Pharmacists and Pharmacy Technicians (Registration) (Jersey) Law 2010

Pharmacists and Pharmacy Technicians (Registration) (Jersey) Law 2010

Arrangement

Article

INTRODUCTORY PROVISIONS  81

1             Interpretation. 81

2             Register 82

3             List of registered pharmacists and pharmacy technicians to be kept 82

REGISTRATION OF PHARMACISTS  82

4             Person not to falsely hold self out as being registered pharmacist etc. 82

5             Application for registration as a pharmacist 83

6             Registration. 83

7             Conditions of registration. 83

8             Certificate of registration. 84

9             Request for cancellation of registration. 84

10           Cancellation of registration otherwise than on request 84

11           Suspension. 85

12           Application for amendment of direction. 86

13           Appeal 86

14           Annual return. 87

REGISTRATION OF PHARMACY TECHNICIANS  87

15           Person not to falsely hold self out as being registered pharmacy technician etc. 87

16           Application for registration as a pharmacy technician. 88

17           Registration. 88

18           Conditions of registration. 89

19           Certificate of registration. 89

20           Request for cancellation of registration. 89

21           Cancellation of registration otherwise than on request 89

22           Suspension. 91

23           Application for amendment of direction. 91

24           Appeal 92

25           Annual return. 92

CONCLUDING PROVISIONS  93

26           Fraudulent statements and abuse of certificates. 93

27           Service of notices. 93

28           Amendment of enactments. 93

29           Orders. 95

30           Citation and commencement 95

 


Pharmacists and Pharmacy Technicians (Registration) (Jersey) Law 2010

A LAW to regulate the practice of pharmacy, to provide for the regulation of pharmacy technicians, and for connected purposes.

Adopted by the States                                             3rd February 2010

Sanctioned by Order of Her Majesty in Council       31st March 2010

Registered by the Royal Court                                     16th April 2010

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

PArt 1

INTRODUCTORY PROVISIONS

1        Interpretation

In this Law, unless the context otherwise requires –

Minister” means the Minister for Health and Social Services;

register” means the register kept under Article 2(1);

registered” means registered as a pharmacist, or a pharmacy technician, under this Law;

registration fee” means –

(a)     in relation to the registration of a person as a pharmacist, the registration fee determined under Article 5(3); and

(b)     in relation to the registration of a person as a pharmacy technician, the registration fee determined under Article 16(3).

2        Register

(1)     The Minister shall keep and maintain a register of persons registered as pharmacists or pharmacy technicians.

(2)     Upon registering a person as a pharmacist or pharmacy technician, the Minister shall enter in the register the prescribed information in respect of the person.

(3)     The Minister shall remove from the register the name of a person who has died, who has requested the cancellation of his or her registration under Article 9 or 20 or whose registration has been cancelled under Article 10 or 21.

3        List of registered pharmacists and pharmacy technicians to be kept

The Minister shall ensure that a list of the names of registered pharmacists and registered pharmacy technicians, showing such information regarding their qualification for registration as may be prescribed, shall be available for viewing at all reasonable times by members of the public, without charge, at a place determined by the Minister.

PART 2

REGISTRATION OF PHARMACISTS

4        Person not to falsely hold self out as being registered pharmacist etc.

(1)     A person shall not –

(a)     represent himself or herself as being registered under this Law as a pharmacist unless he or she is so registered and his or her registration under this Law as a pharmacist is not suspended;

(b)     represent himself or herself as having any qualification, or authority to practise as a pharmacist that is a qualification or authority prescribed under Article 6(1)(a) as a requirement for registration under this Law, unless he or she has such qualification or authority and, in the case of authority to practise, the authority is not suspended;

(c)     use the title “registered pharmacist” unless he or she is registered as a pharmacist under this Law and his or her registration under this Law as a pharmacist is not suspended; or

(d)     represent himself or herself as having a specialist title or specialisation unless he or she is permitted, by a qualification or authority to practise as a pharmacist conferred in another country or territory, that is a qualification or authority prescribed under Article 6(1)(a) as a requirement for registration under this Law, to hold himself or herself out, in that country or territory, as having that specialist title or specialisation, and the permission is not suspended in that country or territory.

