SCHEDULE 1AMENDMENTS, REPEALS AND REVOCATIONS
PART 1Primary legislation
Repeal of the Pharmacy Act 1954I11
The Pharmacy Act 195431 is repealed.
Amendment of the Medicines Act 1968I22
1
The Medicines Act 196832 is amended as follows.
2
In section 4033 (medicated animal feeding stuffs), in subsection (12), for the definition of “the registrar” substitute the following definition—
“the registrar” means the person appointed under article 9(1) of the Pharmacists and Pharmacy Technicians Order 2007 as Registrar for the purposes of that Order.
3
In section 5734 (power to extend or modify exemptions), in subsection (2D), for the definition of “the registrar” substitute the following definition—
“the registrar” means the person appointed under article 9(1) of the Pharmacists and Pharmacy Technicians Order 2007 as Registrar for the purposes of that Order.
4
In section 6935 (general provisions for Part 4), in subsection (3)—
a
in the definition of “the registrar”, for “appointed under section 1 of the Pharmacy Act 1954 as registrar for the purposes of that Act,” substitute “appointed under article 9(1) of the Pharmacists and Pharmacy Technicians Order 2007 as Registrar for the purposes of that Order,”;
b
after the definition of “the registrar” insert the following definitions—
“the relevant disciplinary committee” means—
- a
in relation to Great Britain, the Disciplinary Committee established under article 7(1)(b) of the Pharmacists and Pharmacy Technicians Order 2007; and
- b
in relation to Northern Ireland, the Statutory Committee appointed under Article 19 of the Pharmacy (Northern Ireland) Order 197636;
“relevant European State” means either an EEA State other than the United Kingdom or Switzerland.
c
omit the definition of “the Statutory Committee”.
5
In section 7037 (business carried on by individual pharmacist or by partners), as it has effect before its substitution by section 27 of the Health Act 2006—
a
in subsection (1) for “section 4A of the Pharmacy Act 1954 (qualification by European diploma), or any corresponding provision applying to Northern Ireland,” substitute “a qualification in pharmacy awarded in a relevant European State,”; and
b
in subsection (3), for “the Pharmacy Act 1954” substitute “Part 2 of the Pharmacists and Pharmacy Technicians Order 2007”.
6
In section 70, as it has effect after its substitution by section 27 of the Health Act 2006—
a
in subsection (3)(b), for “the Pharmacy Act 1954” substitute “Part 2 of the Pharmacists and Pharmacy Technicians Order 2007”; and
b
in subsection (5) for “section 4A of the Pharmacy Act 1954 (qualification by European diploma), or any corresponding provision applying to Northern Ireland” substitute “a qualification in pharmacy awarded in a relevant European State”.
7
In section 7138 (bodies corporate) as it has effect before its substitution by section 28 of the Health Act 2006, in subsection (1), for “section 4A of the Pharmacy Act 1954, or any corresponding provision applying to Northern Ireland,” substitute “a qualification in pharmacy awarded in a relevant European State,”.
8
In section 71 (business carried on by a body corporate) as it has effect after its substitution by section 28 of the Health Act 2006—
a
in subsection (3)(b), for “the Pharmacy Act 1954” substitute “Part 2 of the Pharmacists and Pharmacy Technicians Order 2007”; and
b
in subsection (5) for “section 4A of the Pharmacy Act 1954 (qualification by European diploma), or any corresponding provision applying to Northern Ireland” substitute “a qualification in pharmacy awarded in a relevant European State”.
9
In section 72 (representative of pharmacist in case of death or disability)—
a
in subsection (2B)39, for “the Pharmacy Act 1954” substitute “Part 2 of the Pharmacists and Pharmacy Technicians Order 2007”; and
b
in subsection (3)40, for “the Statutory Committee” substitute “the relevant disciplinary committee”.
10
In section 72B41 (section 72A: supplementary), in subsection (1)—
a
for “section 8 of the Pharmacy Act 1954” substitute “article 48(1)(a) of the Pharmacists and Pharmacy Technicians Order 2007”, and
b
for “Statutory Committee” substitute “the relevant disciplinary committee”.
11
In section 7842 (restrictions on use of titles, descriptions and emblems), in subsection (5), for “not a pharmacist” substitute “neither a pharmacist nor registered in Part 2 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”.
