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Imposition of practising conditions and suspension from the register
Miscellaneous provisions relating to the Pharmaceutical Society
An Act to consolidate certain enactments relating to pharmacy with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949.
[25th November 1954]F1
F1Act: power to modify conferred (15.3.2000) by 1999 c. 8, s. 60(1)(2)(a)(4), Sch. 3; S.I. 2000/779, art. 2(1)
(1)The Council of the Pharmaceutical Society of Great Britain shall keep a fit and proper person appointed as registrar for the purposes of this Act, and may, for those purposes, appoint a deputy registrar and such clerks and other subordinate officers as the Council think fit.
(2)The Council may pay a suitable salary to any person appointed in pursuance of this section.
(3)The Council may terminate the appointment of any person so appointed.
(1)It shall be the duty of the registrar—
(a)to maintain, in accordance with byelaws and the provisions of this Act, the Register of Pharmaceutical Chemists established in pursuance of the M1Pharmacy Act 1852, which shall contain the names and addresses, and such other particulars (if any) as are prescribed, of all persons who in accordance with those provisions are entitled to have their names registered;
(b)to cause to be prepared, in such form as is for the time being prescribed, and to be printed, published and put on sale in every year, a list (to be known as “The Annual Register of Pharmaceutical Chemists”) of all names which were on the register on the last day of the preceding year.
(2)Subject to the provisions of this Act, a person shall be entitled to have his name registered if he—
(a)satisfies the registrar, or on appeal the Council, that, in accordance with provisions of [F1section 3 or 4A of this Act] or of any byelaw made under section four of this Act, he is qualified to have his name registered; and
(b)pays to the Society such fee in respect of the registration as is prescribed;
and different fees may be prescribed in relation to registrations in pursuance of different provisions mentioned in paragraph (a) of this subsection.
(3)Every registered pharmaceutical chemist shall pay to the Society such fee as is prescribed in respect of the retention of his name on the register in any year or, in the case of a person whose name is first registered in or after the year in which this Act comes into operation (other than a person whose name has at any time been registered under the M2Pharmacy Act 1868) in respect of such retention in any year subsequent to the year in which his name is first registered; and different fees may be prescribed for different classes of registered pharmaceutical chemists, and provision may be made by byelaws for exempting any class of registered pharmaceutical chemists from liability to pay any such fee.
F1Words substituted by S.I. 1987/2202, art. 2(2)
M11852 c. 56.
M21868 c. 121.
(1)It shall be the duty of the Council to appoint examiners to hold examinations for the purposes of this Act (including separate examiners for Scotland to hold examinations at such place or places in Scotland as the Council determine); but the appointment of any person as such an examiner shall not—
(a)take effect until it is approved by the Privy Council;
(b)continue in force for more than five years from the date on which it is made.
(2)Such examination fee as is prescribed shall be payable to the Society by every candidate at any such examination.
(3)It shall be the duty of the Society to permit any person appointed in that behalf by the Privy Council to be present throughout any such examination.
(4)The subjects at any such examination shall be the latin language, botany, materia medica, pharmaceutical and general chemistry and such other subjects (excluding the theory and practice of medicine, surgery and midwifery) as are prescribed; and byelaws may provide—
(a)for periods of time and courses of study in connection with such examinations and for dividing such examinations into two or more parts;
(b)that no person may be a candidate at any such examination unless he satisfies the Council that he has received such a general education as the Council consider adequate for a registered pharmaceutical chemist;
(c)that no such certificate as is mentioned in the next following subsection shall be granted to any person in consequence of any such examination unless he satisfies the Council that he has received such practical training in the subjects of the examination as the Council consider adequate.
(5)Subject to the foregoing provisions of this section, the examiners may grant a certificate of competence to practise as a pharmaceutical chemist to any person who satisfies them at any such examination that he is competent so to practise; and a person to whom such a certificate is granted shall be qualified to have his name registered.
(1)Byelaws may provide that any person who satisfies such conditions as to character and otherwise as are prescribed by the byelaws and either holds or has held a degree granted in respect of pharmacy by any university in the United Kingdom or a diploma granted in respect of pharmacy in any place outside the United Kingdom or has passed the examinations necessary for obtaining such a diploma shall be qualified to have his name registered—
(a)without his qualifying to have his name registered in accordance with the requirements of the last foregoing section and of byelaws made thereunder; or
(b)upon his so qualifying in accordance with those requirements relaxed to the prescribed extent.
(2)Byelaws may provide that any person who is—
(a)a qualified military dispenser; or
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(c)registered as a pharmaceutical chemist in Northern Ireland,
and who satisfies the Council that he has sufficient skill and knowledge to practise as a pharmaceutical chemist shall be qualified to have his name registered without his qualifying as mentioned in paragraph (a) of the last foregoing subsection.
[F2(3)The references in subsection (1) above to a diploma granted in respect of pharmacy in any place outside the United Kingdom shall not include references to a diploma by which a person is qualified by virtue of section 4A(2)(a) of this Act to have his name registered.]
