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The General Pharmaceutical Council (Transfer of Property, Rights and Liabilities, Fees and Grants) Order of Council 2010

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PART 1Introductory

Citation, commencement and interpretation

1.—(1) This Order may be cited as the General Pharmaceutical Council (Transfer of Property, Rights and Liabilities, Fees and Grants) Order of Council 2010 and comes into force on 27th September 2010.

(2) In this Order —

the Order” means the Pharmacy Order 2010;

“regulatory activity”, in relation to the Society, means any activity undertaken by the Society in respect of its statutory functions under the 2007 Order, Parts 3 and 4 of the Medicines Act 1968(1), the Poisons Act 1972(2) and the Poisons Rules(3) or under the provisions of any other enactment which confers a regulatory function on the Society;

“relevant staff” means individuals who are employed or engaged by the Society in connection with its regulatory activity immediately before the transfer date;

“relevant UK regulatory body” means—

(a)

a regulatory body within the meaning of article 3(1) of the Order;

(b)

Her Majesty’s Inspector of Prisons;

(c)

the Medicines and Healthcare Products Regulatory Agency; and

(d)

the NHS Counter Fraud and Security Management Division of the NHS Business Services Authority; and

“the transfer date” is 27th September 2010 being the date on which the regulatory activity of the Society is to be transferred to the Council under the Order.

Transfer of property, rights and liabilities

2.—(1) Subject to article 3, the property, rights and liabilities of the Society specified in Schedule 1 are to be transferred, on the transfer date, to the Council.

(2) The rights and liabilities referred to in paragraph (1) include the rights and liabilities relating to any relevant staff whose names are contained in the list compiled by the Society and certified by the Privy Council of staff whose employment with the Society is to transfer to the Council on the transfer date.

(3) The liabilities referred to in paragraph (2) comprise—

(a)all salaries, wages and emoluments;

(b)all statutory contributions;

(c)all income tax deductible under PAYE;

(d)all employer’s contributions; and

(e)any other employment costs.

Liabilities not transferring

3.  The following liabilities of the Society do not transfer to the Council on the transfer date—

(a)any liability in tort in respect of any claim for damages for death or personal injury caused or alleged to have been caused before the transfer date;

(b)any liability in respect of which the Secretary of State has given an indemnity to the Council; and

(c)any liability arising in respect of the Royal Pharmaceutical Society of Great Britain Staff Pension Scheme.

Fees

4.  The amount of money which is to be transferred from the Society to the Council on the transfer date in respect of a proportion of the regulatory fees collected by the Society in respect of persons entered in the 2007 registers and registered pharmacies entered in the premises register(4) for the year 2010 is £4,130,000.00.

Grants

5.  Schedule 2 makes provision in respect of the amount of money which is to be transferred from the Society to the Council on the transfer date in respect of the remainder of the grants specified in that Schedule which have been made by the Department of Health to the Society in connection with the establishment of the Council.

Supplementary provisions

6.—(1) Anything done by or in relation to the Society for the purposes of, or otherwise in connection with the property, rights or liabilities transferred under this Order is to have effect as if done by or in relation to the Council.

(2) Anything (which may include legal proceedings) which, when this Order takes effect, is in the process of being done by or in relation to the Society in connection with any of the property, rights or liabilities transferred under this Order is to have effect as if done by or in relation to, and may be continued by or in relation to, the Council.

(3) Any reference to the Society in any agreement (whether written or not), instrument or other document in connection with any property, rights or liabilities transferred under this Order, is to be treated as a reference to the Council.

(4) No right to terminate or vary a contract, arrangement or instrument is to operate or become exercisable, and no provision of any contract, arrangement or instrument is to operate or become exercisable or be contravened, by reason of any transfer under or other operation of this Order.

(5) The transfers provided for by this Order are to be made—

(a)irrespective of any requirement for consent that would otherwise apply (whether arising under any enactment, instrument, agreement or otherwise); and

(b)whether or not they would otherwise be capable of being transferred.

(6) A certificate given by the Clerk of the Privy Council issued, following consultation with the Society and with the Council, as to the effect of this Order is to be conclusive for all purposes.

Judith Simpson

Clerk of the Privy Council

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