12
In section 8043 (power for Statutory Committee to disqualify and direct removal from register)—
a
in subsections (1) (twice), (2) (twice), (3) and (4) (twice), for “the Statutory Committee” substitute “the relevant disciplinary committee”; and
b
in subsection (5), after “the Pharmacy Act 1954,” insert “the Pharmacists and Pharmacy Technicians Order 2007,”,
and in the heading of that section, for “Statutory Committee” substitute “relevant disciplinary committee”.
13
In section 81 (grounds for disqualification in certain cases), in subsection (1)—
a
for “the Statutory Committee” substitute “the relevant disciplinary committee”; and
b
for “the Committee” (twice) substitute “the committee”.
14
In section 8244 (procedure relating to disqualification), in subsections (1) and (5), for “the Statutory Committee” substitute “the relevant disciplinary committee”.
15
In section 8345 (revocation of disqualification)—
a
in subsections (1) and (2), for “the Statutory Committee” substitute “the relevant disciplinary committee”; and
b
in subsection (2), for “the Committee” substitute “the committee”.
16
In section 13246 (general interpretation provisions), in subsection (1), in the definition of “pharmacist” for “the register of pharmaceutical chemists established in pursuance of the Pharmacy Act 1852 and maintained in pursuance of section 2(1) of the Pharmacy Act 1954,” substitute “Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007,”.
Amendment of the Poisons Act 1972I33
1
The Poisons Act 197247 is amended as follows.
2
In section 948 (inspection and enforcement)—
a
in subsection (1)—
i
in paragraph (a), for “subsections (2) and (3) of section 20 of the Pharmacy Act 1954 (offences relating to certificates)” substitute “articles 20 and 29 of the Pharmacists and Pharmacy Technicians Order 2007 (offences relating to the Register of Pharmacists and the Register of Pharmacy Technicians)”, and
ii
for “such number of inspectors as the Privy Council may direct” substitute “inspectors”;
b
in subsection (2), omit “, and every such appointment shall be subject to the approval of the Privy Council”;
c
in subsection (3) omit “with the approval of the Privy Council”; and
d
in subsection (4)(a), for the words “subsections (2) and (3) of section 20 of the Pharmacy Act 1954” substitute “articles 20 and 29 of the Pharmacists and Pharmacy Technicians Order 2007”.
3
In section 1149 (interpretation), in subsection (2), for the definition of “pharmacist” substitute the following definition—
“pharmacist” means a person registered in Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007;
Amendment of the National Health Service (Scotland) Act 1978I44
1
The National Health Service (Scotland) Act 197850 is amended as follows.
2
In section 2751 (arrangements for the provision of pharmaceutical services), in subsection (4)(ba), for “under the Pharmacy Act 1954 by virtue of section 4A of that Act (qualification by European diploma)” substitute “in the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007 by virtue of a qualification in pharmacy awarded in an EEA State other than the United Kingdom, or in Switzerland,”
3
In section 2852 (persons authorised to provide pharmaceutical services), after subsection (2B) insert the following subsection—
2C
Where—
a
arrangements have been made under this Part with a registered pharmacist; and
b
his registration is suspended by virtue of any direction or order under the Pharmacists and Pharmacy Technicians Order 2007,
he shall not provide any services under those arrangements during the period of the suspension.
4
In section 10853 (interpretation and construction), for the definition of “registered pharmacist” substitute the following definition—
“registered pharmacist” means a pharmacist registered in Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007;
Amendment of the Value Added Tax Act 1994I55
1
The Value Added Tax Act 199454 is amended as follows.
2
In Part 2 of Schedule 8 (zero rating – the Groups: drugs, medicines, aids for the handicapped), in item 1 in Group 12, for “the register of pharmaceutical chemists kept under the Pharmacy Act 1954 or” substitute “the Register of Pharmacists maintained under the Pharmacists and Pharmacy Technicians Order 2007 or in the register of pharmaceutical chemists kept under”.
3
In Part 2 of Schedule 9 (exemptions – the Groups: health and welfare), in item 3 in Group 7, for “the register of pharmaceutical chemists kept under the Pharmacy Act 1954 or” substitute “the Register of Pharmacists maintained under the Pharmacists and Pharmacy Technicians Order 2007 or in the register of pharmaceutical chemists kept under”.
