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The Pharmacists and Pharmacy Technicians Order 2007
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 50:
- Sch. A1 A2 inserted by S.I. 2007/3101 reg. 97
- Order revoked by S.I. 2010/231 Sch. 4 para. 58
- art .006(3) substituted by S.I. 2009/1182 Sch. 3 para. 4(b) (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
- art .006(1)(1A) substituted for art. 6(1) by S.I. 2009/1182 Sch. 3 para. 4(a) (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
- art .006(4) words inserted by S.I. 2009/1182 Sch. 3 para. 4(c) (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
- art .025(a) words substituted by S.I. 2009/1182 Sch. 3 para. 10 (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
- art. 3(3) inserted by S.I. 2009/1182 Sch. 3 para. 2
- art. 4(2)(b)(iv)(v) substituted for art. 4(2)(b)(iv) by S.I. 2009/1182 Sch. 3 para. 3(b)
- art. 12(1)(c)(ii)(aa) words inserted by S.I. 2007/3101 reg. 75(a)(iii)(bb)
- art. 12(1)(ba) inserted by S.I. 2007/3101 reg. 75(a)(ii)
- art. 12(1A) inserted by S.I. 2007/3101 reg. 75(b)
- art. 17(1)(b)(ia) inserted by S.I. 2007/3101 reg. 78(a)(ii)
- art. 17(4)-(10) substituted for art. 17(4)-(6) by S.I. 2007/3101 reg. 78(b)
- art. 18A inserted by S.I. 2007/3101 reg. 80
- art. 19A 19B inserted by S.I. 2009/1182 Sch. 3 para. 6
- art. 28(1)(b)(ia) inserted by S.I. 2007/3101 reg. 86(b) (This amendment comes into force on the day S.I. 2007/289, art. 21 comes into force. That provision came into force on 1.7.2009 as notified in the Gazettes dated 19.6.2009 (see S.I. 2007/289, arts. 1(2)(c) and (3)))
- art. 28A 28B inserted by S.I. 2007/3101 reg. 87 (This amendment comes into force on the day S.I. 2007/289, art. 21 comes into force. That provision came into force on 1.7.2009 as notified in the Gazettes dated 19.6.2009 (see S.I. 2007/289, arts. 1(2)(c) and (3)))
- art. 30(3)(f) inserted by S.I. 2009/1182 Sch. 3 para. 11(a)(iii)
- art. 30(6) inserted by S.I. 2009/1182 Sch. 3 para. 11(b)
- art. 33(2)(a)(iii) and word inserted by S.I. 2007/3101 reg. 88(a)
- art. 39(2A)-(2D) inserted by S.I. 2007/3101 reg. 91(b)
- art. 40(1A) inserted by S.I. 2007/3101 reg. 92(b)
- art. 40(1A) words inserted by S.I. 2009/1182 Sch. 3 para. 14
- art. 42(1)(aa) inserted by S.I. 2007/3101 reg. 93(c)
- art. 42(1)(ea) inserted by S.I. 2007/3101 reg. 93(g) (This amendment comes into force on the day S.I. 2007/289, art. 21 comes into force. That provision came into force on 1.7.2009 as notified in the Gazettes dated 19.6.2009 (see S.I. 2007/289, arts. 1(2)(c) and (3)))
- art. 42(1)(fa) inserted by S.I. 2007/3101 reg. 93(h) (This amendment comes into force on the day S.I. 2007/289, art. 21 comes into force. That provision came into force on 1.7.2009 as notified in the Gazettes dated 19.6.2009 (see S.I. 2007/289, arts. 1(2)(c) and (3)))
- art. 42(1)(za) inserted by S.I. 2007/3101 reg. 93(a)
- art. 49(1A) inserted by S.I. 2009/1182 Sch. 3 para. 19(a)
- art. 64A inserted by S.I. 2007/3101 reg. 95
- art. 69(1A)(1B) inserted by S.I. 2009/1182 Sch. 3 para. 25(a) (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Order revoked by S.I. 2010/231 Sch. 4 para. 58
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. A1 A2 inserted by S.I. 2007/3101 reg. 97
- art .006(3) substituted by S.I. 2009/1182 Sch. 3 para. 4(b) (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
- art .006(1)(1A) substituted for art. 6(1) by S.I. 2009/1182 Sch. 3 para. 4(a) (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
- art .006(4) words inserted by S.I. 2009/1182 Sch. 3 para. 4(c) (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
- art .025(a) words substituted by S.I. 2009/1182 Sch. 3 para. 10 (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
- art. 3(3) inserted by S.I. 2009/1182 Sch. 3 para. 2
- art. 4(2)(b)(iv)(v) substituted for art. 4(2)(b)(iv) by S.I. 2009/1182 Sch. 3 para. 3(b)
- art. 12(1)(c)(ii)(aa) words inserted by S.I. 2007/3101 reg. 75(a)(iii)(bb)
- art. 12(1)(ba) inserted by S.I. 2007/3101 reg. 75(a)(ii)
- art. 12(1A) inserted by S.I. 2007/3101 reg. 75(b)
- art. 17(1)(b)(ia) inserted by S.I. 2007/3101 reg. 78(a)(ii)
- art. 17(4)-(10) substituted for art. 17(4)-(6) by S.I. 2007/3101 reg. 78(b)
- art. 18A inserted by S.I. 2007/3101 reg. 80
- art. 19A 19B inserted by S.I. 2009/1182 Sch. 3 para. 6
- art. 28(1)(b)(ia) inserted by S.I. 2007/3101 reg. 86(b) (This amendment comes into force on the day S.I. 2007/289, art. 21 comes into force. That provision came into force on 1.7.2009 as notified in the Gazettes dated 19.6.2009 (see S.I. 2007/289, arts. 1(2)(c) and (3)))
