UK Statutory Instrument SI 2010 United Kingdom

Pharmacy Order 2010

This Order makes provision for the establishment of the General Pharmaceutical Council (“the Council”) and sets out the arrangements for the regulation by the Council of the professions of pharmacist and pharmacy technician in Great Britain. It also amends and supplements various provisions in Part 4 of the Medicines Act …

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
GPhC
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 3 of 31 obligations carry an unlimited fine. 2 carry different penalties and 26 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person8 Employee3 Trader1

Plus 19 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Employee — also bound by 189 other Acts
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Preliminary

0 of 3 sections shown
3 other sections in this Part — procedural and definitional
s.001 Citation and commencement (opens in a new tab)
s.002 Extent (opens in a new tab)
s.003 Interpretation (opens in a new tab)
Part 2

The Council and its Committees

0 of 3 sections shown
3 other sections in this Part — procedural and definitional
s.004 The Council and its Committees (opens in a new tab)
s.art005 Standards and requirements: consultation and review
s.art006 The Council’s general duties
Part 3

Registered Pharmacies: Standards in retail pharmacies

6 of 11 sections shown
s.007 Standards: general (opens in a new tab) Regulated
  • Meet GPhC standards for retail pharmacy businessesTrader
s.008 The Inspectorate (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GPhC must establish an inspectorate to monitor pharmacy complianceStatutory regulator
s.009 Inspection and enforcement (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GPhC must set inspection rules and may publish pharmacy inspection reportsStatutory regulator
s.012 Obstruction: offences (opens in a new tab) Prosecution
  • Obstruct inspector or withhold/falsify informationAny Person

Fine up to £1,000

s.014 Non-compliance with improvement notices (opens in a new tab) Prosecution
  • Fail to comply with improvement noticeAny Person

Unlimited fine

s.015 Offences committed by partnerships (opens in a new tab) Prosecution
  • Offences committed by partnershipsAny Person

Unlimited fine

5 other sections in this Part — procedural and definitional
s.010 Power of entry (opens in a new tab)
s.011 Powers of an inspector (opens in a new tab)
s.013 Improvement notices (opens in a new tab)
s.016 Appeals against improvement notices (opens in a new tab)
s.017 Powers of a court on appeal (opens in a new tab)
Part 4

Registration

9 of 29 sections shown
s.020 Entitlement to entry in Part 1 or 2 of the Register: pharmacists and pharmacy technicians (opens in a new tab) Regulated
  • Register as a pharmacist or pharmacy technicianAny Person
s.024 Notification by the Registrar: entry and renewal (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GPhC must process pharmacist and technician registrations within set timelinesStatutory regulator
s.026 Notice of entry in the Register (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GPhC Registrar must issue notice of entry in the RegisterStatutory regulator
s.029 Corrections to the Register (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GPhC Registrar must maintain and correct the pharmacy registersStatutory regulator
s.032 Indemnity arrangements (opens in a new tab) Regulated
  • Maintain appropriate professional indemnity insuranceEmployee
s.038 Offences relating to the Register (opens in a new tab) Prosecution
  • Misrepresent pharmacy registration or use unregistered titlesAny Person

Unlimited fine

s.art020 Article 20: further provision relating to specified state professionals Regulated
Other duties (1) — Crown / regulator
  • GPhC must set aptitude tests and adaptation periods for certain professionalsStatutory regulator
s.art023 Supplementary provisions as to necessary knowledge of English Regulated
Other duties (1) — Crown / regulator
  • GPhC must publish guidance on English language requirementsStatutory regulator
s.art036 Additional requirements for specified state professionals Regulated
Other duties (1) — Crown / regulator
  • GPhC must ensure registration fees for certain professionals are fairStatutory regulator
20 other sections in this Part — procedural and definitional
s.018 The Registrar (opens in a new tab)
s.019 Establishment, maintenance of and access to the Register (opens in a new tab)
s.021 Pre-entry requirements in respect of qualifications and additional education, training or experience: pharmacists (opens in a new tab)
s.022 Pre-entry requirements in respect of qualifications and additional education, training or experience: pharmacy technicians (opens in a new tab)
s.023 Form, manner and content of applications for entry or for renewal of an entry in the Register: pharmacists and pharmacy technicians (opens in a new tab)
s.025 Duration of entry (opens in a new tab)
s.027 Specialisations: registrants and registered pharmacies (opens in a new tab)
s.028 Registrants’ duties with regard to their entries (opens in a new tab)
s.030 Fitness to practise matters before entry or renewal of an entry (opens in a new tab)
s.031 Voluntary removal from the Register (opens in a new tab)
s.033 Visiting pharmacists and pharmacy technicians from relevant European States (opens in a new tab)
s.034 Temporary entry with regard to emergencies involving loss of human life or human illness etc. (opens in a new tab)
s.035 Temporary annotations with regard to emergencies involving loss of human life or human illness etc. (opens in a new tab)
s.036 Fees in connection with entry (opens in a new tab)
s.037 Restoration to the Register of persons or premises removed from the Register (opens in a new tab)
s.039 Appealable decisions (opens in a new tab)
s.040 Appeals to the Appeals Committee (opens in a new tab)
s.041 Appeals from the Appeals Committee (opens in a new tab)
s.european professional card European professional card
s.european qualifications: pharmacists European qualifications: pharmacists
Part 5

