Office of Public Sector Information
Section 56.
1. An order may make provision, in relation to the profession, for any of the following matters (among others)—
(a) the constitution of the Council;
(b) keeping a register of members admitted to practice;
(c) education and training before and after admission to practice;
(d) privileges of members admitted to practice;
(e) standards of conduct and performance;
(f) discipline and fitness to practise;
(g) investigation and enforcement by or on behalf of the Council;
(h) appeals;
(i) default powers exercisable by a person other than the Council.
2.—(1) The power to make an order may be exercised by amending or repealing any statutory provision (including the Pharmacy (Northern Ireland) Order 1976 (NI 22)) and any other instrument or document.
(2) But an order may not amend any provision of the Medicines Act 1968 (c. 67) other than one contained in Part IV of that Act (pharmacies).
3. The power may be exercised so as to make provision for the delegation of functions, including provision conferring power to make, confirm or approve subordinate legislation.
4. The power may be exercised so as to make provision for the charging of fees.
5. The power may be exercised so as to—
(a) confer functions (including power to pay grants) on Northern Ireland Ministers or departments; or
(b) modify their functions.
6. The power may not be exercised so as to create any criminal offence, except an offence punishable on summary conviction with a fine not exceeding the amount specified as level 5 on the standard scale.
7.—(1) An order may not abolish the Council.
(2) An order may not impose any requirement which would have the effect that a majority of the members of the Council would be persons not included in the register of members admitted to practice.
8.—(1) An order may not provide for any person other than the Council or any of its [committees or] officers to exercise any of the following functions—
(a) keeping the register of members admitted to practice;
(b) determining standards of education and training for admission to practice;
(c) giving advice about standards of conduct and performance.
(2) An order may not provide for any functions conferred by Part IV of the Pharmacy (Northern Ireland) Order 1976 to be exercised otherwise than by the committee appointed under Article 19 of that Order.
9.—(1) No order shall be made unless a draft of the order has been laid before, and approved by resolution of, the Assembly.
(2) If it is proposed to lay a draft of an order before the Assembly, the Department must first—
(a) publish a draft of the order; and
(b) invite representations to be made to the Department about the draft by—
(i) persons appearing to the Department appropriate to represent the profession,
(ii) persons appearing to the Department appropriate to represent those provided with services by the profession; and
(iii) any other persons appearing to the Department appropriate to consult about the draft.
(3) After the end of the period of three months beginning with the publication of the draft, the Department may lay before the Assembly the draft as published or that draft with any modifications it considers appropriate, together with a report about the consultation.
10. In this Schedule—
“the Council” means the Council of the Pharmaceutical Society of Northern Ireland;
“order” means an order under section 56;
“the profession” means the profession of pharmaceutical chemist.
11. References to regulation of the profession in section 56 include—
(a) the regulation of persons seeking admission to practice or who were, but are no longer, allowed to practise as members of the profession;
(b) the regulation of activities carried on by persons who are not members of the profession but which are carried on in connection with the practice of the profession,
but do not include regulation in relation to any matters for which, by virtue of paragraph 12 of Schedule 3 to the Health Act 1999 (c. 8), provision may be made by an Order in Council under section 60 of that Act.
Section 60.
| Short Title | Extent of repeal |
|---|---|
| The Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14). | Article 15D(4). |
| In Article 90, paragraphs (5) and (6), paragraph (7)(c) and the word “and” immediately before it and in paragraph (8) the words following “Northern Ireland”. | |
| In Article 92 the words “or (5)(a)”. | |
| In Article 92A(1) the words “or (5)(a)”. | |
| Article 92A(7). | |
| Article 92B(3)(e) and (6). | |
| In Article 97(1) the word “or” at the end of sub-paragraph (c). | |
| The Local Government (Postponement of Elections and Reorganisation) (Northern Ireland) Order 1972 (NI 21) | In Part I of Schedule 1 the reference to paragraph 9 of Schedule 11 to the Health and Personal Social Services (Northern Ireland) Order 1972. |
| The National Health Service Act 1977 (c. 49). | In Schedule 15, paragraph 72 and the cross-headings immediately preceding it. |
| The Judicature (Northern Ireland) Act 1978 (c. 23). | In Part II of Schedule 5, the amendment to the Health and Personal Social Services (Northern Ireland) Order 1972. |
| The Road Traffic (Northern Ireland) Order 1981 (NI 1). | Article 99. |
| The Health and Social Security (Northern Ireland) Order 1984 (NI 8). | Article 4. |
| The Health and Personal Social Services (Amendment) (Northern Ireland) Order 1986 (NI 20). | Article 6(6) and (7). |
| The Health and Medicines (Northern Ireland) Order 1988 (NI 24). | Article 9. |
| The Health and Personal Social Services (Northern Ireland) Order 1991 (NI 1). | Article 5. |
| Article 8(2)(f), (g)(iv) and (h)(v). | |
| Article 14(5) and (6). | |
| In Article 14(8) the words “, (5), (6)”. | |
| Articles 17 to 20. | |
| Article 21(2). | |
| In Schedule 3, paragraph 16(d). | |
| In Schedule 4, paragraphs 3(2) and 4(2). | |
| In Part II of Schedule 5 the amendment to the Road Traffic (Northern Ireland) Order 1981. | |
| The Health and Personal Social Services (Northern Ireland) Order 1994 (NI 2). | Article 3(8). |
| In Schedule 1, the amendments to paragraph 6 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991. | |
| The Health and Personal Social Services (Amendment) (Northern Ireland) Order 1995 (NI 14). | The whole Order. |
| The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7) | Article 8(4) and (8). |
| Article 21(1A). | |
| The Health Services (Primary Care) (Northern Ireland) Order 1997 (NI 7). | Articles 15 and 19. |
| In Schedule 2, the amendments to Schedule 11 to the Health and Personal Social Services (Northern Ireland) Order 1972 and to Articles 17, 18 and 21(1) of the Health and Personal Social Services (Northern Ireland) Order 1991. | |
| The Commissioner for Complaints (Amendment) (Northern Ireland) Order 1997 (NI 14). | Article 6(3). |
Health and Personal Social Services Act (Northern Ireland) 2001