The Pharmacy Order 2010 (Appeals – Transitional Provisions) Order of Council 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under article 69(3) and (4)(a) and (c) of the Pharmacy Order 2010 (S.I.2010/231) (“the Order”). It makes transitional provision in connection with the commencement of paragraphs 5 and 12 of Schedule 5 to the Order. Paragraphs 5 and 12 of Schedule 5 to the Order make provision for the continuation of proceedings by the General Pharmaceutical Council (“the Council”) which are pending before the Royal Pharmaceutical Society of Great Britain (“the Society”) or any of its committees immediately before the day appointed for the coming into force of the revocation of the Pharmacists and Pharmacy Technicians Order 2007 (S.I.2007/289) (“the 2007 Order”) which is 27th September 2010.

Article 1 provides for citation, commencement and interpretation.

Article 2 makes transitional provision which preserves the right of appeal against an appealable registration decision, within the meaning of article 42 of the 2007 Order, made by the Society or any of its committees before the appointed day in respect of which the 28 day time limit for appealing against that decision has not, immediately before the appointed day, expired. It provides that such appeals may be brought to the Appeals Committee of the Council established under article 4(6)(c) of the Order. Article 2 also makes provision for the relevant provisions of the 2007 Order to continue to have effect for these purposes.

Article 3 makes similar transitional provision to article 2 in respect of the right to appeal to the relevant court (which, for these purposes, is the county court or, in Scotland, the Court of Session) from a decision of the Registration Appeals Committee made, before the appointed day, in respect of an appealable registration decision in respect of which the 28 day time limit for appealing against the decision has not, immediately before the appointed day, expired. Article 3 also provides that the relevant provisions of the 2007 Order are to continue to have effect for these purposes.

Article 4 makes transitional provision which preserves the right to appeal against an appealable fitness to practise decision, within the meaning of article 56 of the 2007 Order, made by the Society or any of its committees before the appointed day in respect of which the 28 day time limit for appealing against that decision to the relevant court (which, for these purposes, is the High Court or, in Scotland, the Court of Session) has not, immediately before the appointed day, expired. Article 4 provides that such appeals may be brought to the relevant court. Article 4 also provides that the relevant provisions of the 2007 Order are to continue to have effect for these purposes.

Article 5 makes provision for anything done by or in relation to the Society before the appointed day in connection with its regulatory activity to be treated as being done by or in relation to the Council. Article 5 also makes provision for the commencement or continuation of statutory appeals and other legal proceedings against the Council in respect of any liability incurred by the Society before the appointed day in connection with the regulatory activity of the Society.