Education, training and acquisition of experience and continuing professional development

5 of 7 sections shown
s.043 Continuing professional development (opens in a new tab) Regulated
  • Maintain and record continuing professional development (CPD)Employee
s.044 Specific obligations and powers of the Council in respect of education and training (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GPhC must set pharmacy education standards and manage training premisesStatutory regulator
s.045 Visitors (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GPhC must send inspection reports to providers and allow for responsesStatutory regulator
s.046 Information to be given by institutions or other providers (opens in a new tab) Regulated
  • Provide information and assistance to the GPhC upon requestAny Person
s.047 Refusal or withdrawal of approval of courses, qualifications and institutions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GPhC must follow due process before withdrawing course or institution approvalStatutory regulator
2 other sections in this Part — procedural and definitional
s.042 Education, training and acquisition of experience (opens in a new tab)
s.professional traineeships carried out in other rel Professional traineeships carried out in other relevant European States, etc.
Part 6

Fitness to practise

7 of 15 sections shown
s.048 Standards of conduct and performance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GPhC must set and publish standards for pharmacy professionalsStatutory regulator
s.052 Initial action in respect of allegations (opens in a new tab) Regulated
  • Provide employment and engagement details to the GPhC during an investigationEmployee
s.053 Consideration by the Investigating Committee (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GPhC Investigating Committee must decide on fitness to practise referralsStatutory regulator
s.054 Consideration by the Fitness to Practise Committee (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GPhC Fitness to Practise Committee must determine and act on allegationsStatutory regulator
s.055 Professional performance assessments (opens in a new tab) Regulated
  • Produce professional records to GPhC assessors upon requestAny Person
s.057 Restoration of names to the Register: fitness to practise (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GPhC must refer restoration applications to the Fitness to Practise CommitteeStatutory regulator
s.art048 Information for specified state professionals Regulated
Other duties (1) — Crown / regulator
  • GPhC must provide information and respond to enquiries from state professionalsStatutory regulator
8 other sections in this Part — procedural and definitional
s.049 Disclosure of information: general (opens in a new tab)
s.050 Disclosure of fitness to practise matters in the public interest (opens in a new tab)
s.051 Impairment of fitness to practise (opens in a new tab)
s.056 Interim orders (opens in a new tab)
s.058 Appeals against appealable fitness to practise decisions (opens in a new tab)
s.059 The taking effect of directions in respect of appealable fitness to practise decisions (opens in a new tab)
s.060 Interim measures pending a direction taking effect (opens in a new tab)
s.knowledge of english assessments Knowledge of English assessments
Part 7

Proceedings

1 of 4 sections shown
s.061 Rules in respect of proceedings (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GPhC must establish procedural rules for fitness to practise and appealsStatutory regulator
3 other sections in this Part — procedural and definitional
s.062 Procedure for the Fitness to Practise Committee and the Appeals Committee (opens in a new tab)
s.063 Legal advisers (opens in a new tab)
s.064 Clinical and other specialist advisers (opens in a new tab)
Part 8

Miscellaneous

0 of 7 sections shown
7 other sections in this Part — procedural and definitional
s.065 General fees (opens in a new tab)
s.066 Rules (opens in a new tab)
s.067 The Directive: designation of competent authority etc. (opens in a new tab)
s.068 Amendments, repeals and revocations (opens in a new tab)
s.069 Transitional, transitory and saving provisions (opens in a new tab)
s.070 Privy Council procedures etc. (opens in a new tab)
s.071 Review (opens in a new tab)
Schedules

