The Pharmacy Order 2010 No. 231

PART 2 E+W+S The Council and its Committees

The Council and its Committees E+W+S

4.—(1) There is to be a body corporate known as the General Pharmaceutical Council (“the Council”).

(2) The Council is to be constituted as provided for by an order of the Privy Council made under this article subject to the provisions of Schedule 1 to this Order.

(3) The principal functions of the Council are—

(a) to establish and maintain a register of pharmacists, pharmacy technicians and premises at which a retail pharmacy business is, or is to be, carried on;

(b) to set and promote standards for the safe and effective practice of pharmacy at registered pharmacies;

(c) to set requirements by reference to which registrants must demonstrate that their fitness to practise is not impaired;

(d) to promote the safe and effective practice of pharmacy by registrants (including, for example, by reference to any code of conduct for, and ethics relating to, pharmacy);

(e) to set standards and requirements in respect of the education, training, acquisition of experience and continuing professional development that it is necessary for pharmacists and pharmacy technicians to achieve in order to be entered in the Register or to receive an annotation in the Register and to maintain competence; and

(f) to ensure the continued fitness to practise of registrants.

(4) The Council has the functions conferred on it by this Order and such other functions as may be conferred on it by the Privy Council by order.

(5) Before making an order under paragraph (4), the Privy Council must consult the Council.

(6) The Council must have the following committees—

(a) the Investigating Committee;

(b) the Fitness to Practise Committee; and

(c) the Appeals Committee,

and each of those committees has the functions assigned to it by or under this Order.

(7) The Council may establish such other committees as it considers appropriate in connection with the discharge of its functions and may delegate any of its functions to them, except any power to make rules.

(8) Schedule 1 makes further provision about the Council, its committees, its staff, its publications and its accounts.

Commencement Information

I1 Art. 4(1)(2)(3)(b)(5)(8) in force at 11.2.2010 in so far as not already in force, see art. 1(2)(b)

I2 Art. 4 in force at 10.2.2010 for specified purposes, see art. 1(3)

I3 Art. 4(3)(a), (c)-(f), (4)(6)(7) in force at 27.9.2010 in so far as not already in force by S.I. 2010/1621, art. 2(1), Sch.

Standards and requirements: consultation and review E+W+S

5.—(1) Before setting any standards or requirements under this Order, the Council must consult such persons as it considers appropriate including, where it considers appropriate, persons appearing to it to represent—

(a) registrants;

(b) employers of registrants;

(c) professional bodies or organisations appearing to the Council to represent registrants;

(d) users of the services of registrants;

(e) persons or bodies commissioning or funding the services provided by registrants or at registered pharmacies;

(f) persons carrying on a retail pharmacy business at a registered pharmacy; and

(g) persons or bodies providing, assessing, regulating or funding education and training for registrants or prospective registrants.

[F1 (1A) Before setting any standards under this Order, the Council must consult the Scottish Ministers, the Welsh Ministers and the Secretary of State for Health.]

(2) The Council must keep the standards and requirements set under this Order under review and may vary or withdraw any of those standards and requirements whenever it considers it appropriate to do so.

(3) Paragraph (1) applies to the variation or withdrawal of standards or requirements as it applies to the setting of standards or requirements.

Textual Amendments

F1 Art. 5(1A) inserted (24.5.2018) by The Pharmacy (Premises Standards, Information Obligations, etc.) Order 2016 (S.I. 2016/372), arts. 1(3), 18; S.I. 2018/512, art. 2(1)(b)

Commencement Information

I4 Art. 5 in force at 10.2.2010 for specified purposes, see art. 1(3)

I5 Art. 5 in force at 27.9.2010 in so far as not already in force by S.I. 2010/1621, art. 2(1), Sch.

The Council’s general duties E+W+S

6.— [F2 (1) The over-arching objective of the Council in exercising its functions is the protection of the public.

(1A) The pursuit by the Council of its over-arching objective involves the pursuit of the following objectives—

(a) to protect, promote and maintain the health, safety and well-being of the public;

(b) to promote and maintain public confidence in the professions regulated under this Order;

(c) to promote and maintain proper professional standards and conduct for members of those professions; and

(d) to promote and maintain proper standards in relation to the carrying on of retail pharmacy businesses at registered pharmacies.]

(2) In exercising its functions, the Council (including its staff and committees) must—

(a) have proper regard to—

(i) the interests of persons using or needing the services of registrants in Great Britain,

(ii) the interests of all registrants and prospective registrants, and any differing interests of registered pharmacists and registered pharmacy technicians or groups within those professions, and

(iii) the interests of persons carrying on a retail pharmacy business at a registered pharmacy; and

(b) co-operate, in so far as is appropriate and reasonably practicable, with persons concerned with—

(i) the employment (whether or not that employment is under a contract of service) of registrants,

(ii) the education or training of registrants, prospective registrants or other health or social care professionals,

(iii) the regulation of, or the co-ordination of the regulation of, other health or social care professionals,

(iv) the regulation of health services, and

(v) the provision, supervision or management of health services.

(3) In carrying out its duty to co-operate under paragraph (2)(b), the Council must have regard to any differing considerations relating to practising as a pharmacist or as a pharmacy technician which apply in England, Scotland or Wales.

(4) In paragraph (2), “other health care professionals” means persons regulated by a body, other than the Council, mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002(1).

Textual Amendments

F2 Art. 6(1)(1A) substituted for art. 6(1) (26.9.2016) by Health and Social Care (Safety and Quality) Act 2015 (c. 28), s. 6(4), Sch. para. 7(2); S.I. 2016/906, reg. 2(b)

Commencement Information

I6 Art. 6 in force at 10.2.2010 for specified purposes, see art. 1(3)

I7 Art. 6 in force at 27.9.2010 in so far as not already in force by S.I. 2010/1621, art. 2(1), Sch.

(1)

2002 c.17. Section 25(3) was amended by paragraph 17 of Schedule 10 to the Health and Social Care Act 2008 (c.14).