Pharmacy Act 1954 (repealed)

Textual Amendments applied to the whole legislation

F60 Act: power to modify conferred (15.3.2000) by 1999 c. 8, s. 60(1)(2)(a)(4), Sch. 3; S.I. 2000/779, art. 2(1)

Registration of pharmaceutical chemistsF60 E+W+S

1 Appointment of registrar and other officers. E+W+S

(1) The Council of the Pharmaceutical Society of Great Britain shall keep a fit and proper person appointed as registrar for the purposes of this Act, and may, for those purposes, appoint a deputy registrar and such clerks and other subordinate officers as the Council think fit.

(2) The Council may pay a suitable salary to any person appointed in pursuance of this section.

(3) The Council may terminate the appointment of any person so appointed.

2 The registers and registration. E+W+S

(1) It shall be the duty of the registrar—

(a) to maintain, in accordance with byelaws and the provisions of this Act, the Register of Pharmaceutical Chemists established in pursuance of the M1 Pharmacy Act 1852, which shall contain the names and addresses, and such other particulars (if any) as are prescribed, of all persons who in accordance with those provisions are entitled to have their names registered;

(b) to cause to be prepared, in such form as is for the time being prescribed, and to be printed, published and put on sale in every year, a list (to be known as “The Annual Register of Pharmaceutical Chemists”) of all names which were on the register on the last day of the preceding year.

(2) Subject to the provisions of this Act, a person shall be entitled to have his name registered if he—

(a) satisfies the registrar, or on appeal the Council, that, in accordance with provisions of [F1 section 3 or 4A of this Act] or of any byelaw made under section four of this Act, he is qualified to have his name registered; and

(b) pays to the Society such fee in respect of the registration as is prescribed;

and different fees may be prescribed in relation to registrations in pursuance of different provisions mentioned in paragraph (a) of this subsection.

[F2 (2A) If a person who applies to have his name registered is a national of an EEA State exercising an enforceable Community right or a person of the description mentioned in section 4A(1A) of this Act, the registrar shall, within the specified period, give the applicant notice—

(a) of his decision on the application; and

(b) if he is not satisfied as mentioned in subsection (2)(a) of this section of the reasons for his decision and of the applicant’s right to appeal to the Council against the decision.

(2B) Failure to give the notice required by subsection (2A) of this section, within the specified period shall be treated as a decision against which an applicant may appeal to the Council.

(2C) In subsections (2A) and (2B), “the specified period” means—

(a) the period of three months beginning with the date on which the registrar receives the application with full supporting documentation; or

(b) such longer period as is permitted by Article 12 of the Pharmacists Recognition Directive.]

(3) Every registered pharmaceutical chemist shall pay to the Society such fee as is prescribed in respect of the retention of his name on the register in any year or, in the case of a person whose name is first registered in or after the year in which this Act comes into operation (other than a person whose name has at any time been registered under the M2 Pharmacy Act 1868) in respect of such retention in any year subsequent to the year in which his name is first registered; and different fees may be prescribed for different classes of registered pharmaceutical chemists, and provision may be made by byelaws for exempting any class of registered pharmaceutical chemists from liability to pay any such fee.

Textual Amendments

F1 Words substituted by S.I. 1987/2202, art. 2(2)

F2 S. 2(2A)-(2C) inserted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(2)

Marginal Citations

M1 1852 c. 56.

M2 1868 c. 121.

3 Qualification by examination for registration. E+W+S

(1) It shall be the duty of the Council to appoint examiners to hold examinations for the purposes of this Act (including separate examiners for Scotland to hold examinations at such place or places in Scotland as the Council determine); but the appointment of any person as such an examiner shall not—

(a) take effect until it is approved by the Privy Council;

(b) continue in force for more than five years from the date on which it is made.

(2) Such examination fee as is prescribed shall be payable to the Society by every candidate at any such examination.

(3) It shall be the duty of the Society to permit any person appointed in that behalf by the Privy Council to be present throughout any such examination.

(4) The subjects at any such examination shall be the latin language, botany, materia medica, pharmaceutical and general chemistry and such other subjects (excluding the theory and practice of medicine, surgery and midwifery) as are prescribed; and byelaws may provide—

(a) for periods of time and courses of study in connection with such examinations and for dividing such examinations into two or more parts;

(b) that no person may be a candidate at any such examination unless he satisfies the Council that he has received such a general education as the Council consider adequate for a registered pharmaceutical chemist;

(c) that no such certificate as is mentioned in the next following subsection shall be granted to any person in consequence of any such examination unless he satisfies the Council that he has received such practical training in the subjects of the examination as the Council consider adequate.

