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The Pharmacy Order 2010

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  1. Introductory Text

  2. PART 1 Preliminary

    1. 1.Citation and commencement

    2. 2.Extent

    3. 3.Interpretation

  3. PART 2 The Council and its Committees

    1. 4.The Council and its Committees

    2. 5.Standards and requirements: consultation and review

    3. 6.The Council’s general duties

  4. PART 3 Registered Pharmacies: Standards in retail pharmacies

    1. 7.Standards: general

    2. 8.The Inspectorate

    3. 9.Inspection and enforcement

    4. 10.Power of entry

    5. 11.Powers of an inspector

    6. 12.Obstruction: offences

    7. 13.Improvement notices

    8. 14.Non-compliance with improvement notices

    9. 15.Offences committed by partnerships

    10. 16.Appeals against improvement notices

    11. 17.Powers of a court on appeal

  5. PART 4 Registration

    1. 18.The Registrar

    2. 19.Establishment, maintenance of and access to the Register

    3. 20.Entitlement to entry in Part 1 or 2 of the Register: pharmacists and pharmacy technicians

    4. 20A.Article 20: further provision relating to specified state professionals

    5. 21.Pre-entry requirements in respect of qualifications and additional education, training or experience: pharmacists

    6. 21A.European qualifications: pharmacists

    7. 22.Pre-entry requirements in respect of qualifications and additional education, training or experience: pharmacy technicians

    8. 23.Form, manner and content of applications for entry or for renewal of an entry in the Register: pharmacists and pharmacy technicians

    9. 23A.Supplementary provisions as to necessary knowledge of English

    10. 24.Notification by the Registrar: entry and renewal

    11. 25.Duration of entry

    12. 26.Notice of entry in the Register

    13. 27.Specialisations: registrants and registered pharmacies

    14. 28.Registrants’ duties with regard to their entries

    15. 29.Corrections to the Register

    16. 30.Fitness to practise matters before entry or renewal of an entry

    17. 31.Voluntary removal from the Register

    18. 32.Indemnity arrangements

    19. 33.Visiting pharmacists and pharmacy technicians from relevant European States

    20. 33A.European professional card

    21. 34.Temporary entry with regard to emergencies involving loss of human life or human illness etc.

    22. 35.Temporary annotations with regard to emergencies involving loss of human life or human illness etc.

    23. 36.Fees in connection with entry

    24. 36A.Additional requirements for specified state professionals

    25. 37.Restoration to the Register of persons or premises removed from the Register

    26. 38.Offences relating to the Register

    27. 39.Appealable decisions

    28. 40.Appeals to the Appeals Committee

    29. 41.Appeals from the Appeals Committee

  6. PART 5 Education, training and acquisition of experience and continuing professional development

    1. 42.Education, training and acquisition of experience

    2. 42A.Professional traineeships carried out in other relevant European States, etc.

    3. 43.Continuing professional development

    4. 44.Specific obligations and powers of the Council in respect of education and training

    5. 45.Visitors

    6. 46.Information to be given by institutions or other providers

    7. 47.Refusal or withdrawal of approval of courses, qualifications and institutions

  7. PART 6 Fitness to practise

    1. 48.Standards of conduct and performance

    2. 48A.Information for specified state professionals

    3. 49.Disclosure of information: general

    4. 50.Disclosure of fitness to practise matters in the public interest

    5. 51.Impairment of fitness to practise

    6. 52.Initial action in respect of allegations

    7. 53.Consideration by the Investigating Committee

    8. 54.Consideration by the Fitness to Practise Committee

    9. 55.Professional performance assessments

    10. 55A.Knowledge of English assessments

    11. 56.Interim orders

    12. 57.Restoration of names to the Register: fitness to practise

    13. 58.Appeals against appealable fitness to practise decisions

    14. 59.The taking effect of directions in respect of appealable fitness to practise decisions

    15. 60.Interim measures pending a direction taking effect

  8. PART 7 Proceedings

    1. 61.Rules in respect of proceedings

    2. 62.Procedure for the Fitness to Practise Committee and the Appeals Committee

    3. 63.Legal advisers

    4. 64.Clinical and other specialist advisers

  9. PART 8 Miscellaneous

    1. 65.General fees

    2. 66.Rules

    3. 67.The Directive: designation of competent authority etc.

    4. 68.Amendments, repeals and revocations

    5. 69.Transitional, transitory and saving provisions

    6. 70.Privy Council procedures etc.