Repeal of the Pharmacists (Fitness to Practise) Act 1997I66
The Pharmacists (Fitness to Practise) Act 199755 is repealed.
Amendment of the Data Protection Act 1998I77
In section 69 of the Data Protection Act 199856 (meaning of “health professional”), in subsection (1)(d), for “a registered pharmaceutical chemist as defined by section 24(1) of the Pharmacy Act 1954” substitute “a registered pharmacist or registered pharmacy technician within the meaning of the Pharmacists and Pharmacy Technicians Order 2007”.
Amendment of the National Health Service Reform and Health Care Professions Act 2002I88
1
The National Health Service Reform and Health Care Professions Act 200257 is amended as follows.
2
In section 26 (powers and duties of the Council for the Regulation of Health Care Professionals: general), in subsection (5)—
a
for “or an officer or committee of the Society”, where it first appears, substitute “a member of its staff or one of its committees”;
b
for paragraph (a) substitute the following paragraph—
a
conferred on the Society (or its Council, a member of its staff or one of its committees) by or by virtue of the Pharmacists and Pharmacy Technicians Order 2007,
c
in paragraph (b), for “an Order in Council” substitute “another Order in Council”; and
d
for paragraph (c) substitute the following paragraph—
c
otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the professions regulated by the Pharmacists and Pharmacy Technicians Order 2007.
3
In section 2958 (references of disciplinary cases by Council to court), in subsection (1), for paragraph (a) substitute the following paragraph—
a
a direction of the Disciplinary Committee of the Royal Pharmaceutical Society of Great Britain under article 52 of the Pharmacists and Pharmacy Technicians Order 2007 (which gives the Disciplinary Committee powers to direct suspension of registration, the attachment of conditions to registration or removal from the registers) or section 80 of the Medicines Act 1968 (power to disqualify and direct removal from register),
Amendment of the Income Tax (Earnings and Pensions) Act 2003I99
In section 343 of the Income Tax (Earnings and Pensions) Act 200359 (deduction for professional membership fees), in the Table in subsection (2), in paragraph 1 (health professionals) for sub-paragraph (l) substitute the following sub-paragraphs—
l
the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007,
m
the Register of Pharmacy Technicians maintained under 21(1) of the Pharmacists and Pharmacy Technicians Order 2007,
n
the register of pharmaceutical chemists kept under Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976.
Amendment of the National Health Service Act 2006I1010
1
The National Health Service Act 200660 is amended as follows.
2
In section 129 (regulations as to pharmaceutical services), in subsection (6)(c), for “under the Pharmacy Act 1954 (c. 61) by virtue of section 4A of that Act (qualification by European diploma)” substitute “in the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007 by virtue of a qualification in pharmacy awarded in an EEA State other than the United Kingdom, or in Switzerland,”.
3
In section 132 (persons authorised to provide pharmaceutical services)—
a
in subsection (8), for paragraph (b) substitute the following paragraph—
b
his registration is suspended by virtue of any direction or order under the Pharmacists and Pharmacy Technicians Order 2007,
b
omit subsection (9).
4
In section 275 (interpretation), in subsection (1), for the definition of “registered pharmacist” substitute the following definition—
“registered pharmacist” means a pharmacist registered in Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007;
Amendment of the National Health Service (Wales) Act 2006I1111
1
The National Health Service (Wales) Act 200661 is amended as follows.
2
In section 83 (regulations as to pharmaceutical services), in subsection (6)(c), for “under the Pharmacy Act 1954 (c. 61) by virtue of section 4A of that Act (qualification by European diploma)” substitute “in the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007 by virtue of a qualification in pharmacy awarded in an EEA State other than the United Kingdom, or in Switzerland,”.
3
In section 86 (persons authorised to provide pharmaceutical services)—
a
in subsection (8), for paragraph (b) substitute the following paragraph—
b
his registration is suspended by virtue of any direction or order under the Pharmacists and Pharmacy Technicians Order 2007,
b
omit subsection (9).
4
In section 206 (interpretation), in subsection (1), for the definition of “registered pharmacist” substitute the following definition—
“registered pharmacist” means a pharmacist registered in Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007;
PART 2Secondary legislation
Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975I1212
In Schedule 1 to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 197562 (excepted professions, offices, employments, work and occupations)—
a
in Part 1 (professions), for paragraph 8 substitute the following paragraphs—
8
Registered pharmacist.