(5) Subject to the foregoing provisions of this section, the examiners may grant a certificate of competence to practise as a pharmaceutical chemist to any person who satisfies them at any such examination that he is competent so to practise; and a person to whom such a certificate is granted shall be qualified to have his name registered.

4 Qualification by degree, diploma, etc. for registration. E+W+S

(1) [F3 Subject to subsection (4) below, byelaws] may provide that any person who satisfies such conditions as to character and otherwise as are prescribed by the byelaws and either holds or has held a degree granted in respect of pharmacy by any university in the United Kingdom or a diploma granted in respect of pharmacy in any place outside the United Kingdom or has passed the examinations necessary for obtaining such a diploma shall be qualified to have his name registered—

(a) without his qualifying to have his name registered in accordance with the requirements of the last foregoing section and of byelaws made thereunder; or

(b) upon his so qualifying in accordance with those requirements relaxed to the prescribed extent.

(2) Byelaws may provide that any person who is—

(a) a qualified military dispenser; or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(c) registered as a pharmaceutical chemist in Northern Ireland,

and who satisfies the Council that he has sufficient skill and knowledge to practise as a pharmaceutical chemist shall be qualified to have his name registered without his qualifying as mentioned in paragraph (a) of the last foregoing subsection.

[F5 (3) The references in subsection (1) above to a diploma granted in respect of pharmacy in any place outside the United Kingdom shall not include references to [F6 an appropriate European diploma by which a person is qualified by virtue of section 4A] of this Act to have his name registered.]

[F7 (4) Byelaws under subsection (1) above shall provide that in relation to a national of an EEA State exercising an enforceable Community right, or a person of the description mentioned in section 4A(1A), who—

(a) holds or has held a diploma granted in respect of pharmacy in any place outside the United Kingdom (other than an appropriate European diploma); or

(b) has passed the examinations necessary for obtaining such a diploma,

the registrar, or on appeal the Council, shall take the matters mentioned in subsection (5) below into account when deciding whether he is qualified to have his name registered under subsection (1) above.

(5) The matters are—

(a) if the diploma, or the passing of the examinations necessary for obtaining it, has been accepted by another EEA State as qualifying him to practise pharmacy in that State, that fact; and

(b) all his qualifications, or knowledge or experience, in pharmacy, wherever acquired, which are relevant to the question of whether his name should be registered.]

Textual Amendments

F3 Words in s. 4(1) substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(3)(a)

F4 S. 4(2)(b) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. V

F5 S. 4(3) inserted by S.I. 1987/2202, art. 2(3)

F6 Words in s. 4(3) substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(3)(b)

F7 S. 4(4)-(5) added (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(3)(c)

[F8 4A Qualification by appropriate European diploma for registration E+W+S

(1) Any national of [F9 an EEA State] who holds an appropriate European diploma and satisfies such conditions (if any) as to character and as to physical and mental health as may be prescribed shall be qualified to have his name registered; and where a name is registered by virtue of this section an indication that the name has been registered in respect of an appropriate European diploma shall be entered in the register against that name.

[F10 (1A) Any person who—

(a) is not a national of [F9 an EEA State], but

(b) is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68F11 or any other enforceable Community right, entitled to be treated, for the purposes of access to the profession of pharmacy, no less favourably than a national of such a State,

shall be treated for the purposes of subsection (1) above as if he were such a national.]

(2) Subject to subsections (3) to [F12 (4)] of this section, the following diplomas are appropriate European diplomas for the purposes of this section, namely—

(a) any diploma specified in Schedule 1A to this Act; F13 . . .

(b) any diploma in pharmacy which is not so specified but has been granted in [F9 an EEA State] either before the implementation date or to a person who commenced the training of which the diploma is evidence before that date.

[F14 (ba) any diploma in pharmacy which is not so specified but was awarded by, or which is evidence of training started in, the territory specified in column (b) of the table below before the date specified in the corresponding entry in column (a);

Column (a)	Column (b)	Column (c)
1st January 1993	Former Czechoslovakia	Czech Republic
1st January 1993	Former Czechoslovakia	Slovakia
20th August 1991	Former Soviet Union	Estonia
21st August 1991	Former Soviet Union	Latvia
11th March 1990	Former Soviet Union	Lithuania
25th June 1991	Yugoslavia	Slovenia]

[F15 (c) any diploma in pharmacy which is not so specified but is evidence of training commenced before 3rd October 1990 and undertaken on the territory of the former German Democratic Republic.]

[F16 (d) any diploma in pharmacy granted in an EEA State which is not specified in Schedule 1A to this Act and which does not fall within paragraph [F17 (b), (ba) or (c)] above.]

