The Pharmacists and Pharmacy Technicians Order 2007
| Jurisdiction | UK Non-devolved |
2007 No. 289
HEALTH CARE AND ASSOCIATED PROFESSIONSPHARMACISTS
The Pharmacists and Pharmacy Technicians Order 2007
Made 7th February 2007
Coming into force in accordance with article 1(2) and (3)
At the Court at Buckingham Palace, the 7th day of February 2007
Present,
The Queen’s Most Excellent Majesty in Council
This Order in Council is made in exercise of the powers conferred by sections 60 and 62(4) of, and Schedule 3 to, the Health Act 19991.
The Secretary of State published a draft Order and invited representations as required by paragraph 9(1) of Schedule 3 to that Act.
The period of three months mentioned in paragraph 9(2) of that Schedule expired before a draft of this Order in Council was laid before Parliament.
A draft of this Order in Council has been approved by resolution of each House of Parliament, in accordance with section 62(9) of that Act.
Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to make the following Order in Council:
PART 1
Preliminary
Citation and commencement
1.—(1) This Order may be cited as the Pharmacists and Pharmacy Technicians Order 2007.
(2) As regards commencement—
(a)
(a) this article, article 2 and article 68 shall come into force on the making of this Order;
(b)
(b) the provisions of this Order, other than article 68, which confer powers enabling—
(i) rules to be made by the Council, or
(ii) orders to be made by the Privy Council,
shall come into force on the making of this Order, but for the purpose only of the exercise of those powers; and
(c)
(c) otherwise, the provisions of this Order shall come into force on such days as the Secretary of State may specify.
(3) Different days may be specified under paragraph (2)(c) above for different purposes, and any day so specified shall be caused to be notified in the London, Edinburgh and Belfast Gazettes published not later than one week before that day.
Extent
2.—(1) Subject to paragraphs (2) and (3), this Order extends to Great Britain.
(2) The following provisions—
(a)
(a) Part 3;
(b)
(b) Parts 4 to 6 in so far as they relate to registered pharmacy technicians or applicants for restoration to the Register of Pharmacy Technicians; and
(c)
(c) Part 2 of Schedule 2,
extend only to England and Wales.
(3) The extent of any amendment, revocation or repeal of any enactment or instrument set out in Schedule 1 is the same as that of the enactment or instrument amended, revoked or repealed.
Interpretation
3.—(1) In this Order—
“the 1954 Act” means the Pharmacy Act 19542, as in force immediately before article 1 comes into force;
“annotation” means an annotation in one of the Society’s registers;
“Appointments Commission” means the Appointments Commission established under section 57 of the Health Act 20063(the Appointments Commission);
“assessment team” means a team of persons that has the functions of an assessment team by virtue of rules under article 53;
“the Charter” means the Charter granted to the Society on 7th December 2004, as amended from time to time;
“the Council” means the Council of the Society;
“enactment” includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament;
“European mutual recognition area” means the territory of the EEA States and Switzerland;
“exempt person” means—
(a) a national of a relevant European State other than the United Kingdom;
(b) a national of the United Kingdom who is seeking access to the profession of pharmacists or pharmacy technicians by virtue of an enforceable Community right; or
(c) a person who is not a national of a relevant European State but who is, by virtue of an enforceable Community right, entitled to be treated, for the purposes of access to the profession of pharmacists or pharmacy technicians, no less favourably than a national of a relevant European State;
“fitness to practise committee” means the Investigating Committee, the Disciplinary Committee or the Health Committee;
“individual assessor” means a person who has the functions of an individual professional performance assessor by virtue of rules under article 53;
“the Pharmacy Acts” means the Pharmacy Act 18524, the Pharmacy Act 18685, the Poisons and Pharmacy Act 19086, the Pharmacy and Poisons Act 19337and the 1954 Act;
“the Pharmacy Qualifications Directive” means Council Directive 85/433/EECconcerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy8, as amended9;
“prescribed” means prescribed by the Council in rules under this Order, and “prescribes” shall be construed accordingly;
“the register” means, unless the context otherwise requires, as respects any registrant—
(a) the one of the Society’s registers in which he is registered; or
(b) if he is registered in both of the Society’s registers, both registers;
“the register of pharmaceutical chemists for Northern Ireland” means the register of pharmaceutical chemists maintained under Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 197610;
