrar shall, if he considers it appropriate to do so, assign the case against the body corporate to the Committee that is dealing with the related case; and
(b)that Committee shall dispose of the matter in accordance with whichever of the statutory procedures (that is, the old rules or any relevant rules under this Order, together with Part 4 of the Medicines Act 1968) it considers to be the most appropriate in the particular circumstances of the case.
(7) Except in connection with the bringing and disposing of an appeal by virtue of sub-paragraph (1)(a)(ii) or (2)(a)(ii), any direction of the Statutory Committee that has been given under Part 4 of the Medicines Act 1968 shall, once given, be treated for all purposes as a direction of the Disciplinary Committee.
Commencement Information
I1Sch. 2 para. 13 in force at made date for specified purposes, see art. 1(2)(b)
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