(3) A diploma granted in [F9 an EEA State] before the implementation date or granted to a person who began the training of which the diploma is evidence before that date is not an appropriate European diploma for the purposes of this section unless—

(a) in the case of a diploma specified in Schedule 1A to this Act [F18 (except one falling within subsection (3C) of this section)] , either—

(i) the diploma [F19 is evidence of] training that would have satisfied the requirements laid down by the Pharmacists Training Directive; or

(ii) the competent authorities of any [F20 EEA State] have certified that the holder of the diploma has lawfully practised pharmacy for at least three consecutive years during the five years preceding the date of the certificate;

or

[F21 (b) in the case of any diploma falling within subsection (2) (b) of this section—

(i) the diploma is evidence of training which would satisfy the requirements of Article 2 of the Pharmacists Training Directive and is treated by the competent authorities of the [F20 EEA State] in which it was awarded as equivalent to a diploma specified in Schedule 1A to this Act; or

(ii) the competent authorities of any [F20 EEA State] have certified that the holder of the diploma has lawfully practised pharmacy for at least three consecutive years during the five years preceding the date of the certificate.]

[F22 (3ZA) A diploma such as is mentioned in subsection (2)(ba) of this section is not an appropriate European diploma for the purposes of this section unless it is accompanied by—

(a) a certificate from the competent authorities of the EEA State specified in the appropriate row of column (c) of the table in subsection (2)(ba) that that diploma has, on its territory, the same legal validity as regards access to and the practice of pharmacy as the diploma specified in Schedule 1A to this Act in respect of that EEA State; and

(b) a certificate from those competent authorities stating that the holder of that diploma has effectively and lawfully been engaged in the practice of pharmacy in its territory for at least three consecutive years during the five years preceding the date of that certificate.]

[F23 (3A) A diploma such as is mentioned in subsection (2)(c) of this section is not an appropriate European diploma for the purposes of this section unless—

(a) it entitles its holder to practise pharmacy throughout the territory of Germany on the same conditions as those applying to the holder of a diploma specified in paragraph 4(1) of Schedule 1A to this Act; and

(b) the competent authorities in Germany have certified that the holder of the diploma has lawfully practised pharmacy in Germany for at least three consecutive years during the five years preceding the date of the certificate.]

[F24 (3B) A diploma such as is mentioned in subsection (2)(d) of this section is not an appropriate European diploma for the purposes of this section unless the competent authorities of the EEA State in which it was awarded have certified—

(a) that the diploma is evidence of training which satisfies the requirements of Article 2 of the Pharmacists Training Directive; and

(b) that it is treated by the competent authorities of the EEA State in which it was awarded as equivalent to a diploma specified in respect of that State in Schedule 1A to this Act.

(3C) A diploma specified in Schedule 1A to this Act in respect of Italy which is not evidence of training which satisfies the requirements of the Pharmacists Training Directive and which was awarded in respect of training which began before 1st November 1993 (but not before 1st October 1987) and finished before 1st November 2003 is not an appropriate European diploma for the purposes of this section unless the competent authorities of Italy have certified—

(a) that the holder of the diploma has been effectively and lawfully engaged in Italy in one of the activities referred to in Article 1(2) of the Pharmacists Training Directive;

(b) that he was so engaged for at least three consecutive years during the five years preceding the date of the certificate; and

(c) that the activity in question was at all relevant times regulated in Italy.]

(4) Where under subsection (2) of section 2 of this Act it falls to the registrar or the Council to determine whether or not any of the conditions specified in subsection (3)[F25 , [F26 (3ZA),] (3A), (3B) or (3C)] of this section is satisfied in relation to any diploma—

(a) the satisfaction of the condition specified in paragraph (a)(i) of the said subsection (3) may be established by the production of a certificate of the competent authorities of the [F20 EEA State] in relation to which the diploma is specified in Schedule 1A to this Act, or otherwise; and

[F27 (aa) the satisfaction of the condition specified in paragraph (b)(i) of the said subsection (3), or paragraph (a) of subsection (3A), may be established by the production of a certificate of the competent authorities of the [F20 EEA State] in which the diploma was awarded, or otherwise,]

[F28 (b) the satisfaction of the condition specified in—

(i) paragraph (a)(ii) or (b)(ii) of subsection (3);

[F29 (ia) paragraph (a) or (b) of subsection (3ZA),]

(ii) paragraph (b) of subsection (3A);

(iii) paragraph (a) or (b) of subsection (3B); or

(iv) paragraph (a), (b) or (c) of subsection (3C),

shall be established by the production of the relevant certificate, and not otherwise.]

