The Pharmacy Order 2010

Appealable decisions E+W+S

39.—(1) Subject to paragraph (2), the following decisions are appealable decisions for the purposes of article 40—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a decision by the Registrar to refuse to enter a person in Part 1 or 2 of the Register as a pharmacist or a pharmacy technician (excluding restoration cases);

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (ca) a decision by the Registrar to require a person to undergo an examination or other assessment under article 23A(6)(a);]

F4 (cb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a decision by the Registrar under article 23(2)(b) to refuse to renew an entry of a registrant in Part 1 or 2 of the Register;

F5 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) a decision by the Registrar to refuse to enter, renew or restore an annotation in any part of the Register in respect of a specialisation pursuant to rules under article 27(1);

(g) a decision by the Registrar to remove an annotation in respect of a specialisation from any part of the Register pursuant to rules under article 27(1);

(h) a decision by the Registrar to remove the entry of a registrant from Part 1 or 2 of the Register pursuant to article 28(2) or (3);

(i) a decision by the Registrar to remove the entry of a registrant from Part 1 [F6 or 2] of the Register or a registered pharmacy from Part 3 of the Register pursuant to article 29(3)(a) or (b);

(j) a decision by the Registrar to remove the entry of a registrant from Part 1 or 2 of the Register pursuant to article 30(1) or (3);

(k) a decision by the Registrar to remove an entry of a registrant from Part 1 or 2 of the Register under [F7 article 32(9)(a)];

(l) a decision by the Registrar to refuse an application for restoration of a person’s entry in Part 1 [F8 or 2] of the Register but only if the decision is for a reason that does not relate to a person’s fitness to practise;

(m) a decision by the Registrar in accordance with rules made by the Council under article 43(7) to suspend the entry of a registrant in the Register or to remove such an entry from the Register on the ground that the registrant has failed to comply with the requirements or conditions of the framework adopted by the Council under article 43(4)(a) or has made a false declaration about compliance with those requirements or conditions;

(n) a decision by the Council under article 47(6)(a) or (b) to refuse to approve, or to withdraw approval from, any education, training, qualification, test or institution or other provider or to impose probationary or remedial measures on an institution or other provider;

(o) a decision by the Registrar to refuse to enter a person in Part 2 of the Register under paragraph 6(2) of Schedule 5 on the ground that the person does not have the requisite knowledge, skill and experience for practising as a pharmacy technician in Great Britain;

(p) a decision by the Registrar under section 74A of the Medicines Act 1968(1) (registration of premises: Great Britain) to refuse to enter premises in Part 3 of the Register or to refuse to renew the entry of premises in Part 3 of the Register;

(q) a decision by the Registrar under section 74H of the Medicines Act 1968(2) (change of ownership of retail pharmacy business: Great Britain) not to restore an entry of premises to Part 3 of the Register;

(r) a decision by the Registrar under paragraph (4) of article 14 to suspend or remove an entry of premises in Part 3 of the Register; F9 ...

(s) a decision which, by virtue of rules under this Order, may be appealed to the Appeals Committee;

F10 (t) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (u) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A decision is not an appealable decision if it was taken—

(a) because of a failure to pay any fee prescribed under article 36(1); or

(b) because the applicant is not appropriately qualified, in circumstances where the applicant contends that the applicant’s qualifications should be approved by the Council pursuant to article 21(1)(d)(i) or 22(1)(c)(i) .

[F13 (3) The reference in paragraph (1)(l) to a person’s fitness to practise does not include a reference to a person’s fitness to practise where the only allegation made in relation to the person is an allegation under article 51(1)(ca).]

Textual Amendments

F1 Art. 39(1)(a) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 2 para. 24(2)(a) (with reg. 12A, Sch. 2 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 10(3)-(7)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 39(1)(c) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 2 para. 24(2)(a) (with reg. 12A, Sch. 2 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 10(3)-(7)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 39(1)(ca)(cb) inserted (1.6.2016) by The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 51(2); S.I. 2015/1451, art. 6(b)

F4 Art. 39(1)(cb) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 2 para. 24(2)(a) (with reg. 12A, Sch. 2 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 10(3)-(7)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 39(1)(e) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 2 para. 24(2)(a) (with reg. 12A, Sch. 2 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 10(3)-(7)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in art. 39(1)(i) substituted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 2 para. 24(2)(b) (with reg. 12A, Sch. 2 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 10(3)-(7)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in art. 39(1)(k) substituted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 para. 37 (with Sch. 3 paras. 20-23)

F8 Words in art. 39(1)(l) substituted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 2 para. 24(2)(b) (with reg. 12A, Sch. 2 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 10(3)-(7)); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in art. 39(1) omitted (18.11.2016) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 34(2) (with reg. 155)

F10 Art. 39(1)(t) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 2 para. 24(2)(c) (with reg. 12A, Sch. 2 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 10(3)-(7)); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 39(1)(u) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 2 para. 24(2)(c) (with reg. 12A, Sch. 2 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 10(3)-(7)); 2020 c. 1, Sch. 5 para. 1(1)

F12 Art. 39(1A) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 2 para. 24(3) (with reg. 12A, Sch. 2 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 10(3)-(7)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Art. 39(3) inserted (1.6.2016) by The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 51(3); S.I. 2015/1451, art. 6(b)

Commencement Information

I1 Art. 39 in force at 10.2.2010 for specified purposes, see art. 1(3)

I2 Art. 39 in force at 27.9.2010 in so far as not already in force by S.I. 2010/1621, art. 2(1), Sch.

(1)

Section 74A is inserted into the Act by paragraph 1(8) of Schedule 1 to this Order.

(2)

Section 74H is inserted into the Act by paragraph 1(8) of Schedule 4 to this Order.