The Pharmacy (Preparation and Dispensing Errors – Hospital and Other Pharmacy Services) Order 2022

PART 1 General provisions

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Pharmacy (Preparation and Dispensing Errors – Hospital and Other Pharmacy Services) Order 2022.

(2) This Part comes into force on the twenty-eighth day after the day on which this Order is made.

(3) Parts 2 and 3 come into force on such days as the Privy Council may by order appoint.

(4) Different days may be appointed under paragraph (3) for different purposes.

(5) In this Order, “the 1968 Act” means the Medicines Act 1968(1).

Extent

2.—(1) Subject to paragraphs (2) and (3), this Order extends to England, Wales, Scotland and Northern Ireland.

(2) Article 10(1) extends to England, Wales and Scotland only.

(3) Article 10(2) extends to Northern Ireland only.

Transitional and saving provisions

3.—(1) In connection with the commencement of any provision of Part 2 or 3, the Privy Council may by order make such transitional or saving provisions as it considers appropriate.

(2) The power to make an order under paragraph (1) may be exercised—

(a) so as to make different provision—

(i) for different areas,

(ii) with respect to different cases or different classes of cases, and

(iii) in respect of the same case or class of case for different purposes;

(b) in relation to all cases to which the power extends or in relation to those cases subject to specified exceptions; and

(c) so as to make any supplementary, incidental or consequential provisions which the Privy Council considers necessary or expedient.

Privy Council procedures and legislative procedures

4.—(1) Any power vested in the Privy Council to make an order under this Part may be exercised by any two or more members of the Privy Council.

(2) Any power of the Privy Council to make an order under this Part is exercisable by statutory instrument, and for the purposes of section 1 of the Statutory Instruments Act 1946(2) (definition of “Statutory Instrument”), any power of the Privy Council to make an order under this Part is to be taken to be conferred by an Act of Parliament.

(3) An order made (wholly or partly) under article 3(1) is subject to annulment by resolution of either House of Parliament.

(4) Before making an order under article 1(3) that commences an amendment of the 1968 Act as it applies in Northern Ireland, or article 10(2), the Privy Council must obtain the agreement of the Department of Health in Northern Ireland to the making of the order.

(5) Any act of the Privy Council under this Part is sufficiently signified by an instrument signed by the Clerk of the Privy Council.

(6) Where an order of the Privy Council under this Part is signified by an instrument purporting to be signed by the Clerk of the Privy Council, that is evidence and in Scotland sufficient evidence of—

(a) the fact that the order was duly made; and

(b) the order’s terms.

(1)

1968 c. 67.

(2)

1946 c. 36. Section 1 was amended by the Government of Wales Act 1998 (c. 38), Schedule 12, paragraph 2, and the Government of Wales Act 2006 (c. 32), Schedule 10, paragraphs 1 and 2.