F30 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section and Schedule 1A to this Act—

• [F31 “competent authorities”, in relation to an EEA State, means any authority or body designated by that EEA State in accordance with the Pharmacists Recognition Directive;]

• “employed person” means an employed person in accordance with Council Regulation (EEC) No.M3 1612/68 on freedom of movement for workers within the Community;

• “the implementation date”, in relation to [F9 an EEA State], means the date on which that State implemented the Pharmacists Training Directive;

• F32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the Pharmacists Training Directive” means Community Council Directive No.M4 85/432/EEC concerning the co-ordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy [F33 as amended by Directive 2001/19/EC].

(7) For the purposes of this section [F9 an EEA State] is to be regarded as having implemented the Pharmacists Training Directive on the date notified to the Commission of the European Communities as that on which it did so.]

Textual Amendments

F8 S. 4A inserted by S.I. 1987/2202, art. 2(4)

F9 Words in s. 4A substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(a)

F10 S. 4A(1A) inserted (28.6.1996) by S.I. 1996/1405, reg. 2(2)

F11 OJ No. L 257, 19.10.68, p. 2 (OJ/SE 1968 II) p. 475 amended by Council Regulation (EEC) No. 312/76 (OJ No. L039, 14.02.76, p. 2).

F12 Word in s. 4A(2) substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(c)(i)

F13 Word in s. 4A(2)(a) repealed (28.6.1996) by S.I. 1996/1405, reg. 2(3)

F14 S. 4A(2)(ba) inserted (18.8.2004) by The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), reg. 13(2)(a)(i)

F15 S. 4A(2)(c) inserted (28.6.1996) by S.I. 1996/1405, reg. 2(3)

F16 S. 4A(2)(d) added (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(c)(ii)

F17 Words in s. 4A(2)(d) substituted (18.8.2004) by The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), reg. 13(2)(a)(ii)

F18 Words in s. 4A(3)(a) inserted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(d)

F19 Words in s. 4A(3)(a)(i) substituted (28.6.1996) by S.I. 1996/1405, reg. 2(4)(a)

F20 Words in s. 4A substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(b)

F21 S. 4A(3)(b) substituted (28.6.1996) by S.I. 1996/1405, reg. 2(4)(b)

F22 S. 4A(3ZA) inserted (18.8.2004) by The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), reg. 13(2)(b)

F23 S. 4A(3A) inserted (28.6.1996) by S.I. 1996/1405, reg. 2(5)

F24 S. 4A(3B)(3C) inserted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(e)

F25 Words in s. 4A(4) inserted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(f)(i)

F26 Word in s. 4A(4) inserted (18.8.2004) by The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), reg. 13(2)(c)(i)

F27 S. 4A(aa) inserted (28.6.1996) by S.I. 1996/1405, reg. 2(6)(a)

F28 S. 4A(4)(b) substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(f)(ii)

F29 S. 4A(4)(b)(ia) inserted (18.8.2004) by The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), reg. 13(2)(c)(ii)

F30 S. 4A(5) omitted (31.12.2003) by virtue of The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(g)

F31 Words in s. 4A(6) substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(h)(i)

F32 Words in s. 4A(6) omitted (31.12.2003) by virtue of The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(h)(ii)

F33 Words in s. 4A(6) added (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(4)(h)(iii)

Modifications etc. (not altering text)

C1 S. 4A restricted (31.3.1995) by S.I. 1995/414, reg. 5(13)

Marginal Citations

M3 O.J. No. L257/2.

M4 O.J. No. L253/34.

[F34 4B. Appeals by a national of an EEA State E+W+S

(1) A national of an EEA State who is exercising an enforceable Community right, or a person of the description mentioned in section 4A(1A), whose appeal under section 2(2) or (2B) is dismissed by the Council may appeal to the relevant court.

(2) In this section, the “relevant court” is—

(a) a county court; or

(b) in the case of a person whose address in the register, if he were registered, would be in Scotland, the sheriff in whose sheriffdom the address is situated.

(3) On an appeal under subsection (1) above, the relevant court may—

(a) dismiss the appeal;

(b) allow the appeal and quash the decision appealed against; or

(c) remit the case to the Council to dispose of the case in accordance with the court’s directions,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.]

Textual Amendments

F34 S. 4B inserted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(5)

5 Certificates of registration. E+W+S

(1) Subject to the provisions of the next following subsection, it shall be the duty of the Council, on the demand of any registered pharmaceutical chemist, to issue to him without fee a certificate of registration signed by the registrar and countersigned by either the President of the Society or two members of the Council.

