SCHEDULE 2TRANSITIONAL PROVISIONS
PART 1General
Interpretation of this Schedule and construction of old legislationI11
1
In this Schedule—
“appointed day” means—
- a
except in Part 3, the day specified under article 1 for the coming into force of article 10; and
- b
in Part 3, the day specified under article 1 for the coming into force of article 21;
- a
“Infringements Committee” means the Infringements Committee established under the Charter, as it continues in being by virtue of paragraph 3(a);
“old committees” means the Statutory Committee and the Infringements Committee;
“the old rules” means the regulations and rules made by the Council and the old committees in respect of the old committees’ procedures, in particular—
- a
the Regulations scheduled to the Pharmaceutical Society (Statutory Committee) Order of Council 197896; and
- b
the Royal Pharmaceutical Society of Great Britain Infringements Committee (Procedure) Rules 2005,
as they had effect immediately before the appointed day, but subject to the modifications in sub-paragraphs (2) and (3) and such other modifications as the Council considers appropriate in the circumstances of a case;
- a
“Register of Pharmacists” means, as the context requires, either the register maintained under article 10(1) or the register maintained under section 2(1) of the 1954 Act;
“relevant court” has the meaning given in section 4B(2) of the 1954 Act97;
“specified period” has the meaning given in section 2(2C) of the 1954 Act98;
“Statutory Committee” means the Statutory Committee established under section 7 of the 1954 Act, as it continues in being by virtue of paragraph 3(b); and
“voluntary register” means the voluntary register of pharmacy technicians maintained by the Society before the coming into force of article 21.
2
Where, by virtue of this Schedule, the Disciplinary Committee is to dispose of a case in accordance with the old rules and the 1954 Act, references in those rules—
a
to the Statutory Committee shall be construed, as appropriate, as references to the Disciplinary Committee; and
b
to the secretary or chairman of the Statutory Committee shall be construed, as appropriate, as references to the secretary or chair of the Disciplinary Committee.
3
Where, by virtue of this Schedule, the Disciplinary Committee or the Statutory Committee is to dispose of a case in accordance with the Regulations scheduled to the Pharmaceutical Society (Statutory Committee) Order of Council 1978, those Regulations shall apply as if they included provision—
a
enabling the Committee to award costs or expenses (to be assessed in such manner as the Committee considers just, but the award may not take into account costs or expenses incurred before the appointed day); and
b
allowing the award of—
i
costs which, by leave of the High Court, are to be enforced in the same manner as an order of the High Court to the same effect, and
ii
expenses which, by leave of the Court of Session, are to be enforced in the same manner as a decree of the Court of Session to the same effect.
4
Where provision is made in this Schedule for appeals to be disposed of in accordance with sections 10 and 11 of the 1954 Act—
a
those sections shall continue to apply for the purposes of disposing of those appeals, except that section 11 shall apply as if subsection (2) of that section were omitted; and
b
if the appeal is from the Disciplinary Committee, the reference in section 10(1) to the Statutory Committee shall be construed as a reference to the Disciplinary Committee.
Continuation in office of the Registrar and Deputy RegistrarI22
1
Any person kept appointed as Registrar under section 1 of the 1954 Act (appointment of registrar and other officers) immediately before article 9(1) comes into force shall be regarded as having been appointed under article 9(1).
2
Any person kept appointed as Deputy Registrar under section 1 of the 1954 Act immediately before article 9(2) comes into force shall be regarded as having been appointed under article 9(2).
Continuation of the old committeesI33
On and after the appointed day—
a
the Infringements Committee shall continue in being for the purposes of exercising the functions it retains by virtue of this Schedule; and
b
the Statutory Committee shall continue in being for the purposes of exercising the functions it retains by virtue of this Schedule, and while it continues in being, Schedule 1 of the 1954 Act shall continue to have effect in relation to it.
The Society’s byelawsI44
1
Notwithstanding the repeal of section 16 of the 1954 Act, byelaws under that section shall continue in force until they are superseded by rules made under this Order, but the Council may, pursuant to this paragraph, make byelaws amending or revoking any provision of those byelaws where it considers it necessary or expedient to do so for the purpose of dealing with any matter arising out of or related to the coming into force of any provision of this Order.
2
No byelaws under sub-paragraph (1) shall come into force until approved by order of the Privy Council.