Pharmacy Act 1954

SCHEDULES

Section 7.

FIRST SCHEDULE E+W+S The Statutory Committee

Constitution E+W+S

1 (1) Subject to the provisions of the next following sub-paragraph, the Statutory Committee (hereafter in this Schedule referred to as “the committee”) shall consist of six members, of whom one, who shall be chairman, shall be appointed by the Privy Council, and of whom five shall be appointed by the Council. E+W+S

(2) If by reason of illness or other infirmity the chairman becomes temporarily incapable of performing the duties of his office, the Privy Council may appoint another person to be a member of the committee and to act in the place of the chairman; and in relation to any period during which any person is appointed under this sub-paragraph, any reference to the chairman of the Statutory Committee in any enactment (other than the foregoing provisions of this Schedule) shall be construed as a reference to that person.

2 A person may be appointed to be a member of the committee whether he is or is not a member of the Society or of the Council, but— E+W+S

(a) the chairman shall be a person having practical legal experience; and

(b) if, on the occurrence of a vacancy among the members appointed by the Council, none of the remaining members so appointed is a pharmaceutical chemist resident in Scotland, the person appointed to fill the vacancy shall be a pharmaceutical chemist so resident.

3 (1) Subject to the provisions of the next following sub-paragraph, a member of the committee, other than a person appointed under sub-paragraph (2) of paragraph 1 of this Schedule, shall hold office for a period of five years, and a person appointed under the said sub-paragraph (2) shall hold office for the period (not exceeding six months) for which he is appointed; and any member shall be eligible for re-appointment at the expiration of his period of office. E+W+S

(2) Any member of the committee may at any time resign his office by giving notice in writing of his resignation—

(a) in the case of a member appointed by the Council, to the registrar;

(b) in any other case, to the Clerk of the Privy Council;

and the body by whom a member of the committee is appointed may remove the member from his appointment for inability to perform his duties or for misbehaviour.

Procedure E+W+S

4 (1) The quorum of the committee shall be three, of whom the chairman shall be one. E+W+S

(2) The committee may act by a majority of the members present, and in the case of an equality of votes the chairman shall have a casting vote.

5 (1) The committee may make regulations as to the procedure to be followed by the committee in exercising the jurisdiction conferred upon it by this Act and the Act of 1933, but no such regulations shall come into operation until they are approved by the Privy Council. E+W+S

(2) The Privy Council may approve any such regulations with or without modifications; but where the Privy Council propose to modify any such regulations, they shall give the committee a reasonable opportunity of making observations to the Privy Council on the proposed modifications and shall, before approving the regulations, take into consideration any observations made by the committee by virtue of this sub-paragraph.

(3) The power conferred by this paragraph to approve regulations shall be exercisable by statutory instrument, and any statutory instrument approving regulations made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Expenses E+W+S

6 The Society shall pay to members of the committee such reasonable travelling expenses as are fixed by the Council with the approval of the Privy Council, and may pay to any member of the committee such fees as are so fixed; and all other expenses of the committee shall be defrayed by the Society. E+W+S

[F1 SCHEDULE 1A E+W+S QUALIFYING EUROPEAN DIPLOMAS

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Amendments (Textual)

F1 Sch. 1A inserted by S.I. 1987/2202, art. 2(7)

Belgium E+W+S

1 Le diploâme leágal de pharmacien/het wettelijk diploma van apoteker (the legal diploma in pharmacy) awarded by the faculties of medicine and pharmacy of the Universities, by the Central examining board or by the State examining boards for university education. E+W+S

Denmark E+W+S

2 Bevis for bestået farmaceutisk kandidateksamen (the university pharmacy certificate). E+W+S

France E+W+S

3 The State diploma in pharmacy awarded by the universities or the State diploma of Doctor in Pharmacy awarded by the universities. E+W+S

Germany E+W+S

4 (1) Zeugnis uäber die staatliche Pharmazeutische Pruäfung (the State examination certificate in pharmacy) awarded by the competent authorities. E+W+S

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 Sch. 1A para. 4(2) repealed (28.6.1996) by S.I. 1996/1405, reg. 3

Greece E+W+S

5 Pistopoihtikό twn armodίwn arxώn, ikanόthtaς άskhshς thς farmakeutikhς; xorhgoύmeno metά kratikή ezέtash (the certificate attesting competence to pursue the activity of a pharmacist) issued by the competent authorities following a State examination. E+W+S

Ireland E+W+S

6 The certificate of Registered Pharmaceutical Chemist. E+W+S

Italy E+W+S

7 The diploma or certificate giving the right to practise pharmacy, obtained by passing a State examination. E+W+S

Luxembourg E+W+S

8 (1) The State pharmacy diploma awarded by the State Examining Board and signed by the National Minister of Education. E+W+S

(2) A diploma conferring on a national of the Grand Duchy a degree in respect of pharmacy which—

(a) has been granted otherwise than in a member State;

(b) is accorded official recognition by the National Minister for Education in accordance with the law of the Grand Duchy of 1st June 1969 on higher education and the recognition of foreign degrees and diplomas; and

(c) is approved for the purposes of section 4A of this Act by the Council.