    7. 71.Review

  10. Signature

    1. SCHEDULE 1

      Constitution of the General Pharmaceutical Council

      1. 1.Membership: general

      2. 2.Matters for the order of the Privy Council under article 4(2)

      3. 3.Powers of the Council

      4. 4.Registration of members’ private interests

      5. 5.The statutory committees

      6. 6.The Council’s duties in respect of publications

      7. 7.Accounts

      8. 8.Annual reports, statistical information and strategic plans

    2. SCHEDULE 2

      Visiting Practitioners from relevant European States

      1. PART 1 Pharmacists

        1. 1.Application and interpretation

        2. 2.Registration in respect of provision of occasional pharmacy services

        3. 3.Entitlement to provide occasional pharmacy services: first year

        4. 4.First provision of services: required documents

        5. 4A.First provision of services: visiting practitioners from Northern Ireland

        6. 5.First provision of services: supplementary

        7. 6.Entitlement to provide occasional pharmacy services after the first year: renewals

        8. 7.Duration of entitlement to provide occasional pharmacy services

        9. 8.Conditions

      2. PART 2 Pharmacy technicians

        1. 9.Application and interpretation

        2. 10.Registration in respect of the provision of occasional services

        3. 11.Entitlement to provide occasional pharmacy services: first year

        4. 12.First provision of services: required documents

        5. 13.First provision of services: supplementary

        6. 14.Entitlement to provide occasional pharmacy services after the first year: renewals

        7. 15.Duration of entitlement to provide occasional pharmacy services

        8. 16.Conditions

    3. SCHEDULE 2A

      Directive 2005/36/EC: European professional card

      1. PART 1 General

        1. 1.Introductory

        2. 2.Interpretation

      2. PART 2 General functions of the Council in relation to European professional cards

        1. 3.Council not to request resubmission of valid documents

        2. 4.Power to revoke a European professional card

        3. 5.Rectification of the European professional card or the IMI file

        4. 6.Duty to give reasons and to notify of right of appeal

        5. 7.Updating the IMI file: disciplinary action or criminal sanctions

        6. 8.Access to data

        7. 9.Processing data

      3. PART 3 European professional cards for establishment in the United Kingdom or another relevant European State

        1. 10.European professional cards for establishment in a host State other than the United Kingdom

        2. 11.Issue of European professional card for establishment in Great Britain

      4. PART 4 European professional cards for the provision of occasional pharmacy services in a relevant European State other than the United Kingdom

        1. 12.Issue of European professional card for the provision of occasional pharmacy services in a host State other than the United Kingdom

        2. 13.Variation of a European professional card for the provision of occasional pharmacy services in a host State other than the United Kingdom

      5. PART 5 European professional card: requirements and entitlements as to registration

        1. 14.Requirement to register: establishment cases

        2. 15.Entitlement to registration: provision of occasional pharmacy services

      6. PART 6 Conditions in relation to fitness to practise

        1. 16.Conditions in relation to fitness to practise: providers of occasional pharmacy services

    4. SCHEDULE 3

      The Directive: Designation of competent authority etc.

    5. SCHEDULE 4

      Amendments, repeals and revocations

      1. PART 1 Primary legislation

        1. 1.Amendment of the Medicines Act 1968

        2. 2.Amendment of the Poisons Act 1972

        3. 3.Amendment of the Race Relations Act 1976

        4. 4.Amendment of the National Health Service (Scotland) Act 1978

        5. 5.Amendment of the Value Added Tax Act 1994

        6. 6.Amendment of the Data Protection Act 1998

        7. 7.Amendment of the Health Act 1999

        8. 8.Amendment of the Regulation of Investigatory Powers Act 2000

        9. 9.Amendment of the Freedom of Information Act 2000

        10. 10.Amendment of the National Health Service Reform and Health Care Professions Act 2002

        11. 11.Amendment of the Income Tax (Earnings and Pensions) Act 2003

        12. 12.Amendment of the Health Act 2006

        13. 13.Amendment of the National Health Service Act 2006

        14. 14.Amendment of the National Health Service (Wales) Act 2006

        15. 15.Amendment of the Safeguarding Vulnerable Groups Act 2006

        16. 16.Amendment of the Protection of Vulnerable Groups (Scotland) Act 2007

      2. PART 2 Secondary legislation

        1. 17.Amendment of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973

        2. 18.Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

        3. 19.Amendment of the Medicines (Bal Jivan Chamcho Prohibition) (No 2) Order 1977

        4. 20.Amendment of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980

        5. 21.Amendment of the Medicines (Pharmacy and General Sale – Exemption) Order 1980

        6. 22.Amendment of the Employment Agencies Act 1973 (Exemption) (No 2) Regulations 1984

        7. 23.Amendment of the Medicines (Fixing of Fees Relating to Medicinal Products for Human Use) Order 1989

        8. 24.Amendment of the National Health Service (Pharmaceutical Services) Regulations 1992

        9. 25.Amendment of the National Health Service (Service Committees and Tribunal) Regulations 1992