(2) There shall be no obligation on the Council to issue a further such certificate as aforesaid to a person to whom such a certificate has already been issued, unless the person—

(a) satisfies the registrar that the original certificate, and any further certificate already issued to him, has been lost or destroyed; and

(b) pays to the Society such fee (if any) in respect of the further certificate as is prescribed.

[F35 (3) Any certificate of registration issued to any person under this section shall reproduce any indication entered in the register against that person’s name in pursuance of section 4A(1) or (5)(a) of this Act.]

Textual Amendments

F35 S. 5(3) inserted by S.I. 1987/2202, art. 2(5)

6 Evidence of registration. E+W+S

(1) Any document purporting to be a print of the Annual Register of Pharmaceutical Chemists printed and published by authority of the registrar in any year shall, at any time before the publication of the said Annual Register for the succeeding year, be admissible in any proceedings as evidence that any person named therein is, and that any person not named therein is not, a registered pharmaceutical chemist.

(2) Any such certificate as is mentioned in the last foregoing section shall be admissible in any proceedings as evidence that the person named therein as a registered pharmaceutical chemist is a registered pharmaceutical chemist.

Removal from and restoration to the register, etc.F60 E+W+S

7 The Statutory Committee. E+W+S

For the purposes of this Act there shall be appointed a committee of the Society (to be known as “the Statutory Committee”), and the provisions of the First Schedule to this Act shall have effect in relation to the Statutory Committee.

8 Control of registrations by Statutory Committee. E+W+S

(1) Where—

(a) a person applying to have his name registered, or

(b) a registered pharmaceutical chemist or any person employed by him in the carrying on of his business, or

(c) a person whose name has been removed from the register under section twelve of this Act or any person employed by him as aforesaid,

has been convicted of any such criminal offence or been guilty of such misconduct (being in a case falling within paragraph (c) of this subsection a conviction or misconduct which took place either before or after the removal of the name) as in the opinion of the Statutory Committee renders the convicted or guilty person unfit to have his name on the register, the Committee may, after enquiring into the matter—

(i) in a case falling within paragraph (a) of this subsection, direct that the applicant’s name shall not be registered, or shall not be registered until the Committee otherwise directs;

(ii) in a case falling within paragraph (b) thereof, direct the registrar to remove the name of the registered pharmaceutical chemist from the register;

(iii) in a case falling within paragraph (c) thereof, direct that the name removed from the register shall not be restored thereto, or shall not be restored thereto until the Committee otherwise directs;

and, where the Committee directs that a name shall be removed from the register or shall not until the Committee otherwise directs be registered or restored to the register, the Committee may also direct that no application to the Committee in respect of its registration, or as the case may be its restoration to the register, shall be entertained thereafter until the expiration of such period as is specified in the direction or the fulfilment of such conditions as are so specified.

[F36 (1A) Where the Statutory Committee is satisfied that any person is subject to a disqualifying decision the Committee shall be entitled to exercise its powers under subsection (1) of this section in relation to that person on the assumption that the grounds on which the decision was expressed to be made constitute such misconduct rendering that person unfit to have his name on the register as would (apart from this subsection) justify the exercise of those powers.

(1B) For the purposes of this section a person is subject to a disqualifying decision if—

(a) a decision is made in respect of that person by responsible authorities in [F37 an EEA State] other than the United Kingdom;

(b) that decision has the effect in that State either that that person ceases to be registered or otherwise officially recognised to practise pharmacy in that State or that he is prohibited from practising pharmacy there;

(c) that decision is expressed to be made on the grounds that that person has committed a criminal offence or has been guilty of any misconduct.]

(2) Where the name of any person has been removed from the register in pursuance of a direction under paragraph (ii) of [F38 subsection (1) of this section], the Committee may, either of its own motion or on the application of that person, direct the registrar to restore the name to the register, either without fee or on the payment to the Scoeity of such fee as is prescribed in that behalf, not exceeding the fee prescribed for registration in pursuance of section three of this Act.

(3) It shall be the duty of the Statutory Committee—

(a) to give notice of any direction under this section to the person to whom the direction relates;

(b) to give notice of any refusal of an application made under the last foregoing subsection to the applicant;

and any notice required by this subsection to be given to any person shall be given by being sent to him in a registered letter which, in the case of a registered pharmaceutical chemist, shall be addressed to his address on the register.

Textual Amendments

F36 S. 8(1A)(1B) inserted by S.I. 1987/2202, art. 2(6)

F37 Words in s. 8(1B)(a) substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(6)

F38 Words substituted by S.I. 1987/2202, art. 2(6)

9 Restriction on directions by Statutory Committee. E+W+S

(1) No direction (other than a direction authorising the registration or restoration to the register of a name) shall be given by the Statutory Committee under subsection (1) of the last foregoing section without the assent of the chairman of the Committee.