(2)     A person who contravenes paragraph (1) commits an offence and shall be liable to a fine of level 4 on the standard scale.

5        Application for registration as a pharmacist

(1)     A person may apply to the Minister for registration under this Law as a pharmacist.

(2)     An application for registration as a pharmacist shall –

(a)     contain the prescribed particulars; and

(b)     be accompanied by –

(i)      the prescribed proof that the applicant fulfils the requirements prescribed under Article 6(1)(a), and

(ii)      the registration fee.

(3)     The Minister may determine a registration fee for the purposes of paragraph (2)(b)(ii).

6        Registration

(1)     The Minister shall, after receiving an application for registration that complies with the requirements of Article 5(2), register the applicant as a pharmacist if the Minister is satisfied that –

(a)     the applicant fulfils the prescribed requirements for registration; and

(b)     the application is not made within a period specified in a direction under Article 10(3) that is in force in relation to the applicant.

(2)     The Minister shall, before refusing to register an applicant as a pharmacist by reason of the application not complying with the requirements of Article 5(2), give the applicant an opportunity to make his or her application compliant with the requirements of that provision.

(3)     The Minister shall not register an applicant as a pharmacist if the Minister is not satisfied as to the matters described in sub-paragraph (a) and (b) of paragraph (1).

(4)     The Minister shall, upon refusing an application for registration –

(a)     serve notice on the applicant of his or her decision and the reasons for it; and

(b)     refund the registration fee paid by the applicant.

7        Conditions of registration

(1)     The Minister may, if he or she thinks it necessary to do so –

(a)     to protect members of the public;

(b)     because it is otherwise in the public interest; or

(c)     in the interests of the person,

impose a condition on the registration of a person as a pharmacist.

(2)     A condition may be imposed under paragraph (1) at the time of, or after, registration.

(3)     A condition imposed under paragraph (1) shall remain in force for the period specified in the registration of the person as the period for which the condition shall remain in force.

(4)     A period specified under paragraph (3) shall not exceed 18 months.

(5)     The Minister shall impose any mandatory condition of registration that is prescribed.

8        Certificate of registration

(1)     The Minister shall issue a certificate of registration to a person who is registered as a pharmacist.

(2)     The Minister may issue a further certificate of registration to a person who is registered as a pharmacist if the Minister is satisfied the certificate of registration formerly issued to the person has been lost, stolen or damaged.

9        Request for cancellation of registration

(1)     A person registered as a pharmacist may, at any time, request the Minister to cancel the person’s registration.

(2)     A request under paragraph (1) shall be made in writing.

(3)     The Minister shall, upon receiving a request under paragraph (1), cancel the person’s registration.

10      Cancellation of registration otherwise than on request

(1)     The Minister shall cancel a person’s registration as a pharmacist if –

(a)     the person ceases to fulfil the requirements for registration prescribed under Article 6(1)(a);

(b)     the registration under this Law was obtained by fraudulent means; or

(c)     the person has not, within 60 days of having being requested to do so by the Minister by notice in writing, provided to the Minister the return required to be provided by Article 14.

(2)     The Minister may cancel a person’s registration as a pharmacist if the person –

(a)     is convicted (whether or not in Jersey) of an offence of a kind that, in the opinion of the Minister, makes the person unfit to be a pharmacist;

(b)     has failed to comply with a condition imposed under Article 7(1) or (5) on his or her registration;

(c)     is found by the Minister to have engaged in behaviour that constituted a contravention of, or a failure to comply with, any term or condition of any authority to practise as a pharmacist by virtue of which authority the person fulfils the requirements for registration prescribed under Article 6(1)(a); or

(d)     is found by the Minister to have engaged in conduct (including a failure to adequately supervise an employee) of a kind that, in the opinion of the Minister, makes the person unfit to be a pharmacist.

(3)     The Minister may, if he or she has cancelled a person’s registration under paragraph (1)(b) or (2), direct that the person shall not be registered under Article 6 within a period, of less than 5 years, specified by the Minister in the direction.

(4)     The Minister shall, before cancelling a person’s registration under paragraph (1) or (2), give the person an opportunity to present evidence or other material to the Minister.