Schedules

3 of 140 shown
s.sch001 Accounts Regulated
Other duties (1) — Crown / regulator
  • GPhC must keep and publish audited annual accountsStatutory regulator
s.sch005 Fitness to practise proceedings Regulated
Other duties (1) — Crown / regulator
  • GPhC must dispose of legacy fitness-to-practise cases fairlyStatutory regulator
s.sch005 Offences relating to the Register: pharmacy technicians Regulated
  • Use protected title or practise as pharmacy technician before registration deadlineAny Person
137 other schedules
s.005 Transitional Provisions (opens in a new tab)
s.006 Savings (opens in a new tab)
s.sch001 Membership: general
s.sch001 Matters for the order of the Privy Council under article 4(2)
s.sch001 Powers of the Council
s.sch001 Registration of members’ private interests
s.sch001 The statutory committees
s.sch001 The Council’s duties in respect of publications
s.sch001 Annual reports, statistical information and strategic plans
s.sch002 Application and interpretation
s.sch002 Registration in respect of the provision of occasional services
s.sch002 Entitlement to provide occasional pharmacy services: first year
s.sch002 First provision of services: required documents
s.sch002 First provision of services: supplementary
s.sch002 Entitlement to provide occasional pharmacy services after the first year: renewals
s.sch002 Duration of entitlement to provide occasional pharmacy services
s.sch002 Conditions
s.sch002 Registration in respect of provision of occasional pharmacy services
s.sch002 Entitlement to provide occasional pharmacy services: first year
s.sch002 First provision of services: required documents
s.sch002 First provision of services: visiting practitioners from Northern Ireland
s.sch002 First provision of services: supplementary
s.sch002 Entitlement to provide occasional pharmacy services after the first year: renewals
s.sch002 Duration of entitlement to provide occasional pharmacy services
s.sch002 Conditions
s.sch002 Application and interpretation
s.sch002a Directive 2005/36/EC: European professional card
s.sch002a Introductory
s.sch002a European professional cards for establishment in a host State other than the United Kingdom
s.sch002a Issue of European professional card for establishment in Great Britain
s.sch002a Issue of European professional card for the provision of occasional pharmacy services in a host State other than the United Kingdom
s.sch002a Variation of a European professional card for the provision of occasional pharmacy services in a host State other than the United Kingdom
s.sch002a Requirement to register: establishment cases
s.sch002a Entitlement to registration: provision of occasional pharmacy services
s.sch002a Conditions in relation to fitness to practise: providers of occasional pharmacy services
s.sch002a Interpretation
s.sch002a Council not to request resubmission of valid documents
s.sch002a Power to revoke a European professional card
s.sch002a Rectification of the European professional card or the IMI file
s.sch002a Duty to give reasons and to notify of right of appeal
s.sch002a Updating the IMI file: disciplinary action or criminal sanctions
s.sch002a Access to data
s.sch002a Processing data
s.sch004 Amendment of the Medicines Act 1968
s.sch004 Amendment of the National Health Service Reform and Health Care Professions Act 2002
s.sch004 Amendment of the Income Tax (Earnings and Pensions) Act 2003
s.sch004 Amendment of the Health Act 2006
s.sch004 Amendment of the National Health Service Act 2006
s.sch004 Amendment of the National Health Service (Wales) Act 2006
s.sch004 Amendment of the Safeguarding Vulnerable Groups Act 2006
s.sch004 Amendment of the Protection of Vulnerable Groups (Scotland) Act 2007
s.sch004 Amendment of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973
s.sch004 Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
s.sch004 Amendment of the Medicines (Bal Jivan Chamcho Prohibition) (No 2) Order 1977
s.sch004 Amendment of the Poisons Act 1972
s.sch004 Amendment of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980
s.sch004 Amendment of the Medicines (Pharmacy and General Sale – Exemption) Order 1980
s.sch004 Amendment of the Employment Agencies Act 1973 (Exemption) (No 2) Regulations 1984
s.sch004 Amendment of the Medicines (Fixing of Fees Relating to Medicinal Products for Human Use) Order 1989
s.sch004 Amendment of the National Health Service (Pharmaceutical Services) Regulations 1992
s.sch004 Amendment of the National Health Service (Service Committees and Tribunal) Regulations 1992
s.sch004 Amendment of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994
s.sch004 Amendment of the Prescription Only Medicines (Human Use) Order 1997
s.sch004 Amendment of the Building Societies (Business Names) Regulations 1998
s.sch004 Amendment of the Feeding Stuffs (Enforcement) Regulations 1999
s.sch004 Amendment of the Race Relations Act 1976
s.sch004 Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2000
s.sch004 Amendment of the Representation of the People (England and Wales) Regulations 2001
s.sch004 Amendment of the Representation of the People (Scotland) Regulations 2001
s.sch004 Amendment of the Family Health Services Appeal Authority (Procedure) Rules 2001
s.sch004 Amendment of the Misuse of Drugs Regulations 2001
