SCHEDULE 1AMENDMENTS, REPEALS AND REVOCATIONS

PART 1Primary legislation

Repeal of the Pharmacy Act 19541

The Pharmacy Act 195431 is repealed.

Amendment of the Medicines Act 19682

1

The Medicines Act 196832 is amended as follows.

2

In section 4033 (medicated animal feeding stuffs), in subsection (12), for the definition of “the registrar” substitute the following definition—

  • “the registrar” means the person appointed under article 9(1) of the Pharmacists and Pharmacy Technicians Order 2007 as Registrar for the purposes of that Order.

3

In section 5734 (power to extend or modify exemptions), in subsection (2D), for the definition of “the registrar” substitute the following definition—

  • “the registrar” means the person appointed under article 9(1) of the Pharmacists and Pharmacy Technicians Order 2007 as Registrar for the purposes of that Order.

4

In section 6935 (general provisions for Part 4), in subsection (3)—

a

in the definition of “the registrar”, for “appointed under section 1 of the Pharmacy Act 1954 as registrar for the purposes of that Act,” substitute “appointed under article 9(1) of the Pharmacists and Pharmacy Technicians Order 2007 as Registrar for the purposes of that Order,”;

b

after the definition of “the registrar” insert the following definitions—

  • “the relevant disciplinary committee” means—

    1. a

      in relation to Great Britain, the Disciplinary Committee established under article 7(1)(b) of the Pharmacists and Pharmacy Technicians Order 2007; and

    2. b

      in relation to Northern Ireland, the Statutory Committee appointed under Article 19 of the Pharmacy (Northern Ireland) Order 197636;

  • “relevant European State” means either an EEA State other than the United Kingdom or Switzerland.

c

omit the definition of “the Statutory Committee”.

5

In section 7037 (business carried on by individual pharmacist or by partners), as it has effect before its substitution by section 27 of the Health Act 2006—

a

in subsection (1) for “section 4A of the Pharmacy Act 1954 (qualification by European diploma), or any corresponding provision applying to Northern Ireland,” substitute “a qualification in pharmacy awarded in a relevant European State,”; and

b

in subsection (3), for “the Pharmacy Act 1954” substitute “Part 2 of the Pharmacists and Pharmacy Technicians Order 2007”.

6

In section 70, as it has effect after its substitution by section 27 of the Health Act 2006—

a

in subsection (3)(b), for “the Pharmacy Act 1954” substitute “Part 2 of the Pharmacists and Pharmacy Technicians Order 2007”; and

b

in subsection (5) for “section 4A of the Pharmacy Act 1954 (qualification by European diploma), or any corresponding provision applying to Northern Ireland” substitute “a qualification in pharmacy awarded in a relevant European State”.

7

In section 7138 (bodies corporate) as it has effect before its substitution by section 28 of the Health Act 2006, in subsection (1), for “section 4A of the Pharmacy Act 1954, or any corresponding provision applying to Northern Ireland,” substitute “a qualification in pharmacy awarded in a relevant European State,”.

8

In section 71 (business carried on by a body corporate) as it has effect after its substitution by section 28 of the Health Act 2006—

a

in subsection (3)(b), for “the Pharmacy Act 1954” substitute “Part 2 of the Pharmacists and Pharmacy Technicians Order 2007”; and

b

in subsection (5) for “section 4A of the Pharmacy Act 1954 (qualification by European diploma), or any corresponding provision applying to Northern Ireland” substitute “a qualification in pharmacy awarded in a relevant European State”.

9

In section 72 (representative of pharmacist in case of death or disability)—

a

in subsection (2B)39, for “the Pharmacy Act 1954” substitute “Part 2 of the Pharmacists and Pharmacy Technicians Order 2007”; and

b

in subsection (3)40, for “the Statutory Committee” substitute “the relevant disciplinary committee”.

10

In section 72B41 (section 72A: supplementary), in subsection (1)—

a

for “section 8 of the Pharmacy Act 1954” substitute “article 48(1)(a) of the Pharmacists and Pharmacy Technicians Order 2007”, and

b

for “Statutory Committee” substitute “the relevant disciplinary committee”.

11

In section 7842 (restrictions on use of titles, descriptions and emblems), in subsection (5), for “not a pharmacist” substitute “neither a pharmacist nor registered in Part 2 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”.