(5)     The Minister shall serve on a person whose registration is cancelled under this Article notice of –

(a)     the Minister’s decision to cancel the person’s registration;

(b)     the Minister’s reasons for the decision; and

(c)     the period, if any, during which, in accordance with a direction under paragraph (3), the person shall not be registered under Article 6.

(6)     The cancellation of a person’s registration under this Article takes effect on the service on the person under paragraph (5) of the notice of the cancellation.

(7)     If an appeal is lodged under Article 13 against the cancellation of a person’s registration, the Minister shall restore the person’s registration –

(a)     until the determination of the appeal under Article 13(4)(a) or (c); or

(b)     where the appeal is determined by referring the matter back to the Minister under Article 13(4)(b), until the Minister has dealt with the referred matter.

(8)     Paragraph (7) does not apply if –

(a)     in the opinion of the Minister, the grounds on which the registration was cancelled are so serious that the cancellation should continue in effect –

(i)      until the appeal in relation to it is determined under Article 13(4)(a) or (c), or

(ii)      where the appeal is determined by referring the matter back to the Minister under Article 13(4)(b), until the Minister has dealt with the referred matter; and

(b)     the notice of cancellation under paragraph (5) specifies that sub-paragraph (a) of this paragraph applies in relation to the cancellation.

11      Suspension

(1)     The Minister shall –

(a)     suspend a person’s registration as a pharmacist upon becoming aware that the authority to practice by virtue of which the person fulfils the requirements for registration prescribed under Article 6(1)(a) has been suspended; and

(b)     end a person’s suspension upon becoming aware that the person’s authority to practice, described in sub-paragraph (a), is no longer suspended.

(2)     If the Minister is satisfied that there may be grounds for cancellation of a person’s registration as a pharmacist and that the circumstances are such that, while enquiries are conducted into those grounds, the person should not practise as a pharmacist, the Minister may suspend the person’s registration for a period not exceeding 3 months.

(3)     The Minister may extend a suspension under paragraph (2), on one or more occasions, for a period not exceeding 3 months.

(4)     The Minister shall serve on a person whose registration is suspended, or whose suspension is extended, notice of –

(a)     the Minister’s decision to suspend, or extend the suspension of, the person’s registration;

(b)     the Minister’s reasons for the decision; and

(c)     the period for which the suspension has effect.

(5)     A period of suspension shall commence on the service on the person, under paragraph (4), of the notice of suspension.

12      Application for amendment of direction

(1)     A person whose registration is cancelled under Article 10 may apply to the Minister to amend a direction given under Article 10(3) in relation to the person.

(2)     The Minister may, after receiving an application under paragraph (1) from a person, amend a direction given under Article 10(3) in relation to the person.

(3)     The Minister shall serve on a person notice of the Minister’s decision in relation to an application by the person under paragraph (1) and the Minister’s reasons for the decision.

13      Appeal

(1)     A person may appeal to the Royal Court against a decision of the Minister to –

(a)     refuse under Article 6 to register the person;

(b)     impose under Article 7(1) a condition on the registration of the person;

(c)     cancel under Article 10 the person’s registration;

(d)     give a direction under Article 10(3);

(e)     refuse to amend a direction given under Article 10(3);

(f)      suspend, or continue the suspension of, the person’s registration under Article 11; or

(g)     refuse to amend a direction under Article 12.

(2)     An appeal under this Article against a decision may only be made by a person within 28 days after notice of the decision is served on the person, unless the Royal Court determines that the period should be extended.

(3)     If the Minister has not, within the 60 day period beginning the day after an application is made to the Minister under Article 6 or 12 by a person, served a notice under Article 6(4) or 12(3) in relation to the application, the Minister shall be taken for the purposes of this Article –

(a)     to have decided to refuse the application; and

(b)     to have served notice of the decision on the person on the day after the end of that period.

(4)     The Royal Court may determine an appeal under this Article by –

(a)     confirming the decision to which the appeal relates;

(b)     quashing the decision to which the appeal relates and referring the matter back to the Minister for the Minister’s decision in accordance with the law; or

(c)     making any decision that the Minister could have made under Article 6, 7(1), 10, 11 or 12, as the case may be.