s.sch004 Amendment of the Adults with Incapacity (Ethics Committee) (Scotland) Regulations 2002
s.sch004 Amendment of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002
s.sch004 Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003
s.sch004 Amendment of the Medicines (Child Safety) Regulations 2003
s.sch004 Amendment of the National Health Service (Tribunal) (Scotland) Regulations 2004
s.sch004 Amendment of the National Health Service (Scotland) Act 1978
s.sch004 Amendment of the National Health Service (General Medical Services Contracts) Regulations 2004
s.sch004 Amendment of the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004
s.sch004 Amendment of the National Health Service (Personal Medical Services Agreements) Regulations 2004
s.sch004 Amendment of the Medicines for Human Use (Clinical Trials) Regulations 2004
s.sch004 Amendment of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004
s.sch004 Amendment of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004
s.sch004 Amendment of the Regulation of Care (Social Service Workers) (Scotland) Order 2005
s.sch004 Amendment of the National Health Service (Pharmaceutical Services) Regulations 2005
s.sch004 Amendment of the Medicines for Human Use (Prescribing) Order 2005
s.sch004 Amendment of the Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No. 2) Order 2005
s.sch004 Amendment of the Value Added Tax Act 1994
s.sch004 Amendment of the Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005
s.sch004 Amendment of the Gender Recognition (Disclosure of Information) (Scotland) Order 2005
s.sch004 Amendment of the National Health Service (Discipline Committees) (Scotland) Regulations 2006
s.sch004 Amendment of the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006
s.sch004 Amendment of the Controlled Drugs (Supervision of Management and Use) Regulations 2006
s.sch004 Amendment of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007
s.sch004 Diwygio Rheoliadau’r Gwasanaeth Iechyd Gwladol (Presgripsiynau am Ddim a Ffioedd am Gyffuriau a Chyfarpar) (Cymru) 2007
s.sch004 Amendment of the National Assembly for Wales (Representation of the People) Order 2007
s.sch004 Revocation of the Pharmacists and Pharmacy Technicians Order 2007
s.sch004 Amendment of the Licensing (Relevant Offences) (Scotland) Regulations 2007
s.sch004 Amendment of the Data Protection Act 1998
s.sch004 Amendment of the Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007
s.sch004 Amendment of the Scottish Parliament (Elections etc.) Order 2007
s.sch004 Amendment of the European Communities (Recognition of Professional Qualifications) Regulations 2007
s.sch004 Amendment of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008
s.sch004 Amendment of the Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008
s.sch004 Amendment of the Cosmetic Products (Safety) Regulations 2008
s.sch004 Amendment of the Medicines (Pharmacies) (Responsible Pharmacist) Regulations 2008
s.sch004 Amendment of the Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 2008
s.sch004 Amendment of the Controlled Drugs (Supervision of Management and Use) (Wales) Regulations 2008
s.sch004 Diwygio Rheoliadau Cyffuriau a Reolir (Goruchwylio Rheolaeth a Defnydd) (Cymru) 2008
s.sch004 Amendment of the Health Act 1999
s.sch004 Amendment of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009
s.sch004 Amendment of the Veterinary Medicines Regulations 2009
s.sch004 Amendment of the Regulation of Investigatory Powers Act 2000
s.sch004 Amendment of the Freedom of Information Act 2000
s.sch005 Interpretation
s.sch005 Premises
s.sch005 Fees
s.sch005 (1) The revocation of Part 5 of and Part 4...
s.sch005 Proceedings under section 80 of the 1968 Act
s.sch005 Supply of information
s.sch005 Application of TUPE
s.sch005 Transfer of property, rights and liabilities
s.sch005 Grants and loans
s.sch005 Cancellation of elections to, and transitional measures relating to, the Council of the Society
s.sch005 Members of committees
s.sch005 Transfer of information to the Register
s.sch005 The register
s.sch005 Appealable registration decisions
s.sch005 (1) The revocation of article 44 of the 2007 Order...
s.sch005 Transitional arrangements: pharmacy technicians
s.sch005 Education and training
s.sch006 Medicines Act 1968
s.sch006 Income Tax (Earnings and Pensions) Act 2003
s.sch006 Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
s.sch006 National Health Service (Pharmaceutical Services) Regulations 1992
s.sch006 Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003
s.sch006 National Health Service (Pharmaceutical Services) Regulations 2005

Help complying

Guvnor’s practical routes through this instrument.

Run a healthcare business

Ongoing compliance for CQC-registered healthcare providers covering inspections, professional registration, safeguarding, clinical governance, medicines management, and staff obligations

Healthcare compliance quick check

Quick compliance check for experienced healthcare providers. Covers CQC registration, professional registrations, DBS checks, medicines audit, controlled drugs register, IPC audit, fire …
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Healthcare professional registration requirements Run a retail pharmacy or optical business

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