F1S. 4(2)(b) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. V
F2S. 4(3) inserted by S.I. 1987/2202, art. 2(3)
(1)Any national of a member State who holds an appropriate European diploma and satisfies such conditions (if any) as to character and as to physical and mental health as may be prescribed shall be qualified to have his name registered; and where a name is registered by virtue of this section an indication that the name has been registered in respect of an appropriate European diploma shall be entered in the register against that name.
[F2(1A)Any person who—
(a)is not a national of a member State, but
(b)is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68F3 or any other enforceable Community right, entitled to be treated, for the purposes of access to the profession of pharmacy, no less favourably than a national of such a State,
shall be treated for the purposes of subsection (1) above as if he were such a national.]
(2)Subject to subsections (3) to (5) of this section, the following diplomas are appropriate European diplomas for the purposes of this section, namely—
(a)any diploma specified in Schedule 1A to this Act; F4. . .
(b)any diploma in pharmacy which is not so specified but has been granted in a member State either before the implementation date or to a person who commenced the training of which the diploma is evidence before that date.
[F5(c)any diploma in pharmacy which is not so specified but is evidence of training commenced before 3rd October 1990 and undertaken on the territory of the former German Democratic Republic.]
(3)A diploma granted in a member State before the implementation date or granted to a person who began the training of which the diploma is evidence before that date is not an appropriate European diploma for the purposes of this section unless—
(a)in the case of a diploma specified in Schedule 1A to this Act, either—
(i)the diploma [F6is evidence of] training that would have satisfied the requirements laid down by the Pharmacists Training Directive; or
(ii)the competent authorities of any member State have certified that the holder of the diploma has lawfully practised pharmacy for at least three consecutive years during the five years preceding the date of the certificate;
or
[F7(b)in the case of any diploma falling within subsection (2) (b) of this section—
(i)the diploma is evidence of training which would satisfy the requirements of Article 2 of the Pharmacists Training Directive and is treated by the competent authorities of the member State in which it was awarded as equivalent to a diploma specified in Schedule 1A to this Act; or
(ii)the competent authorities of any member State have certified that the holder of the diploma has lawfully practised pharmacy for at least three consecutive years during the five years preceding the date of the certificate.]
[F8(3A)A diploma such as is mentioned in subsection (2)(c) of this section is not an appropriate European diploma for the purposes of this section unless—
(a)it entitles its holder to practise pharmacy throughout the territory of Germany on the same conditions as those applying to the holder of a diploma specified in paragraph 4(1) of Schedule 1A to this Act; and
(b)the competent authorities in Germany have certified that the holder of the diploma has lawfully practised pharmacy in Germany for at least three consecutive years during the five years preceding the date of the certificate.]
(4)Where under subsection (2) of section 2 of this Act it falls to the registrar or the Council to determine whether or not any of the conditions specified in subsection (3) of this section is satisfied in relation to any diploma—
(a)the satisfaction of the condition specified in paragraph (a)(i) of the said subsection (3) may be established by the production of a certificate of the competent authorities of the member State in relation to which the diploma is specified in Schedule 1A to this Act, or otherwise; and
[F9(aa)the satisfaction of the condition specified in paragraph (b)(i) of the said subsection (3), or paragraph (a) of subsection (3A), may be established by the production of a certificate of the competent authorities of the member State in which the diploma was awarded, or otherwise,]
(b)the satisfaction of the condition specified in paragraph (a)(ii) [F10or (b)(ii), or paragraph (b) of subsection (3A),] of the said subsection (3) shall be established by the production of the relevant certificate, and not otherwise.
(5)Where at any time during the period of the Greek derogation the name of any person is registered in respect of the qualification specified in paragraph 5 of Schedule 1A to this Act or in respect of any other diploma awarded in the Hellenic Republic—
(a)an indication that the registration is subject to the provisions of this subsection shall be entered in the register against that name; and
(b)the registration shall not authorise the person whose name is registered to do anything for which registration is required by any provision made by or under the Medicines Act M11968, the Misuse of Drugs Act M21971 or the Poisons Act M31972, except as an employed person.
(6)In this section and Schedule 1A to this Act—
“competent authorities”, in relation to a member State, means any authority or body designated by that member State in accordance with Community Council Directive No.M485/433/EEC, as amended by Community Council Directive M585/584/EEC[F11and Community Council Directive 90/658/EEC]M6, concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy;
“employed person” means an employed person in accordance with Council Regulation (EEC) No.M71612/68 on freedom of movement for workers within the Community;
“the implementation date”, in relation to a member State, means the date on which that State implemented the Pharmacists Training Directive;
“national”, in relation to a member State, means the same as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of M8Accession is not to benefit from Community provisions relating to the free movement of persons and services;
“the period of the Greek derogation” means the period during which the Hellenic Republic makes use of the derogation provided by paragraph 1 of Article 3 of Community Council Directive No.85/433/EEC; and
“the Pharmacists Training Directive” means Community Council Directive No.M985/432/EEC concerning the co-ordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy.