(2) Where an act or omission which, under the last foregoing section, may be made the ground of a direction by the Statutory Committee involving the cesser or restriction of the right of a person to have his name registered is an act or omission on the part of an employee of that person, the Committee shall not give any such direction unless proof is given to its satisfaction of some one or more of the facts specified in the next following subsection and the Committee is of opinion that, having regard to the facts so proved, the said person ought to be regarded as responsible for the act or omission.

(3) The facts as to some one or more of which the Committee must be satisfied before giving any such direction as is mentioned in subsection (2) of this section are—

(a) that the act or omission in question was instigated or connived at by the said person;

(b) that the said person or any employee of his had been guilty at some time within twelve months before the date on which the act or omission in question took place of a similar act or omission and that the said person had, or reasonably ought to have had, knowledge of that previous act or omission;

(c) if the act or omission in question was a continuing act or omission, that the said person had, or reasonably ought to have had, knowledge of the continuance thereof;

(d) in the case of a criminal offence being an offence under the Pharmacy Acts, that the said person had not used due diligence to enforce the execution of those Acts.

10 Appeals against directions, etc. E+W+S

(1) A person aggrieved by a direction of the Statutory Committee under section eight of this Act or the refusal of an application made under subsection (2) of that section may at any time within three months from the date on which notice of the direction or, as the case may be, of the refusal is given to him appeal to the High Court against the direction or refusal; and the Society may appear as respondent on any such appeal.

(2) The High Court may on any such appeal make such order as the court thinks fit in the matter including an order as to the costs of the appeal and in particular as to the payment of any such costs by the Society, whether or not the Society appear on the hearing of the appeal; and the order of the High Court on any such appeal shall be final.

(3) It shall be the duty of the registrar to make such alterations in the register as are necessary to give effect to any such order as aforesaid.

11 Time of operation etc. of certain directions. E+W+S

(1) A direction under paragraph (ii) of subsection (1) of section eight of this Act shall not take effect until the expiration of three months from the giving of notice of the direction as required by subsection (3) of that section or, where an appeal to the High Court is brought against the direction, until the appeal is determined or withdrawn.

(2) If the High Court has dismissed an appeal against a direction under the said subsection (1) that a name shall be removed from the register or shall not, until the Committee otherwise directs, be registered or restored to the register, a direction by the Committee authorising the registration or restoration of the name shall not take effect unless it is approved by the Privy Council.

(3) When any direction under the said section eight takes effect it shall be the duty of the registrar to make such alterations in the register as are necessary to give effect to the direction.

12 Removal from register for non-payment of retention fee, etc. E+W+S

(1) If any registered pharmaceutical chemist on whom a demand has been made in the prescribed manner for the payment of any fee payable by him under subsection (3) of section two of this Act fails to pay the fee within two months from the date of the demand, the Council may direct the registrar to remove the chemist’s name from the register.

(2) If any person whose name has been removed from the register under the last foregoing subsection for non-payment of any fee pays to the Society, before the expiration of the year in respect of which the fee is payable or of such longer period as the Council allow, the fee and such additional sum (if any) by way of penalty as is prescribed, it shall be the duty of the registrar, subject to the provisions of any direction in force under paragraph (iii) of subsection (1) of section eight of this Act, to restore that person’s name to the register.

(3) Where a name removed from the register under subsection (1) of this section is restored thereto under the last foregoing subsection, the restoration shall, if the Council so direct, have effect from the date of the removal of the name.

13 Corrections of the register. E+W+S

(1) It shall be the duty of the registrar—

(a) to remove from the register the name of any registered pharmaceutical chemist who has died;

(b) to remove from the register any entry which the Council, by an order in writing, direct him to remove therefrom as being in their opinion an entry which was procured by fraud;

(c) to correct in accordance with the Council’s directions any entry in the register which the Council, by an order in writing, direct him to correct as being in their opinion an entry which was incorrectly made; and

(d) to make from time to time any necessary alterations in the registered particulars of registered pharmaceutical chemists.

(2) The registrar may remove from the register any name to which this subsection applies by virtue of subsection (4) of this section, and the Council may direct the registrar to restore to the register any name removed therefrom under this subsection.

(3) Every registrar of births and deaths shall, on registering the death of a pharmaceutical chemist, send forthwith by post to the registrar under this Act a copy certified under his hand of the entry relating to the death in the register of deaths; and the cost of the certificate and of sending it by post shall be payable by the registrar under this Act to the registrar of births and deaths from whom it is received.