The Netherlands E+W+S

9 Het getuigschrift van met goed gevolg afgelegd apothekersexamen (the university pharmacy certificate). E+W+S

Portugal E+W+S

10 Carta de curso de licenciatura em Cieâncias Farmaceâuticas (the certificate in pharmaceutical sciences awarded by the universities). E+W+S

Spain E+W+S

11 Tiátulo de licenciado en farmacia (university degree in pharmacy awarded by the Ministry of Education and Science or by the universities).] E+W+S

Prospective

[F3 SCHEDULE 1B E+W+S The Health Committee

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Amendments (Textual)

F3 Sch. 1B (paras. 1-6) inserted (prosp.) by 1997 c. 19, ss. 1,2, Sch. para. 4(with s. 1)

Interpretation E+W+S

F4 1 In this Schedule— E+W+S

• “the Committee” means the Health Committee, and

• “member” (except in paragraph 6(5) of this Schedule) means a member of the Committee.

Annotations:

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Amendments (Textual)

F4 Sch. 1B (paras. 1-6) inserted (prosp.) by 1997 c. 19, ss. 1, 2, Sch. para. 4 (with s. 1)

Constitution E+W+S

F5 2 (1) The Committee shall consist of— E+W+S

(a) a chairman and deputy chairman appointed by the Privy Council, and

(b) six other members appointed by the Council.

(2) The members appointed by the Privy Council shall be registered medical practitioners at the time of their appointment.

(3) At least three of the members appointed by the Council shall be registered pharmaceutical chemists at the time of their appointment.

Annotations:

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Amendments (Textual)

F5 Sch. 1B (paras. 1-6) inserted (prosp.) by 1997 c. 19, ss. 1, 2, Sch. para. 4 (with s. 1)

Term of office and resignation E+W+S

F6 3 (1) A member appointed by the Privy Council— E+W+S

(a) shall hold office for a period of five years, and

(b) (unless he holds office by virtue of being re-appointed under this paragraph) shall be eligible for re-appointment at the end of his period of office.

(2) A member appointed by the Council shall hold office for such period as may be determined by the Council.

(3) Subject to sub-paragraph (1)(b) of this paragraph, a person shall not be prevented from being a member merely because he has previously been a member.

(4) Any member may at any time resign his office by giving notice in writing to the Council.

(5) If a conditions of practice order or a suspension order is made with respect to a member, he shall cease to be a member on the date on which the order has effect.

Annotations:

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Amendments (Textual)

F6 Sch. 1B (paras. 1-6) inserted (prosp.) by 1997 c. 19, ss. 1, 2, Sch. para. 4 (with s. 1)

Procedure E+W+S

F7 4 (1) In any case, the functions of the Committee shall be performed by three members, of whom— E+W+S

(a) one shall be the chairman or (if the chairman is not available) the deputy chairman, and

(b) the other two shall be selected by the chairman or (as the case may be) the deputy chairman from the members appointed by the Council.

(2) At least one of the members selected by the chairman or deputy chairman shall be a registered pharmaceutical chemist.

(3) The Committee may act by a majority of the members performing its functions in any case.

Annotations:

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Amendments (Textual)

F7 Sch. 1B (paras. 1-6) inserted (prosp.) by 1997 c. 19, ss. 1, 2, Sch. para. 4 (with s. 1)

Expenses E+W+S

F8 5 The Council may pay to any member such expenses and fees as they consider appropriate in connection with the performance of any functions of the Committee. E+W+S

Annotations:

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Amendments (Textual)

F8 Sch. 1B (paras. 1-6) inserted (prosp.) by 1997 c. 19, ss. 1, 2, Sch. para. 4 (with s. 1)

Legal assessors E+W+S

F9 6 (1) The Council shall appoint persons to be legal assessors. E+W+S

(2) The legal assessors shall have the function of giving advice to the Committee on questions of law arising in connection with any matter which the Committee is considering.

(3) To be qualified for appointment under this paragraph as a legal assessor, a person must—

(a) have a five year general qualification (within the meaning of section 71 of the M1 Courts and Legal Services Act 1990), or

(b) be an advocate or solicitor in Scotland of at least five years’ standing.

(4) The Council may pay such fees, allowances and expenses to the legal assessors as they consider appropriate.

(5) If a legal assessor appointed under this paragraph is also a member of the Committee or the Statutory Committee, any payment made to him in his capacity as a legal assessor shall be in addition to any to which he is entitled as such a member.]

Annotations:

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Amendments (Textual)

F9 Sch. 1B (paras. 1-6) inserted (prosp.) by 1997 c. 19, ss. 1, 2, Sch. para. 4 (with s. 1)

Marginal Citations

M1 1990 c. 41.

