Office of Public Sector Information

Article 68(1)

SCHEDULE 2 TRANSITIONAL PROVISIONS

PART 1 General

Interpretation of this Schedule and construction of old legislation

1.—(1) In this Schedule—

“appointed day” means—

“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—

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;

“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 Act(97);

“specified period” has the meaning given in section 2(2C) of the 1954 Act(98);

“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 Registrar

2.—(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 committees

3.  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 byelaws

4.—(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.

PART 2 Registration of pharmacy technicians

Entry in the Register of Pharmacy Technicians: persons on the voluntary register

5.—(1) Subject to sub-paragraph (3), if on the day before the appointed day a person’s name is included in—

(a) Part 1 of the voluntary register, he shall be registered in Part 1 of the Register of Pharmacy Technicians with effect from the appointed day; or

(b) Part 2 of the voluntary register, he shall be registered in Part 2 of the Register of Pharmacy Technicians with effect from the appointed day.

(2) If on the appointed day there is an outstanding application for a person’s name to be entered in the voluntary register (including an application for restoration to that register), the Council—

(a) may determine that his name is to be entered in the Register of Pharmacy Technicians; and

(b) shall dispose of the matter in such manner as it considers just.

(3) If on the appointed day a person’s name is included in the voluntary register but his registration is suspended (whether temporarily or permanently) or he is the subject of proceedings which, but for the closure of the voluntary register, could have led to his removal or suspension from the voluntary register, the Council—

(a) may determine that his name is not to be entered in the Register of Pharmacy Technicians; and

(b) shall dispose of the matter (including any proceedings) in such manner as it considers just.

Transitional arrangements in respect of persons practising as pharmacy technicians before the statutory register is opened

6.—(1) This paragraph applies to a person who does not meet the requirements of article 22(1)(a)(i) and (iii) but who applies to be registered in the Register of Pharmacy Technicians within two years of the appointed day.

(2) The Registrar may register a person to whom this paragraph applies in the Register of Pharmacy Technicians, where he has—

(a) undergone education or training which has provided him with a reasonable (in the opinion of the Registrar) foundation for future employment as a pharmacy technician; and

(b) demonstrated to the satisfaction of the Registrar that he possesses the knowledge, skill and experience requisite for practising as a registered pharmacy technician in England and Wales,

provided that, in doing so, he is acting in a manner which is consistent with the requirements of the Second General System Directive and the Second General System Regulations.

(3) The Society shall establish and publish from time to time in such manner as it sees fit criteria to which the Registrar is to have regard for the purposes of determining—

(a) whether or not particular education or training provides a person with a reasonable foundation for future employment as a pharmacy technician for the purposes of sub-paragraph (2)(a); and

(b) whether or not a person possesses the knowledge, skill and experience requisite for practising as a registered pharmacy technician in Great Britain for the purposes of sub-paragraph (2)(b).