(5)     The Royal Court may make the additional orders it thinks appropriate, including ancillary orders and orders as to costs.

14      Annual return

A pharmacist shall provide to the Minister, by 31st January in each year, a return in such form and containing such information as may be prescribed.

PART 3

REGISTRATION OF PHARMACY TECHNICIANS

15      Person not to falsely hold self out as being registered pharmacy technician etc.

(1)     A person shall not –

(a)     represent himself or herself as being registered under this Law as a pharmacy technician unless he or she is so registered and his or her registration under this Law as a pharmacy technician is not suspended;

(b)     represent himself or herself as having any qualification, or authority to practise as a pharmacy technician that is a qualification or authority prescribed under Article 17(1)(a) as a requirement for registration under this Law, unless he or she has such qualification or authority and, in the case of authority to practise, the authority is not suspended;

(c)     use the title “registered pharmacy technician” unless he or she is registered as a pharmacy technician under this Law and his or her registration under this Law as a pharmacy technician is not suspended; or

(d)     represent himself or herself as having a specialist title or specialisation unless he or she is permitted, by a qualification or authority to practise as a pharmacy technician in another country or territory, that is a qualification or authority prescribed under Article 17(1)(a) as a requirement for registration under this Law, to hold himself or herself out, in that country or territory, as having that specialist title or specialisation, and the permission is not suspended in that country or territory.

(2)     A person who contravenes paragraph (1) commits an offence and shall be liable to a fine of level 4 on the standard scale.

16      Application for registration as a pharmacy technician

(1)     A person may apply to the Minister for registration under this Law as a pharmacy technician.

(2)     An application under paragraph (1) shall –

(a)     contain the prescribed particulars; and

(b)     be accompanied by –

(i)      the prescribed proof that the applicant fulfils the requirements for registration prescribed under Article 17(1)(a), and

(ii)      the registration fee.

(3)     The Minister may determine a registration fee for the purposes of paragraph (2)(b)(ii).

17      Registration

(1)     The Minister shall, after receiving an application that complies with the requirements of Article 16(2), register the applicant as a pharmacy technician if the Minister is satisfied that –

(a)     the applicant fulfils the prescribed requirements for registration; and

(b)     the application is not made within a period specified in a direction under Article 21(3) that is in force in relation to the applicant.

(2)     The Minister shall, before refusing to register an applicant as a pharmacy technician by reason of the application not complying with the requirements of Article 16(2), give the applicant an opportunity to make his or her application compliant with the requirements of that provision.

(3)     The Minister shall not register an applicant as a pharmacy technician if the Minister is not satisfied as to the matters described in sub-paragraph (a) and (b) of paragraph (1).

(4)     The Minister shall, upon refusing an application for registration –

(a)     serve notice on the applicant of his or her decision and the reasons for it; and

(b)     refund the registration fee paid by the applicant.

18      Conditions of registration

(1)     The Minister may, if he or she thinks it necessary to do so –

(a)     to protect members of the public;

(b)     because it is otherwise in the public interest; or

(c)     in the interests of the person,

impose a condition on the registration of a person as a pharmacy technician.

(2)     A condition may be imposed under paragraph (1) at the time of, or after, registration.

(3)     A condition imposed under paragraph (1) shall remain in force for the period specified in the registration of the person as the period for which the condition shall remain in force.

(4)     A period specified under paragraph (3) shall not exceed 18 months.

(5)     The Minister shall impose any mandatory condition of registration that is prescribed.

19      Certificate of registration

(1)     The Minister shall issue a certificate of registration to a person who is registered as a pharmacy technician.

(2)     The Minister may issue a further certificate of registration to a person who is registered as a pharmacy technician if the Minister is satisfied the certificate of registration formerly issued to the person has been lost, stolen or damaged.

20      Request for cancellation of registration

(1)     A person registered as a pharmacy technician may, at any time, request the Minister to cancel the person’s registration.

(2)     A request under paragraph (1) shall be made in writing.

(3)     The Minister shall, upon receiving a request under paragraph (1), cancel the person’s registration.