(4) If the registrar—

(a) sends by post to any registered pharmaceutical chemist a registered letter addressed to him at his address on the register enquiring whether he has ceased to practise as a pharmaceutical chemist or has changed his address and receives no reply to the letter within the period of six months from the date of posting it; and

(b) upon the expiration of that period sends in like manner to the pharmaceutical chemist in question a second similar letter and receives no reply to that letter within three months from the date of posting it,

subsection (2) of this section shall apply to the name of the registered pharmaceutical chemist in question.

Miscellaneous provisions relating to the Pharmaceutical SocietyF60 E+W+S

14 Membership of the Society. E+W+S

Every person whose name is registered shall, by virtue of the registration, be a member of the Society, and shall, on his name ceasing to be registered, cease to be a member of the Society.

15 Appointment of additional members of Council. E+W+S

(1) The Privy Council may appoint three persons to be members of the Council of the Society in addition to the persons elected as members of the Council under the Society’s Charter, and the persons appointed by the Privy Council under this section shall hold office as members of the Council for such period as the Privy Council determine.

(2) A person may be appointed under this section as a member of the Council whether he is or is not a member of the Society.

F39 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 S. 15(3) repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 2, Sch. 9; S.I. 2006/2603, art. 4(5)(c)(i)(e), Sch.

F40 S. 15(4) repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 2, Sch. 9; S.I. 2006/2603, art. 4(5)(c)(i)(e), Sch.

16 Byelaws. E+W+S

The Council may make such byelaws as they think necessary for the purposes of any provision of this Act referring to byelaws; but no byelaw made by virtue of this Act shall come into operation until it is approved by the Privy Council.

17 The benevolent fund. E+W+S

The Council may, out of the property of the Society and out of any property for the time being comprised in the benevolent fund established in pursuance of the Society’s Charter of Incorporation, make provision for such purposes relating to the relief of distressed persons, being—

(a) members of the Society;

(b) persons who at any time have been such members or have been registered as pharmaceutical chemists or chemists and druggists under this Act or any enactment repealed by, or by an enactment repealed by, this Act;

(c) [F41 surviving spouses, surviving civil partners,] orphans and other dependants of deceased persons who were at any time members of the Society or registered as aforesaid; or

(d) students of the Society,

as the Council may, subject to byelaws, determine.

Textual Amendments

F41 Words in s. 17(c) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 20; S.I. 2005/3175, art. 2(2)

OffencesF60 E+W+S

18 Falsifications by the registrar. E+W+S

If the registrar wilfully makes or causes to be made any falsification in any matter relating to the register or the Annual Register of Pharmaceutical Chemists or any such certificate as is mentioned in subsection (5) of section three of this Act, he shall be guilty of a misdemeanour and, in the case of a falsification relating to the said Annual Register, liable to imprisonment for a term not exceeding twelve months.

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42 E+W+S

Textual Amendments

F42 S. 19 repealed by Medicines Act 1968 (c. 67), Sch. 6

20 Offences relating to certificates. E+W+S

(1) If any person fraudulently exhibits any certificate purporting to be a certificate of membership of the Society, he shall be guilty of a misdemeanour.

(2) If, with intent to deceive, any person—

(a) [F43 forges, or] uses, or lends to or allows to be used by any other person any certificate issued under the Pharmacy Acts; or

(b) makes or has in his possession any document so closely resembling such a certificate as to be calculated to deceive,

he shall be liable on summary conviction, in respect of each offence, to a fine not exceeding [F44 level 3 on the standard scale] and, in the case of a continuing offence, to a further fine not exceeding five pounds for every day subsequent to the day on which he is convicted of the offence during which the contravention continues.

• [F45 In the application of this subsection to England or Wales, the expression “forges” has the same meaning as in the M5 Forgery Act 1913.]

(3) If any person to whom a certificate of registration has been issued in pursuance of section five of this Act ceases to be a registered pharmaceutical chemist he shall, before the expiration of fourteen days from so ceasing, transmit the certificate to the registrar for cancellation, and, if he fails to do so, he shall be liable on summary conviction, in respect of each offence, to a fine not exceeding [F46 level 1 on the standard scale] and to a further fine not exceeding one pound for every day subsequent to the day on which he is convicted of the offence during which the default continues.