12

In section 8043 (power for Statutory Committee to disqualify and direct removal from register)—

a

in subsections (1) (twice), (2) (twice), (3) and (4) (twice), for “the Statutory Committee” substitute “the relevant disciplinary committee”; and

b

in subsection (5), after “the Pharmacy Act 1954,” insert “the Pharmacists and Pharmacy Technicians Order 2007,”,

and in the heading of that section, for “Statutory Committee” substitute “relevant disciplinary committee”.

13

In section 81 (grounds for disqualification in certain cases), in subsection (1)—

a

for “the Statutory Committee” substitute “the relevant disciplinary committee”; and

b

for “the Committee” (twice) substitute “the committee”.

14

In section 8244 (procedure relating to disqualification), in subsections (1) and (5), for “the Statutory Committee” substitute “the relevant disciplinary committee”.

15

In section 8345 (revocation of disqualification)—

a

in subsections (1) and (2), for “the Statutory Committee” substitute “the relevant disciplinary committee”; and

b

in subsection (2), for “the Committee” substitute “the committee”.

16

In section 13246 (general interpretation provisions), in subsection (1), in the definition of “pharmacist” for “the register of pharmaceutical chemists established in pursuance of the Pharmacy Act 1852 and maintained in pursuance of section 2(1) of the Pharmacy Act 1954,” substitute “Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007,”.

Amendment of the Poisons Act 19723

1

The Poisons Act 197247 is amended as follows.

2

In section 948 (inspection and enforcement)—

a

in subsection (1)—

i

in paragraph (a), for “subsections (2) and (3) of section 20 of the Pharmacy Act 1954 (offences relating to certificates)” substitute “articles 20 and 29 of the Pharmacists and Pharmacy Technicians Order 2007 (offences relating to the Register of Pharmacists and the Register of Pharmacy Technicians)”, and

ii

for “such number of inspectors as the Privy Council may direct” substitute “inspectors”;

b

in subsection (2), omit “, and every such appointment shall be subject to the approval of the Privy Council”;

c

in subsection (3) omit “with the approval of the Privy Council”; and

d

in subsection (4)(a), for the words “subsections (2) and (3) of section 20 of the Pharmacy Act 1954” substitute “articles 20 and 29 of the Pharmacists and Pharmacy Technicians Order 2007”.

3

In section 1149 (interpretation), in subsection (2), for the definition of “pharmacist” substitute the following definition—

  • “pharmacist” means a person registered in Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007;

Amendment of the National Health Service (Scotland) Act 19784

1

The National Health Service (Scotland) Act 197850 is amended as follows.

2

In section 2751 (arrangements for the provision of pharmaceutical services), in subsection (4)(ba), for “under the Pharmacy Act 1954 by virtue of section 4A of that Act (qualification by European diploma)” substitute “in the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007 by virtue of a qualification in pharmacy awarded in an EEA State other than the United Kingdom, or in Switzerland,”

3

In section 2852 (persons authorised to provide pharmaceutical services), after subsection (2B) insert the following subsection—

2C

Where—

a

arrangements have been made under this Part with a registered pharmacist; and

b

his registration is suspended by virtue of any direction or order under the Pharmacists and Pharmacy Technicians Order 2007,

he shall not provide any services under those arrangements during the period of the suspension.

4

In section 10853 (interpretation and construction), for the definition of “registered pharmacist” substitute the following definition—

  • “registered pharmacist” means a pharmacist registered in Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007;

Amendment of the Value Added Tax Act 19945

1

The Value Added Tax Act 199454 is amended as follows.

2

In Part 2 of Schedule 8 (zero rating – the Groups: drugs, medicines, aids for the handicapped), in item 1 in Group 12, for “the register of pharmaceutical chemists kept under the Pharmacy Act 1954 or” substitute “the Register of Pharmacists maintained under the Pharmacists and Pharmacy Technicians Order 2007 or in the register of pharmaceutical chemists kept under”.

3

In Part 2 of Schedule 9 (exemptions – the Groups: health and welfare), in item 3 in Group 7, for “the register of pharmaceutical chemists kept under the Pharmacy Act 1954 or” substitute “the Register of Pharmacists maintained under the Pharmacists and Pharmacy Technicians Order 2007 or in the register of pharmaceutical chemists kept under”.