Prospective

F10 SCHEDULE 1C E+W+S Appeal Tribunals

Annotations:

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Amendments (Textual)

F10 Sch. 1C (paras. 1-6) inserted (prosp.) by 1997 c. 19, ss. 1, 2, Sch. para. 4 (with s. 1)

Interpretation E+W+S

F11 1 In this Schedule— E+W+S

• “appeal tribunal” means an appeal tribunal established under section 13J of this Act, and

• “the panel” means the panel appointed under paragraph 3 of this Schedule.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F11 Sch. 1C (paras. 1-6) inserted (prosp.) by 1997 c. 19, ss. 1, 2, Sch. para. 4 (with s. 1)

Constitution E+W+S

F12 2 An appeal tribunal shall consist of three members of the panel, of whom— E+W+S

(a) one shall be the chairman or (if the chairman is not available) the deputy chairman,

(b) one shall be a registered medical practitioner, and

(c) one shall be a registered pharmaceutical chemist.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F12 Sch. 1C (paras. 1-6) inserted (prosp.) by 1997 c. 19, ss. 1, 2, Sch. para. 4 (with s. 1)

Appeal tribunals panel E+W+S

F13 3 (1) There shall be a panel of persons eligible for membership of appeal tribunals, appointed by the Privy Council. E+W+S

(2) The panel shall consist of—

(a) a chairman and deputy chairman,

(b) two persons who, at the time of their appointment, are registered medical practitioners, and

(c) two persons who, at the time of their appointment, are registered pharmaceutical chemists.

(3) A person shall not be appointed a member of the panel if—

(a) he is a member of the Council or the Statutory Committee,

(b) he holds any office in the Society, or

(c) he is employed by, or provides any service to, the Society.

(4) A person shall be not be appointed as the chairman or deputy chairman unless—

(a) he is qualified for the appointment, and

(b) his appointment has been approved by the Lord Chancellor and the Lord Advocate.

(5) To be qualified for appointment as the chairman or deputy chairman, a person must—

(a) have a five year general qualification (within the meaning of section 71 of the M2 Courts and Legal Services Act 1990), or

(b) be an advocate or solicitor in Scotland of at least five years’ standing.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F13 Sch. 1C (paras. 1-6) inserted (prosp.) by 1997 c. 19, ss. 1, 2, Sch. para. 4 (with s. 1)

Modifications etc. (not altering text)

C1 Sch. 1C para. 3; The functions of the Lord Advocate transferred (19.5.1999) to the Secretary of State and the property, rights and liabilities of the Lord Advocate in connection with such functions transferred to the Secretary of State for Scotland by S.I. 1999/678, art. 2(1), 3, Sch. (with saving in art. 7)

C2 Sch. 1C para. 3(4)(b); certain functions of the Secretary of State are to be treated as being exercisable in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 3, Sch. 1 para. 2.

Sch. 1C para. 3(4)(b): certain functions conferred on the Secretary of State to be exercisable (1.7.1999) by the Scottish Ministers instead of by the Secretary of State by S.I. 1999/1750, arts. 1(1), 2, Sch. 1

Marginal Citations

M2 1990 c. 41.

Term of office and resignation E+W+S

F14 4 (1) A member of the panel— E+W+S

(a) shall hold office for a period of five years, and

(b) (unless he holds office by virtue of being re-appointed under this paragraph) shall be eligible for re-appointment at the end of his period of office.

(2) Subject to sub-paragraph (1)(b) of this paragraph, a person shall not be prevented from being a member of the panel merely because he has previously been a member.

(3) Any member of the panel may at any time resign his office by giving notice in writing to the Privy Council.

(4) If a conditions of practice order or a suspension order is made with respect to a member of the panel, he shall cease to be a member on the date on which the order has effect.

(5) The Privy Council may remove any member of the panel from office for inability to perform his duties or for misbehaviour.

Annotations:

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Amendments (Textual)

F14 Sch. 1C (paras. 1-6) inserted (prosp.) by 1997 c. 19, ss. 1, 2, Sch. para. 4 (with s. 1)

Clerks of tribunals E+W+S

F15 5 The chairman or deputy chairman may appoint a person approved by the other members of an appeal tribunal to act as clerk of the tribunal. E+W+S

Annotations:

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Amendments (Textual)

F15 Sch. 1C (paras. 1-6) inserted (prosp.) by 1997 c. 19, ss. 1, 2, Sch. para. 4 (with s. 1)

Expenses E+W+S

F16 6 Any expenses reasonably incurred by an appeal tribunal, including any incurred in connection with the appointment of a clerk, shall be met by the Council. E+W+S

Annotations:

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Amendments (Textual)

F16 Sch. 1C (paras. 1-6) inserted (prosp.) by 1997 c. 19, ss. 1, 2, Sch. para. 4 (with s. 1)

F17 SECOND SCHEDULE E+W+S

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

Annotations:

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Amendments (Textual)

F17 Sch. 2 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.XII.

F18 THIRD SCHEDULE E+W+S

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

Annotations:

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Amendments (Textual)

F18 Sch. 3 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.XII.

F19 F19 FOURTH SCHEDULE E+W+S

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F19 S. 25(2), Sch. 4 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19