Textual Amendments

F43 Words repealed (E.W.) by Forgery and Counterfeiting Act 1981 (c. 45, SIF 39:7), s. 30, Sch. Pt. I

F44 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F45 Words repealed (E.W.) by Forgery and Counterfeiting Act 1981 (c. 45, SIF 39:7), s. 30, Sch. Pt I

F46 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

Modifications etc. (not altering text)

C2 S. 20(2)(3) amended by Poisons Act 1972 (c. 66), s. 9(1)

Marginal Citations

M5 1913 c. 27.

21 Extension of time for certain prosecutions. E+W+S

Notwithstanding anything in [F47 the Magistrates’ Courts Act 1980] or [F48 the M6 Criminal Procedure (Scotland) Act 1975] proceedings for an offence under F49 . . .subsection (2) or subsection (3) of the last foregoing section may be commenced at any time within the period of twelve months next after the date of the commission of the offence.

Textual Amendments

F47 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(1), Sch. 7 para. 10

F48 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F49 Words in s. 21 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.XII.

Marginal Citations

M6 1975 c. 21.

SupplementalF60 E+W+S

22 Exercise of powers conferred on Privy Council. E+W+S

(1) For the purpose of exercising any powers conferred by this Act on the Privy Council, the quorum of the Privy Council shall be three.

(2) Any document purporting to be—

(a) an instrument of appointment or approval made by the Privy Council under this Act or any other instrument so made; and

(b) signed by the Clerk of the Privy Council or by any other person authorised by the Privy Council in that behalf,

shall be evidence of the fact that the instrument was so made and of the terms of the instrument.

23 Application of fees, etc. E+W+S

Any sum received by the Society by way of fee or penalty in pursuance of any provision of this Act shall be applicable for the purposes of the Society.

24 Interpretation. E+W+S

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

• F50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “byelaws” means byelaws made by the Council;

• “the Council” means the Council of the Society;

• F51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F52 “EEA State” means a member State, Norway, Liechtenstein, Iceland or Switzerland;]

• [F53 “national”, in relation to an EEA State, means the same as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services;]

• [F53 “the Pharmacists Recognition Directive” means Council Directive 85/433/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy as amended by—

  (a)

  Council Directives 85/584/EEC and 90/658/EEC;

  (b)

  the Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union signed at Corfu on 24th June 1994, as adjusted by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new Member States to the European Union;

  (c)

  Directive 2001/19/EC; F54 ...

  (d)

  the Swiss Agreement; [F55 and]

  (e)

  [F56 the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003;]]

• [F57 “the Pharmacy Acts” means F58 . . . the M7 Pharmacy Act 1954, sections 77 and 84(1) of the M8 Medicines Act 1968 and the M9 Poisons Act 1972, and includes rules made F58 . . . under section 7 of the Poisons Act 1972].

• “prescribed” means prescribed by byelaws;

• “the register” means the Register of Pharmaceutical Chemists F58 . . . maintained in pursuance of subsection (1) of section two of this Act;

• “registered” means registered in the register, and “to register” and “registration” shall be construed accordingly;

• “registered pharmaceutical chemist” means a person whose name is registered;

• “registrar” means the registrar appointed in pursuance of section one of this Act;

• “the Society” means the Pharmaceutical Society of Great Britain;

• [F53 “the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999;]

• “year”, in subsection (3) of section two and subsection (2) of section twelve, means a period of twelve months beginning on such date as is for the time being determined by the Council.

(2) In the application of this Act to Scotland any reference to the High Court shall be construed as a reference to the Court of Session.

(3) Any reference in this Act to any enactment is a reference to that enactment as amended by any subsequent enactment.

Textual Amendments

F50 Definition in s. 24(1) of "the Act of 1933" repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch.XII.

F51 Words in s. 24 omitted (18.8.2004) by virtue of The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), reg. 13(3)(a)

F52 Words in s. 24 substituted (18.8.2004) by The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), reg. 13(3)(b)

F53 Words in s. 24(1) inserted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 8(7)

F54 Word in s. 24 omitted (18.8.2004) by virtue of The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), reg. 13(3)(c)(i)

F55 Word in s. 24 inserted (18.8.2004) by The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), reg. 13(3)(c)(ii)

F56 Words in s. 24 inserted (18.8.2004) by The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), reg. 13(3)(c)(iii)

F57 Definition substituted by Poisons Act 1972 (c. 66), s. 12(2)

F58 Words in s. 24(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch.XII.

Marginal Citations

M7 1954 c. 61.

M8 1968 c. 67.

M9 1972 c. 66.

F59 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F59 S. 25 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.XII.

26 Short title, commencement and extent. E+W+S

(1) This Act may be cited as the Pharmacy Act 1954, and shall come into operation at the expiration of one month beginning with the date of its passing.

(2) This Act shall not extend to Northern Ireland.