Repeal of the Pharmacists (Fitness to Practise) Act 19976

The Pharmacists (Fitness to Practise) Act 199755 is repealed.

Amendment of the Data Protection Act 19987

In section 69 of the Data Protection Act 199856 (meaning of “health professional”), in subsection (1)(d), for “a registered pharmaceutical chemist as defined by section 24(1) of the Pharmacy Act 1954” substitute “a registered pharmacist or registered pharmacy technician within the meaning of the Pharmacists and Pharmacy Technicians Order 2007”.

Amendment of the National Health Service Reform and Health Care Professions Act 20028

1

The National Health Service Reform and Health Care Professions Act 200257 is amended as follows.

2

In section 26 (powers and duties of the Council for the Regulation of Health Care Professionals: general), in subsection (5)—

a

for “or an officer or committee of the Society”, where it first appears, substitute “a member of its staff or one of its committees”;

b

for paragraph (a) substitute the following paragraph—

a

conferred on the Society (or its Council, a member of its staff or one of its committees) by or by virtue of the Pharmacists and Pharmacy Technicians Order 2007,

c

in paragraph (b), for “an Order in Council” substitute “another Order in Council”; and

d

for paragraph (c) substitute the following paragraph—

c

otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the professions regulated by the Pharmacists and Pharmacy Technicians Order 2007.

3

In section 2958 (references of disciplinary cases by Council to court), in subsection (1), for paragraph (a) substitute the following paragraph—

a

a direction of the Disciplinary Committee of the Royal Pharmaceutical Society of Great Britain under article 52 of the Pharmacists and Pharmacy Technicians Order 2007 (which gives the Disciplinary Committee powers to direct suspension of registration, the attachment of conditions to registration or removal from the registers) or section 80 of the Medicines Act 1968 (power to disqualify and direct removal from register),

Amendment of the Income Tax (Earnings and Pensions) Act 20039

In section 343 of the Income Tax (Earnings and Pensions) Act 200359 (deduction for professional membership fees), in the Table in subsection (2), in paragraph 1 (health professionals) for sub-paragraph (l) substitute the following sub-paragraphs—

l

the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007,

m

the Register of Pharmacy Technicians maintained under 21(1) of the Pharmacists and Pharmacy Technicians Order 2007,

n

the register of pharmaceutical chemists kept under Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976.

Amendment of the National Health Service Act 200610

1

The National Health Service Act 200660 is amended as follows.

2

In section 129 (regulations as to pharmaceutical services), in subsection (6)(c), for “under the Pharmacy Act 1954 (c. 61) by virtue of section 4A of that Act (qualification by European diploma)” substitute “in the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007 by virtue of a qualification in pharmacy awarded in an EEA State other than the United Kingdom, or in Switzerland,”.

3

In section 132 (persons authorised to provide pharmaceutical services)—

a

in subsection (8), for paragraph (b) substitute the following paragraph—

b

his registration is suspended by virtue of any direction or order under the Pharmacists and Pharmacy Technicians Order 2007,

b

omit subsection (9).

4

In section 275 (interpretation), in subsection (1), for the definition of “registered pharmacist” substitute the following definition—

  • “registered pharmacist” means a pharmacist registered in Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007;

Amendment of the National Health Service (Wales) Act 200611

1

The National Health Service (Wales) Act 200661 is amended as follows.

2

In section 83 (regulations as to pharmaceutical services), in subsection (6)(c), for “under the Pharmacy Act 1954 (c. 61) by virtue of section 4A of that Act (qualification by European diploma)” substitute “in the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007 by virtue of a qualification in pharmacy awarded in an EEA State other than the United Kingdom, or in Switzerland,”.

3

In section 86 (persons authorised to provide pharmaceutical services)—

a

in subsection (8), for paragraph (b) substitute the following paragraph—

b

his registration is suspended by virtue of any direction or order under the Pharmacists and Pharmacy Technicians Order 2007,

b

omit subsection (9).

4

In section 206 (interpretation), in subsection (1), for the definition of “registered pharmacist” substitute the following definition—

  • “registered pharmacist” means a pharmacist registered in Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007;