- art. 28A 28B inserted by S.I. 2007/3101 reg. 87 (This amendment comes into force on the day S.I. 2007/289, art. 21 comes into force. That provision came into force on 1.7.2009 as notified in the Gazettes dated 19.6.2009 (see S.I. 2007/289, arts. 1(2)(c) and (3)))
- art. 30(3)(f) inserted by S.I. 2009/1182 Sch. 3 para. 11(a)(iii)
- art. 30(6) inserted by S.I. 2009/1182 Sch. 3 para. 11(b)
- art. 33(2)(a)(iii) and word inserted by S.I. 2007/3101 reg. 88(a)
- art. 39(2A)-(2D) inserted by S.I. 2007/3101 reg. 91(b)
- art. 40(1A) inserted by S.I. 2007/3101 reg. 92(b)
- art. 40(1A) words inserted by S.I. 2009/1182 Sch. 3 para. 14
- art. 42(1)(aa) inserted by S.I. 2007/3101 reg. 93(c)
- art. 42(1)(ea) inserted by S.I. 2007/3101 reg. 93(g) (This amendment comes into force on the day S.I. 2007/289, art. 21 comes into force. That provision came into force on 1.7.2009 as notified in the Gazettes dated 19.6.2009 (see S.I. 2007/289, arts. 1(2)(c) and (3)))
- art. 42(1)(fa) inserted by S.I. 2007/3101 reg. 93(h) (This amendment comes into force on the day S.I. 2007/289, art. 21 comes into force. That provision came into force on 1.7.2009 as notified in the Gazettes dated 19.6.2009 (see S.I. 2007/289, arts. 1(2)(c) and (3)))
- art. 42(1)(za) inserted by S.I. 2007/3101 reg. 93(a)
- art. 49(1A) inserted by S.I. 2009/1182 Sch. 3 para. 19(a)
- art. 64A inserted by S.I. 2007/3101 reg. 95
- art. 69(1A)(1B) inserted by S.I. 2009/1182 Sch. 3 para. 25(a) (This effect comes into force on the coming into force of art. 21 of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289). That provision was brought into force on 1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104))
Consideration by the Investigating CommitteeE+W+S
50.—(1) Where an allegation or a matter has been referred to the Investigating Committee under this Order by the Registrar (referred to in this article as “the allegation”), it shall decide whether the allegation ought to be considered by the Disciplinary Committee or the Health Committee.
(2) If the Investigating Committee decides that the allegation need not be considered by the Disciplinary Committee or the Health Committee, unless the person who is the subject of the allegation (referred to in this article as “the person concerned”) has requested a referral under paragraph (3)—
(a)the Investigating Committee may issue—
(i)a warning or advice to the person concerned in connection with any matter arising out of or related to the allegation, and
(ii)advice to any other person or other body involved in its investigation of the allegation on any matter arising out of or related to the allegation; and
(b)the Registrar shall inform the person concerned and the person who made the allegation, if any, of the Committee’s decision and any action it is taking under sub-paragraph (a).
(3) If the Investigating Committee decides that the allegation ought to be considered by the Disciplinary Committee or the Health Committee or the person concerned has requested a referral under this paragraph—
(a)the Investigating Committee shall refer the allegation—
(i)in the case of an allegation that the person concerned’s fitness to practise is impaired by reason only of adverse physical or mental health, to the Health Committee,
(ii)in the case of an allegation that the person concerned’s fitness to practise is impaired by reason of adverse physical or mental health and by reason of other matters, to the Health Committee or the Disciplinary Committee, whichever one the Investigating Committee considers more appropriate, or
(iii)in any other case, to the Disciplinary Committee;
(b)where the Investigating Committee is of the opinion that the committee to which it is referring the allegation should consider making an interim order under article 54, it shall notify the committee accordingly; and
(c)the Registrar shall inform the person concerned and the person who made the allegation, if any, of the Investigating Committee’s decision to refer the allegation to the Health Committee or the Disciplinary Committee.
(4) If, having considered an allegation, the Investigating Committee is of the opinion that the Society should consider exercising any of its powers to bring criminal proceedings under any enactment, it shall notify the Registrar accordingly.
Commencement Information
I1Art. 50 in force at made date for specified purposes, see art. 1(2)(b)
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