(7)For the purposes of this section a member State is to be regarded as having implemented the Pharmacists Training Directive on the date notified to the Commission of the European Communities as that on which it did so.]
F1S. 4A inserted by S.I. 1987/2202, art. 2(4)
F2S. 4A(1A) inserted (28.6.1996) by S.I. 1996/1405, reg. 2(2)
F3OJ No. L 257, 19.10.68, p. 2 (OJ/SE 1968 II) p. 475 amended by Council Regulation (EEC) No. 312/76 (OJ No. L039, 14.02.76, p. 2).
F4Word in s. 4A(2)(a) repealed (28.6.1996) by S.I. 1996/1405, reg. 2(3)
F5S. 4A(2)(c) inserted (28.6.1996) by S.I. 1996/1405, reg. 2(3)
F6Words in s. 4A(3)(a)(i) substituted (28.6.1996) by S.I. 1996/1405, reg. 2(4)(a)
F7S. 4A(3)(b) substituted (28.6.1996) by S.I. 1996/1405, reg. 2(4)(b)
F8S. 4A(3A) inserted (28.6.1996) by S.I. 1996/1405, reg. 2(5)
F9S. 4A(aa) inserted (28.6.1996) by S.I. 1996/1405, reg. 2(6)(a)
F10Words in s. 4A(4)(b) substituted (28.6.1996) by S.I. 1996/1405, reg. 2(6)(b)
F11Words in s. 4A(6) inserted (28.6.1996) by S.I. 1996/1405, reg. 2(7)
C1S. 4A restricted (31.3.1995) by S.I. 1995/414, reg. 5(13)
M11968 c.67(84).
M21971 c.38(84).
M31972 c.66(84).
M4O.J. No. L253/37.
M5O.J. No. L372/42.
M6OJ No.L 353,17.12.90,p. 73
M7O.J. No. L257/2.
M8Cmnd. 5179–I/247.
M9O.J. No. L253/34.
(1)Subject to the provisions of the next following subsection, it shall be the duty of the Council, on the demand of any registered pharmaceutical chemist, to issue to him without fee a certificate of registration signed by the registrar and countersigned by either the President of the Society or two members of the Council.
(2)There shall be no obligation on the Council to issue a further such certificate as aforesaid to a person to whom such a certificate has already been issued, unless the person—
(a)satisfies the registrar that the original certificate, and any further certificate already issued to him, has been lost or destroyed; and
(b)pays to the Society such fee (if any) in respect of the further certificate as is prescribed.
[F1(3)Any certificate of registration issued to any person under this section shall reproduce any indication entered in the register against that person’s name in pursuance of section 4A(1) or (5)(a) of this Act.]
(1)Any document purporting to be a print of the Annual Register of Pharmaceutical Chemists printed and published by authority of the registrar in any year shall, at any time before the publication of the said Annual Register for the succeeding year, be admissible in any proceedings as evidence that any person named therein is, and that any person not named therein is not, a registered pharmaceutical chemist.
(2)Any such certificate as is mentioned in the last foregoing section shall be admissible in any proceedings as evidence that the person named therein as a registered pharmaceutical chemist is a registered pharmaceutical chemist.
For the purposes of this Act there shall be appointed a committee of the Society (to be known as “the Statutory Committee”), and the provisions of the First Schedule to this Act shall have effect in relation to the Statutory Committee.
(1)Where—
(a)a person applying to have his name registered, or
(b)a registered pharmaceutical chemist or any person employed by him in the carrying on of his business, or
(c)a person whose name has been removed from the register under section twelve of this Act or any person employed by him as aforesaid,
has been convicted of any such criminal offence or been guilty of such misconduct (being in a case falling within paragraph (c) of this subsection a conviction or misconduct which took place either before or after the removal of the name) as in the opinion of the Statutory Committee renders the convicted or guilty person unfit to have his name on the register, the Committee may, after enquiring into the matter—
(i)in a case falling within paragraph (a) of this subsection, direct that the applicant’s name shall not be registered, or shall not be registered until the Committee otherwise directs;
(ii)in a case falling within paragraph (b) thereof, direct the registrar to remove the name of the registered pharmaceutical chemist from the register;
(iii)in a case falling within paragraph (c) thereof, direct that the name removed from the register shall not be restored thereto, or shall not be restored thereto until the Committee otherwise directs;
and, where the Committee directs that a name shall be removed from the register or shall not until the Committee otherwise directs be registered or restored to the register, the Committee may also direct that no application to the Committee in respect of its registration, or as the case may be its restoration to the register, shall be entertained thereafter until the expiration of such period as is specified in the direction or the fulfilment of such conditions as are so specified.
[F1(1A)Where the Statutory Committee is satisfied that any person is subject to a disqualifying decision the Committee shall be entitled to exercise its powers under subsection (1) of this section in relation to that person on the assumption that the grounds on which the decision was expressed to be made constitute such misconduct rendering that person unfit to have his name on the register as would (apart from this subsection) justify the exercise of those powers.
Pharmacy Act 1954