21      Cancellation of registration otherwise than on request

(1)     The Minister shall cancel a person’s registration as a pharmacy technician if –

(a)     the person ceases to fulfil the requirements for registration prescribed under Article 17(1)(a);

(b)     the registration under this Law was obtained by fraudulent means; or

(c)     the person has not, within 60 days of having being requested to do so by the Minister by notice in writing, provided to the Minister the return required to be provided by Article 25.

(2)     The Minister may cancel a person’s registration as a pharmacy technician if the person –

(a)     is convicted (whether or not in Jersey) of an offence of a kind that, in the opinion of the Minister, makes the person unfit to be a pharmacy technician;

(b)     has failed to comply with a condition imposed under Article 18(1) or (5) on his or her registration;

(c)     is found by the Minister to have engaged in behaviour that constituted a contravention of, or a failure to comply with, any term or condition of any authority to practise as a pharmacy technician in another country or territory by virtue of which authority the person fulfils the requirements for registration prescribed under Article 17(1)(a); or

(d)     is found by the Minister to have engaged in conduct (including a failure to adequately supervise an employee) of a kind that, in the opinion of the Minister, makes the person unfit to be a pharmacy technician.

(3)     The Minister may, if he or she has cancelled a person’s registration under paragraph (1)(b) or (2), direct that the person shall not be registered under Article 17 within a period, of less than 5 years, specified by the Minister in the order.

(4)     The Minister shall, before cancelling a person’s registration under paragraph (1) or (2), give the person an opportunity to present evidence or other material to the Minister.

(5)     The Minister shall serve on a person whose registration is cancelled under this Article notice of –

(a)     the Minister’s decision to cancel the person’s registration;

(b)     the Minister’s reasons for the decision; and

(c)     the period, if any, in which, in accordance with a direction under paragraph (3), the person shall not be registered under Article 17.

(6)     The cancellation of a person’s registration under this Article takes effect on the service on the person under paragraph (5) of the notice of the cancellation.

(7)     If an appeal is lodged under Article 24 against the cancellation of a person’s registration, the Minister shall restore the person’s registration –

(a)     until the determination of the appeal under Article 24(4)(a) or (c); or

(b)     where the appeal is determined by referring the matter back to the Minister under Article 24(4)(b), until the Minister has dealt with the referred matter.

(8)     Paragraph (7) does not apply if –

(a)     in the opinion of the Minister, the grounds on which the registration was cancelled are so serious that the cancellation should continue in effect –

(i)      until the appeal in relation to it is determined under Article 24(4)(a) or (c), or

(ii)      where the appeal is determined by referring the matter back to the Minister under Article 24(4)(b), until the Minister has dealt with the referred matter; and

(b)     the notice of cancellation under paragraph (5) specifies that sub-paragraph (a) of this paragraph applies in relation to the cancellation.

22      Suspension

(1)     The Minister shall –

(a)     suspend a person’s registration as a pharmacy technician upon becoming aware that the authority to practice by virtue of which the person fulfils the requirements for registration prescribed under Article 17(1)(a) is suspended; and

(b)     end a person’s suspension upon becoming aware that the person’s authority to practice, described in sub-paragraph (a), is no longer suspended.

(2)     If the Minister is satisfied that there may be grounds for cancellation of a person’s registration as a pharmacy technician and that the circumstances are such that, while enquiries are conducted into those grounds, the person should not practise as a pharmacy technician, the Minister may suspend the person’s registration for a period not exceeding 3 months.

(3)     The Minister may extend a suspension under paragraph (2), on one or more occasions, for a period not exceeding 3 months.

(4)     The Minister shall serve on a person whose registration is suspended, or whose suspension is extended, notice of –

(a)     the Minister’s decision to suspend, or extend the suspension of, the person’s registration;

(b)     the Minister’s reasons for the decision; and

(c)     the period for which the suspension has effect.

(5)     A period of suspension shall commence on the service on the person, under paragraph (4), of the notice of suspension.

23      Application for amendment of direction

(1)     A person whose registration is cancelled under Article 21 may apply to the Minister to amend a direction given under Article 21(3) in relation to the person.

(2)     The Minister may, after receiving an application under paragraph (1) from a person, amend a direction given under Article 21(3) in relation to the person.