8A
Registered pharmacy technician.
b
in Part 4 (interpretation), after the definition of “registered osteopath” insert the following definitions—
“registered pharmacist” means a person who is registered in the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007;
“registered pharmacy technician” means a person who is registered in the register maintained under article 21(1) of the Pharmacists and Pharmacy Technicians Order 2007;
Amendment of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980I1313
In regulation 1 of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 198063 (citation, commencement and interpretation), in the definition of “relevant register” in paragraph (2), for “the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954” substitute “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”.
Amendment of the Medicines (Pharmacy and General Sale – Exemption) Order 1980I1414
In regulation 1 of the Medicines (Pharmacy and General Sale – Exemption) Order 198064 (citation, commencement and interpretation), in the definition of “relevant register” in paragraph (2), for “the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954” substitute “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”.
Amendment of the Pharmaceutical Qualifications (EEC Recognition) Order 1987I1515
Omit article 2 of the Pharmaceutical Qualifications (EEC Recognition) Order 198765 (amendment of the Pharmacy Act 1954).
Amendment of the National Health Service (Pharmaceutical Services) Regulations 1992I1616
In the National Health Service (Pharmaceutical Services) Regulations 199266—
a
in regulation 2 (interpretation), in paragraph (1)—
i
in the definition of “relevant register” for “the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954 (the registers and registration)” substitute “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”, and
ii
in the definition of “supplementary prescriber”, for paragraph (ii) substitute the following paragraph—
ii
Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007,
b
in regulation 4 (pharmaceutical lists), in paragraph (5), for “to have his name registered under the Pharmacy Act 1954 by virtue of section 4A of that Act (qualification by European diploma)” substitute “as a pharmacist in an EEA State other than the United Kingdom, or in Switzerland,”.
Amendment of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994I1717
In regulation 1 of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 199467 (citation, commencement and interpretation), in the definition of “relevant register” in paragraph (2), for “the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954” substitute “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”.
Amendment of the National Health Service (Pharmaceutical Services) (Scotland) 1995I1818
In the National Health Service (Pharmaceutical Services) (Scotland) Regulations 199568—
a
in regulation 2 (interpretation), in paragraph (1)—
i
in the definition of “supplementary prescriber”, for paragraph (b) substitute the following paragraph—
b
Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007,
b
in regulation 5 (pharmaceutical lists), in paragraph (13), for “to have his name registered under the Pharmacy Act 1954 by virtue of section 4A of that Act (qualification by European diploma)” substitute “as a pharmacist in an EEA State other than the United Kingdom, or in Switzerland,”.
Revocation of the Pharmaceutical Qualifications (Recognition) Regulations 1996I1919
The Pharmaceutical Qualifications (Recognition) Regulations 199669 are hereby revoked.
Amendment of the Prescription Only Medicines (Human Use) Order 1997I2020
In article 1 of the Prescription Only Medicines (Human Use) Order 199770 (citation, commencement and interpretation), in the definition of “relevant register” in paragraph (2), for “the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954” substitute “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”.
Amendment of the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999I2121
In the Schedule to the Transfer of Functions (Lord Advocate and Secretary of State) Order 199971 (functions transferred from the Lord Advocate to the Secretary of State), omit “Pharmacy Act 1954 (c.61), Schedule 1C, paragraph 3;”.
Amendment of the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999I2222
In Schedule 1 to the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 199972 (functions exercisable in or as regards Scotland: general), omit paragraph 2 (Pharmacy Act 1954 (c.61)).
Amendment of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999I2323
In Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 199973 (enactments conferring functions transferred to the Scottish Ministers)—
a
in column 1 (enactment), omit “The Pharmacy Act 1954 (c.61), Schedule 1C, paragraph 3(4)(b)”; and
b
in column 2 (restrictions and requirements), opposite the entry to be omitted by virtue of sub-paragraph (a), omit “Functions of the Secretary of State only.”.
Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2000I2424
In regulation 2 of the National Health Service (Charges for Drugs and Appliances) Regulations 200074 (interpretation)—
a
in sub-paragraph (a) of the definition of “pharmacist independent prescriber”, for “the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954” substitute “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”; and
b
in sub-paragraph (a) of the definition of “supplementary prescriber” in paragraph (1), for paragraph (ii) substitute the following paragraph—
ii
Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007;
Amendment of the National Health Service (Charges for Drugs and Appliances) (Wales) Regulations 2001I2525
In regulation 2 of the National Health Service (Charges for Drugs and Appliances) (Wales) Regulations 200175 (interpretation), in the definition of “supplementary prescriber” in paragraph (1), for sub-paragraph (b) substitute the following sub-paragraph—
b
Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007; or
Amendment of the Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 2001I2626
In the Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 200176—
a
in regulation 2 (interpretation), for the definition of “registered pharmaceutical chemist” substitute the following definition—
“registered pharmacist” means a person registered in Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007;
b
in the Schedule (classes of persons who may countersign an application under section 26 of the Act), for “Registered pharmaceutical chemists” substitute “Registered pharmacists”.
Amendment of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001I2727
In regulation 2 of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 200177 (interpretation), in the definition of “supplementary prescriber” in paragraph (1), for sub-paragraph (b) substitute the following sub-paragraph—
b
Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007;
Amendment of the Council for the Regulation of Health Care Professionals (Appointment etc.) Regulations 2002I2828
In regulation 4 of the Council for the Regulation of Health Care Professionals (Appointment etc.) Regulations 200278 (conditions of appointment applicable to certain appointments), in paragraph (2)(b), for “the Pharmacy Act 1954” substitute “the Pharmacists and Pharmacy Technicians Order 2007”.
Amendment of the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002I2929
In Part 1 of Schedule 2 to the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 200279 (regulated professions – professions regulated by law or public authority)—
a
in the column headed “Profession”, after “licensed lighterman” insert “pharmacy technician”; and
b
in the column headed “Designated Authority”, opposite “pharmacy technician” in the column headed “Profession” insert “Royal Pharmaceutical Society of Great Britain”.
Amendment of the Adults with Incapacity (Ethics Committee) (Scotland) Regulations 2002I3030
In regulation 3 of the Adults with Incapacity (Ethics Committee) (Scotland) Regulations 200280 (membership of the Committee) for “registered pharmaceutical chemist defined by section 24(1) of the Pharmacy Act 1954” substitute “pharmacist registered in Part 1 of one of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”.
Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003I3131
In Schedule 4 to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 200381 (excepted professions, offices, employments, and occupations)—
a
in Part 1 (professions), for paragraph 8 substitute the following paragraph—
8
Registered pharmacist.
b
in Part 4 (interpretation), after the definition of “registered osteopath” insert the following definition—
“registered pharmacist” means a person who is registered in the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007;
Amendment of the European Qualifications (Health Care Professions) Regulations 2003I3232
In the European Qualifications (Health Care Professions) Regulations 200382—
a
in regulation 1 (citation, commencement, interpretation and extent), in paragraph (2), omit the definition of “the Pharmacy Act”; and
b
omit regulation 8 (Pharmacy Act) and Schedule 3 (pharmacists).
Amendment of the Medicines (Child Safety) Regulations 2003I3333
In regulation 1 of the Medicines (Child Safety) Regulations 200383 (citation, commencement and interpretation), in the definition of “relevant register” in paragraph (2), for “the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954” substitute “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”.
Amendment of the National Health Service (General Medical Services Contracts) Regulations 2004I3434
In regulation 2 of the National Health Service (General Medical Services Contracts) Regulations 200484 (interpretation), in paragraph (1)—
a
in the definition of “pharmacist independent prescriber”, for “the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954” substitute “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”;
b
in the definition of “relevant register” for “the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954” substitute “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”; and
c
in sub-paragraph (b) of the definition of “supplementary prescriber”, for paragraph (ii) substitute the following paragraph—
ii
Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007,
Amendment of the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004I3535
In regulation 2 of the National Health Service (General Medical Services Contracts) (Wales) Regulations 200485 (interpretation), in paragraph (1)—
a
in the definition of “relevant register” for “the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954” substitute “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”; and
b
in sub-paragraph (b) of the definition of “supplementary prescriber”, for paragraph (ii) substitute the following paragraph—
ii
Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007, or
Amendment of the National Health Service (Personal Medical Services Agreements) Regulations 2004I3636
In regulation 2 of the National Health Service (Personal Medical Services Agreements) Regulations 200486 (interpretation), in paragraph (1)—
a
in the definition of “pharmacist independent prescriber”, for “the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954” substitute “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”;
b
in the definition of “relevant register” for “the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954 (the registers and registration)” substitute “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”; and
c
in sub-paragraph (b) of the definition of “supplementary prescriber”, for paragraph (ii) substitute the following paragraph—
ii
Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007,
Amendment of the Medicines for Human Use (Clinical Trials) Regulations 2004I3737
In regulation 2 of the Medicines for Human Use (Clinical Trials) Regulations 200487 (interpretation), in paragraph (1), for sub-paragraph (a) of the definition of “pharmacist” substitute the following sub-paragraph—
a
in relation to Great Britain, a person registered in Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007, and
Amendment of the European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004I3838
Omit regulation 13 of the European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 200488 (Pharmacy Act 1954).
