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The Pharmacists and Pharmacy Technicians Order 2007
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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Order revoked by S.I. 2010/231 Sch. 4 para. 58
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. A1 A2 inserted by S.I. 2007/3101 reg. 97
- art .006(3) substituted by S.I. 2009/1182 Sch. 3 para. 4(b) (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
- art .006(1)(1A) substituted for art. 6(1) by S.I. 2009/1182 Sch. 3 para. 4(a) (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
- art .006(4) words inserted by S.I. 2009/1182 Sch. 3 para. 4(c) (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
- art .025(a) words substituted by S.I. 2009/1182 Sch. 3 para. 10 (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
- art. 3(3) inserted by S.I. 2009/1182 Sch. 3 para. 2
- art. 4(2)(b)(iv)(v) substituted for art. 4(2)(b)(iv) by S.I. 2009/1182 Sch. 3 para. 3(b)
- art. 12(1)(c)(ii)(aa) words inserted by S.I. 2007/3101 reg. 75(a)(iii)(bb)
- art. 12(1)(ba) inserted by S.I. 2007/3101 reg. 75(a)(ii)
- art. 12(1A) inserted by S.I. 2007/3101 reg. 75(b)
- art. 17(1)(b)(ia) inserted by S.I. 2007/3101 reg. 78(a)(ii)
- art. 17(4)-(10) substituted for art. 17(4)-(6) by S.I. 2007/3101 reg. 78(b)
- art. 18A inserted by S.I. 2007/3101 reg. 80
- art. 19A 19B inserted by S.I. 2009/1182 Sch. 3 para. 6
- art. 28(1)(b)(ia) inserted by S.I. 2007/3101 reg. 86(b) (This amendment comes into force on the day S.I. 2007/289, art. 21 comes into force. That provision came into force on 1.7.2009 as notified in the Gazettes dated 19.6.2009 (see S.I. 2007/289, arts. 1(2)(c) and (3)))
- art. 28A 28B inserted by S.I. 2007/3101 reg. 87 (This amendment comes into force on the day S.I. 2007/289, art. 21 comes into force. That provision came into force on 1.7.2009 as notified in the Gazettes dated 19.6.2009 (see S.I. 2007/289, arts. 1(2)(c) and (3)))
- art. 30(3)(f) inserted by S.I. 2009/1182 Sch. 3 para. 11(a)(iii)
- art. 30(6) inserted by S.I. 2009/1182 Sch. 3 para. 11(b)
- art. 33(2)(a)(iii) and word inserted by S.I. 2007/3101 reg. 88(a)
- art. 39(2A)-(2D) inserted by S.I. 2007/3101 reg. 91(b)
- art. 40(1A) inserted by S.I. 2007/3101 reg. 92(b)
- art. 40(1A) words inserted by S.I. 2009/1182 Sch. 3 para. 14
- art. 42(1)(aa) inserted by S.I. 2007/3101 reg. 93(c)
- art. 42(1)(ea) inserted by S.I. 2007/3101 reg. 93(g) (This amendment comes into force on the day S.I. 2007/289, art. 21 comes into force. That provision came into force on 1.7.2009 as notified in the Gazettes dated 19.6.2009 (see S.I. 2007/289, arts. 1(2)(c) and (3)))
- art. 42(1)(fa) inserted by S.I. 2007/3101 reg. 93(h) (This amendment comes into force on the day S.I. 2007/289, art. 21 comes into force. That provision came into force on 1.7.2009 as notified in the Gazettes dated 19.6.2009 (see S.I. 2007/289, arts. 1(2)(c) and (3)))
- art. 42(1)(za) inserted by S.I. 2007/3101 reg. 93(a)
- art. 48(1)(l)(m) inserted by S.I. 2009/1182 Sch. 3 para. 18 (This effect comes into force on the coming into force of s. 44(1) of the Safeguarding Vulnerable Groups Act 2006 (c. 47). S. 44(1) was repealed without ever being in force on 10.9.2012 by 2012 c. 9, s. 75(6), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2)
- art. 49(1A) inserted by S.I. 2009/1182 Sch. 3 para. 19(a)
- art. 64A inserted by S.I. 2007/3101 reg. 95
- art. 69(1A)(1B) inserted by S.I. 2009/1182 Sch. 3 para. 25(a) (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
Outstanding fitness to practise proceedingsE+W+S
10.—(1) Subject to the following provisions of this Order, where, as regards the registration of a person in the Register of Pharmacists, before the appointed day—
(a)a case of alleged misconduct has been referred by the Infringements Committee to the Statutory Committee—
(i)if a day has been appointed for holding an inquiry (including cases where an inquiry has been postponed or adjourned), the Statutory Committee (and its secretary and chairman) shall dispose of the case in accordance with the old rules and the 1954 Act, or
(ii)if a day has not been appointed for holding an inquiry, the Disciplinary Committee (and its secretary and chair) shall dispose of the case in accordance with the old rules and the 1954 Act,
but other allegations of misconduct that have been brought to the attention of the Society shall be dealt with in accordance with, and with rules under, Parts 5 and 6 of this Order; or
(b)information about a conviction for a criminal offence has been submitted to the Chairman of the Statutory Committee by the Secretary of the Committee—
(i)if a day has been appointed for holding an inquiry (including cases where an inquiry has been postponed or adjourned), the Statutory Committee (and its secretary and chairman) shall dispose of the matter in accordance with the old rules and the 1954 Act, or
(ii)if a day has not been appointed for holding an inquiry, the Disciplinary Committee (and its secretary and chair) shall dispose of the case in accordance with the old rules and the 1954 Act,
but other information about a conviction for a criminal offence that has been brought to the attention of the Society shall be dealt with in accordance with, and with rules under, Parts 5 and 6 of this Order,
and any appeal shall be disposed of in accordance with sections 10 and 11 of the 1954 Act.
(2) Where, by virtue of sub-paragraph (1), the chair or the secretary of the Disciplinary Committee acquires functions with regard to a case, if the chairman or the secretary of the Statutory Committee has already taken steps with regard to that case, those steps shall, for the purposes of disposing of the case, be treated as steps taken by the chair or the secretary of the Disciplinary Committee.
(3) Where, by virtue of this Schedule—
(a)a case of alleged misconduct or in respect of a conviction for a criminal offence is before the Statutory Committee or the Disciplinary Committee; and
(b)the Statutory Committee or the Disciplinary Committee determines (whether or not it has already decided that the conviction or misconduct is proved) that the fitness to practise of the person who is the subject of the case may be impaired by reason of adverse physical or mental health,
the Committee may refer the matter to the Health Committee for it to dispose of the matter in accordance with, and with rules under, Parts 5 and 6 of this Order.
(4) Where a matter is referred to the Health Committee under sub-paragraph (3), the Health Committee shall deal with it in the same way as it would deal with a case referred to it by the Investigating Committee, except that its rules of procedure shall apply subject to such modifications as it considers appropriate to the circumstances of the case.
Commencement Information
I1Sch. 2 para. 10 in force at made date for specified purposes, see art. 1(2)(b)
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