(3)     The Minister shall serve on a person notice of the Minister’s decision in relation to an application by the person under paragraph (1) and the Minister’s reasons for the decision.

24      Appeal

(1)     A person may appeal to the Royal Court against a decision of the Minister to –

(a)     refuse under Article 17 to register the person;

(b)     impose under Article 18(1) a condition on the registration of the person;

(c)     cancel under Article 21 the person’s registration;

(d)     give a direction under Article 21(3);

(e)     refuse to amend a direction given under Article 21(3);

(f)      suspend, or continue the suspension of, the person’s registration under Article 22; or

(g)     refuse to amend a direction under Article 23.

(2)     An appeal under this Article against a decision may only be made by a person within 28 days after notice of the decision is served on the person, unless the Royal Court determines that the period should be extended.

(3)     If the Minister has not, within the 60 day period beginning the day after an application is made to the Minister under Article 16 or 23 by a person, served a notice under Article 17(4) or 23(3) in relation to the application, the Minister shall be taken for the purposes of this Article –

(a)     to have decided to refuse the application; and

(b)     to have served notice of the decision on the person on the day after the end of that period.

(4)     The Royal Court may determine an appeal under this Article by –

(a)     confirming the decision to which the appeal relates;

(b)     quashing the decision to which the appeal relates and referring the matter back to the Minister for the Minister’s decision in accordance with the law; or

(c)     making any decision that the Minister could have made under Article 17, 18(1), 21, 22 or 23, as the case may be.

(5)     The Royal Court may make the additional orders it thinks appropriate, including ancillary orders and orders as to costs.

25      Annual return

A pharmacy technician shall provide to the Minister, by 31st January in each year, a return in such form and containing such information as may be prescribed.

PART 4

CONCLUDING PROVISIONS

26      Fraudulent statements and abuse of certificates

(1)     A person shall not knowingly or recklessly –

(a)     make a statement; or

(b)     provide information,

that is false or misleading in a material particular –

(i)      in relation to an application under this Law; or

(ii)      in relation to the registration, or the cancellation of the registration, of a person under this Law.

(2)     A person shall not –

(a)     forge with intent to deceive, or use with intent to deceive, a certificate issued under this Law or any proof prescribed under Article 5(2)(b)(i) or 16(2)(b)(i);

(b)     lend to, or allow to be used by, another person, a certificate or proof referred to in sub-paragraph (a);

(c)     make or have in the person’s possession a document so closely resembling a certificate or proof referred to in sub-paragraph (a) that it ought reasonably be taken to be calculated to deceive; or

(d)     obtain, or attempt to obtain, the registration of himself or herself under this Law by assuming the name or qualifications of another person.

(3)     A person who contravenes paragraph (1) or (2) commits an offence and shall be liable to imprisonment for a term of 2 years and to a fine.

27      Service of notices

Any notice to be served under this Law may be served by post.

28      Amendment of enactments

(1)     In the Pharmacy and Poisons (Jersey) Law 1952[1] –

(a)     in the long title, the words “for regulating the practise of pharmacy and” shall be deleted;

(b)     in Article 1(1), the definitions “certificate of registration” and “pharmacist” shall be deleted;

(c)     Part 2 shall be deleted;

(d)     in Article 18 the words “Pharmacy and” shall be deleted.

(2)     In Part 1 of the Schedule to the Interpretation (Jersey) Law 1954[2] for the definition “pharmacist” there shall be substituted the following definition –

“ ‘pharmacist’ shall mean a person registered as a pharmacist under the Pharmacists and Pharmacy Technicians (Registration) (Jersey) Law 2010[3] or deemed, by an Order made under Article 29(c) of that Law, to be registered as a pharmacist under that Law;”.

(3)     In Article 91(b) of the Licensing (Jersey) Law 1974[4] for the words “authorized sellers of poisons within the meaning of the Pharmacy and Poisons (Jersey) Law 1952” there shall be substituted the words “persons lawfully carrying on retail pharmacy businesses within the meaning of Article 68(3) of the Medicines (Jersey) Law 1995[5]”.