        10. 26.Amendment of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994

        11. 27.Amendment of the Prescription Only Medicines (Human Use) Order 1997

        12. 28.Amendment of the Building Societies (Business Names) Regulations 1998

        13. 29.Amendment of the Feeding Stuffs (Enforcement) Regulations 1999

        14. 30.Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2000

        15. 31.Amendment of the Representation of the People (England and Wales) Regulations 2001

        16. 32.Amendment of the Representation of the People (Scotland) Regulations 2001

        17. 33.Amendment of the Family Health Services Appeal Authority (Procedure) Rules 2001

        18. 34.Amendment of the Misuse of Drugs Regulations 2001

        19. 35.Amendment of the Adults with Incapacity (Ethics Committee) (Scotland) Regulations 2002

        20. 36.Amendment of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002

        21. 37.Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003

        22. 38.Amendment of the Medicines (Child Safety) Regulations 2003

        23. 39.Amendment of the National Health Service (Tribunal) (Scotland) Regulations 2004

        24. 40.Amendment of the National Health Service (General Medical Services Contracts) Regulations 2004

        25. 41.Amendment of the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004

        26. 42.Amendment of the National Health Service (Personal Medical Services Agreements) Regulations 2004

        27. 43.Amendment of the Medicines for Human Use (Clinical Trials) Regulations 2004

        28. 44.Amendment of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004

        29. 45.Amendment of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

        30. 46.Amendment of the Regulation of Care (Social Service Workers) (Scotland) Order 2005

        31. 47.Amendment of the National Health Service (Pharmaceutical Services) Regulations 2005

        32. 48.Amendment of the Medicines for Human Use (Prescribing) Order 2005

        33. 49.Amendment of the Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No. 2) Order 2005

        34. 50.Amendment of the Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005

        35. 51.Amendment of the Gender Recognition (Disclosure of Information) (Scotland) Order 2005

        36. 52.Amendment of the National Health Service (Discipline Committees) (Scotland) Regulations 2006

        37. 53.Amendment of the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006

        38. 54.Amendment of the Controlled Drugs (Supervision of Management and Use) Regulations 2006

        39. 55.Amendment of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007

        40. 56.Diwygio Rheoliadau’r Gwasanaeth Iechyd Gwladol (Presgripsiynau am Ddim a Ffioedd am Gyffuriau a Chyfarpar) (Cymru) 2007

        41. 57.Amendment of the National Assembly for Wales (Representation of the People) Order 2007

        42. 58.Revocation of the Pharmacists and Pharmacy Technicians Order 2007

        43. 59.Amendment of the Licensing (Relevant Offences) (Scotland) Regulations 2007

        44. 60.Amendment of the Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007

        45. 61.Amendment of the Scottish Parliament (Elections etc.) Order 2007

        46. 62.Amendment of the European Communities (Recognition of Professional Qualifications) Regulations 2007

        47. 63.Amendment of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008

        48. 64.Amendment of the Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008

        49. 65.Amendment of the Cosmetic Products (Safety) Regulations 2008

        50. 66.Amendment of the Medicines (Pharmacies) (Responsible Pharmacist) Regulations 2008

        51. 67.Amendment of the Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 2008

        52. 68.Amendment of the Controlled Drugs (Supervision of Management and Use) (Wales) Regulations 2008

        53. 69.Diwygio Rheoliadau Cyffuriau a Reolir (Goruchwylio Rheolaeth a Defnydd) (Cymru) 2008

        54. 70.Amendment of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

        55. 71.Amendment of the Veterinary Medicines Regulations 2009

    6. SCHEDULE 5

      Transitional Provisions

      1. 1.Interpretation

      2. 2.Members of committees

      3. 3.Transfer of information to the Register

      4. 4.The register

      5. 5.Appealable registration decisions

      6. 6.(1) The revocation of article 44 of the 2007 Order...

      7. 7.Transitional arrangements: pharmacy technicians

      8. 8.Offences relating to the Register: pharmacy technicians

      9. 9.Education and training

      10. 10.Premises

      11. 11.Fees

      12. 12.Fitness to practise proceedings

      13. 13.(1) The revocation of Part 5 of and Part 4...

      14. 14.Proceedings under section 80 of the 1968 Act

      15. 15.Supply of information

      16. 16.Application of TUPE

      17. 17.Transfer of property, rights and liabilities

      18. 18.Grants and loans

      19. 19.Cancellation of elections to, and transitional measures relating to, the Council of the Society

    7. SCHEDULE 6

      Savings

      1. PART 1 Primary legislation

        1. 1.Medicines Act 1968

        2. 2.Income Tax (Earnings and Pensions) Act 2003

      2. PART 2 Secondary legislation

        1. 3.Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

        2. 4.National Health Service (Pharmaceutical Services) Regulations 1992

        3. 5.Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003

        4. 6.National Health Service (Pharmaceutical Services) Regulations 2005

  12. Explanatory Note

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