SCHEDULE 1AMENDMENTS, REPEALS AND REVOCATIONS
PART 2Secondary legislation
Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975I112
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 1980I213
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 1980I314
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 1987I415
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 1992I516
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 1994I617
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) 1995I718
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 1996I819
The Pharmaceutical Qualifications (Recognition) Regulations 199669 are hereby revoked.
Amendment of the Prescription Only Medicines (Human Use) Order 1997I920
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 1999I1021
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 1999I1122
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 1999I1223
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 2000I1324
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 2001I1425
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 2001I1526
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 2001I1627
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 2002I1728
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 2002I1829
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 2002I1930
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 2003I2031
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 2003I2132
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 2003I2233
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 2004I2334
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 2004I2435
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 2004I2536
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 2004I2637
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 2004I2738
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 2004I2839
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 2004I2940
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 2004I3041
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 2005I3142
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 2005I3243
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 2005I3344
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 2005I3445
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”.