(4)     For Article 18(1)(b) of the Health Care (Registration) (Jersey) Law 1995[6] there shall be substituted the following sub-paragraph –

“(b)    Pharmacists and Pharmacy Technicians (Registration) (Jersey) Law 2010[7];”.

(5)     In the Medicines (Jersey) Law 1995[8] –

(a)     in Article 1(1) –

(i)      the definition “pharmacist” shall be deleted;

(ii)      for the definition “Pharmacy and Poisons Law” there shall be substituted the following definition –

“ ‘Poisons Law’ means the Poisons (Jersey) Law 1952;”;

(b)     for Article 69(3) there shall be substituted the following paragraph –

“(3)    In this Article and in Articles 70 and 71 “certificate of registration” means a certificate issued under Article 8 of the Pharmacists and Pharmacy Technicians (Registration) (Jersey) Law 2010[9] or deemed, by an Order made under Article 29(c) of that Law, to have been issued under that Article.”;

(c)     for Article 73 there shall be substituted the following Article –

“73    Registered pharmacies

In this Law “registered pharmacy” means premises for the time being entered in the register required to be kept under Article 74.”;

(d)     in Articles 80(1)(a) and (4)(e) the words “Pharmacy and” shall be deleted.

(6)     For Regulation 5(2)(d) of the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002[10] there shall be substituted the following sub-paragraph –

“(d)    pharmacist, pursuant to the Pharmacists and Pharmacy Technicians (Registration) (Jersey) Law 2010[11];”.

(7)     In the Misuse of Drugs (General Provisions) (Jersey) Order 2009[12] –

(a)     in Article 1(1) the definition “pharmacist” shall be deleted;

(b)     in Article 6(4)(i) for the words “Pharmacy and Poisons (Jersey) Law 1952” there shall be substituted the words “Poisons (Jersey) Law 1952”.

(8)     In the following enactments, for the words “Pharmacy and Poisons (Jersey) Law 1952” there shall be substituted the words “Poisons (Jersey) Law 1952” –

(a)     Article 2(2)(b) of the Pesticides (General Provisions) (Jersey) Order 1991[13];

(b)     Article 8(2)(b)(ii) of the Places of Refreshment (Jersey) Law 1967[14];

(c)     Part 1 of Schedule 2 to the Medicines (Prescription Only) (Jersey) Order 1997[15];

(d)     Article 1(1) of the Poisons (General Provisions) (Jersey) Order 1968[16], in the definition “Law”;

(e)     Article 1 of the Poisons List (Jersey) Order 1986[17].

(9)     In the following enactments, the definition “pharmacist” shall be deleted –

(a)     Article 1(1) of the Misuse of Drugs (Jersey) Law 1978[18];

(b)     Article 1(1) of the Health Insurance (Jersey) Law 1967[19].

29      Orders

The Minister may, by Order –

(a)     prescribe any matter that shall or may be prescribed under this Law;

(b)     make provision as to the documents that may be admitted in proceedings under this Law as proof that a person –

(i)      fulfils the prescribed requirements for registration under Article 6 or 17, or

(ii)      is permitted to hold himself or herself out as having a specialist title or specialisation; and

(c)     make transitional provisions and savings for the purposes of the commencement of this Law and the repeal or amendment of any enactment under Article 28.

30      Citation and commencement

This Law may be cited as the Pharmacists and Pharmacy Technicians (Registration) (Jersey) Law 2010 and shall come into force one month after it is registered.

m.n. de la haye

Greffier of the States

 


 



[1]                                    chapter 20.775

[2]                                    chapter 15.360

[3]                                    L.6/2010

[4]                                    chapter 11.450

[5]                                    chapter 20.625

[6]                                    chapter 20.300

[7]                                    L.6/2010

[8]                                    chapter 20.625

[9]                                    L.6/2010

[10]                                   chapter 08.840.50

[11]                                   L.6/2010

[12]                                   chapter 08.680.60

[13]                                   chapter 01.880.30

[14]                                   chapter 11.600

[15]                                   chapter 20.625.95

[16]                                   chapter 20.775.30

[17]                                   chapter 20.775.60

[18]                                   chapter 08.680

[19]                                   chapter 26.500


Page Last Updated: 04 Jun 2015