Amendment of the Cosmetic Products (Safety) Regulations 2004I3939
In regulation 9 of the Cosmetic Products (Safety) Regulations 200489 (product information), in paragraph (5), for sub-paragraph (a) substitute the following sub-paragraph—
a
subject to paragraph (6) below, a person who is “appropriately qualified” within the meaning of article 11(1)(a)(i) of the Pharmacists and Pharmacy Technicians Order 2007 or any other person who has the right, granted by a competent authority of a Member State, to take up and pursue the activities of a pharmacist;
Amendment of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004I4040
In regulation 2 of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 200490 (interpretation)—
a
in the definition of “relevant register”, for “the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954” substitute “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”; and
b
for sub-paragraph (b) of the definition of “supplementary prescriber” substitute the following sub-paragraph—
b
Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007,
Amendment of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004I4141
In regulation 2 of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 200491 (interpretation)—
a
in the definition of “relevant register”, for “the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954” substitute “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”; and
b
for sub-paragraph (b) of the definition of “supplementary prescriber” substitute the following sub-paragraph—
b
Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007,
Amendment of the National Health Service (Pharmaceutical Services) Regulations 2005I4242
In the National Health Service (Pharmaceutical Services) Regulations 200592—
a
in regulation 2 (interpretation), in paragraph (1)—
i
in the definition of “pharmacist independent prescriber”, for “the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954” substitute “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”,
ii
in the definition of “relevant register” for “the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954 (the registers and registration)” substitute “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”, and
iii
in the definition of “supplementary prescriber”, for paragraph (ii) substitute the following paragraph—
ii
Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007,
b
in regulation 11 (refusal: general provisions), in paragraph (1), for “to have his name registered under the Pharmacy Act 1954 by virtue of section 4A of that Act (qualification by European diploma)” substitute “as a pharmacist in an EEA State other than the United Kingdom, or in Switzerland,”; and
c
in paragraph (6) of regulation 54 (temporary provision of services during a period of suspension) for “to have his name registered under the Pharmacy Act 1954 by virtue of section 4A (qualification by appropriate European diploma for registration) of that Act” substitute “as a pharmacist in an EEA State other than the United Kingdom, or in Switzerland,”.
Amendment of the Medicines for Human Use (Prescribing) Order 2005I4343
In article 1 of the Medicines for Human Use (Prescribing) Order 200593 (citation, commencement, extent and interpretation), in the definition of “relevant register” in paragraph (4), for “the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954” substitute “Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”.
Amendment of the Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No. 2) Order 2005I4444
In article 5 of the Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No. 2) Order 200594 (disclosure for medical purposes), in paragraph (3)(c), for “a registered pharmaceutical chemist within the meaning of section 24(1) of the Pharmacy Act 1954” substitute “a pharmacist or pharmacy technician registered in Part 1 of one of the registers maintained under articles 10(1) and 21(1) of the Pharmacists and Pharmacy Technicians Order 2007”.
Amendment of the Gender Recognition (Disclosure of Information (Scotland) Order 2005I4545
In article 5 of the Gender Recognition (Disclosure of Information) (Scotland) Order 200595 (disclosure for medical purposes), in paragraph (2)(b)(iii), for “a registered pharmaceutical chemist within the meaning of section 24(1) of the Pharmacy Act 1954” substitute “a pharmacist registered in Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007”.