“registered pharmacist” means a person who is registered in the Register of Pharmacists;
“registered pharmacy technician” means a person who is registered in the Register of Pharmacy Technicians;
“registrant” means a registered pharmacist or a registered pharmacy technician;
“Registrar” shall, except where used in the expression “Registrar General”, be construed in accordance with article 9(1) and (5);
“Registrar General” means—
(a) the Registrar General for England and Wales appointed under section 1 of the Registration Service Act 195311(Registrar General); or
(b) the Registrar General for Scotland appointed under section 1(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 196512(the Registrar General);
“regulatory body” means a regulatory body which has the function of authorising persons to practise as a member of a health or social care profession;
“relevant European State” means an EEA State or Switzerland;
“the Second General System Directive” means Council Directive 92/51/EECon a second general system for the recognition of professional education and training13, as amended14;
“the Second General System Regulations” means the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 200215;
“the Society” means the Royal Pharmaceutical Society of Great Britain;
“the Society’s registers” means the Register of Pharmacists and the Register of Pharmacy Technicians; and
“statutory committees” means the committees listed in article 7(1)(a) to (f).
(2) For the purposes of this Order, a person practises as a pharmacist or a pharmacy technician if, whilst acting in the capacity of or holding himself out as a pharmacist or a pharmacy technician, he undertakes any work or gives any advice in relation to the dispensing or use of medicines, the science of medicines, the practice of pharmacy or the provision of health care.
The Society’s general duties
4.—(1) The main objective of the Society (including its Council, its staff and its committees) in exercising such of the Society’s functions as affect the health and safety of members of the public is to protect, promote and maintain their health and safety.
(2) In exercising its functions, the Society (including its Council, its staff and its committees) shall—
(a)
(a) have proper regard to the interests of—
(i) persons using or needing the services of registered pharmacists in Great Britain,
(ii) persons using or needing the services of registered pharmacy technicians in England and Wales, and
(iii) all registrants and prospective registrants, and to any differing interests of registered pharmacists and registered pharmacy technicians or groups within those professions; and
(b)
(b) co-operate, in so far as is appropriate and reasonably practicable, with public authorities or other bodies or persons concerned with—
(i) the employment (whether or not under a contract of service) of registrants,
(ii) the education or training of registrants, prospective registrants or other health care professionals,
(iii) the regulation of, or the co-ordination of the regulation of, other health or social care professions, and
(iv) the regulation of, or carrying out activities in connection with the regulation of, health services.
(3) In carrying out its duty to co-operate under paragraph (2)(b), the Society shall have regard to any differing considerations in relation to practising as—
(a)
(a) a pharmacist which apply in England, Scotland or Wales; or
(b)
(b) a pharmacy technician which apply in England or Wales.
The Council
5.—(1) The Privy Council may by order vary the size and composition of the Council (in addition to its powers to do so under the Charter16), provided that—
(a)
(a) the number of members of the Council who are registered pharmacists constitutes a majority of the total number of members of the Council; and
(b)
(b) the total number of members of the Council does not exceed 35.
(2) In exercising its function of appointing persons to the Council17, the Privy Council shall ensure that, at any time, at least one of the persons on the Council appointed by it lives or works wholly or mainly in each of England, Scotland and Wales.
(3) The Council shall make regulations under the Charter18in respect of the suspension or removal from office of its members, and those regulations shall in particular provide for—
(a)
(a) a member of the Council who is a registered pharmacist to be removed from office forthwith if he ceases to be registered in Part 1 of the Register of Pharmacists; and
(b)
(b) a member of the Council who is a registered pharmacy technician to be removed from office forthwith if he ceases to be registered in Part 1 of the Register of Pharmacy Technicians.
(4) The Council shall—
(a)
(a) establish and maintain a system for the declaration and...
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