Pharmacist: Legislative System

Question 1

Name the 4 organisations that govern the UK

Answer 1

• UK parliament
• Scottish parliament
• National Assembly for Wales
• Northern Ireland Assembly

Question 2

Name the 2 types of law

Answer 2

Criminal Law

Civil Law

Question 3

Describe what criminal law deals with

Answer 3

Also known as penal law

Deals with the relationship between an individual and the state and relates to the regulation of human behaviour

Question 4

Describe what civil law deals with

Answer 4

Deals with relationships between individuals or organisations and relates to the conduct of human relationships

Question 5

Define Criminal law

Answer 5

Penal law

Bodies of rules with the potential for severe impositions as punishment for failure to comply

Question 6

Criminal cases involve what action?

Answer 6

An action that is considered to be harmful to society as a whole

Question 7

Define civil law

Answer 7

Dealing with disputes between individuals and/or organisations, in which compensation may be awarded to the victim

Question 8

Civil disputes occur between who?

Answer 8

Usually private disputes between persons or organisations

Will protect and enforce the rights of individuals

Question 9

Do pharmacists need insurance? If so, what kind?

Answer 9

Yes.
Professional indemnity insurance
Now a requirement by GPhC (General pharmaceutical council)

Question 10

How is UK law organised?

Answer 10

Primary Legislation
Secondary Legislation
Judicial Precedent - “case law”

Question 11

Describe what primary legislation is

Answer 11

acts of parliament, not very detailed but lie down general principles

Question 12

Name 3 pharmacy related examples of primary legislation

Answer 12

Medicines Act 1968
Misuse of Drugs act 1971
Poisons Act 1972

Question 13

Describe the formal procedure of enactment of primary legislation

Answer 13

• “White paper” - Government signals its intention (before bill)
• Sometimes preceded by a “green paper” (discussion document)
• Setting out proposals and inviting comments from interested parties
• Bill (comes before Act)
• =Proposal to introduce new legislation
• Government bills (most)
• Private member’s bill = individual MP bringing a Bill to parliament (some) - e.g. abolishment of prescription charges in Scotland
• The Bill is debated in both houses of parliament
• Then Passed

Question 14

When does formal enactment of legislation (of an Act) occur?

Answer 14

when the Bill receives Royal Assent (Queen signs it)
At this stage it becomes an Act
It can then come into force immediately or its effects can be delayed

Question 15

Once passed, what can’t happen to an Act? Is there an exception to this rule?

Answer 15

an Act, once passed, cannot be altered or ammended except by a further act

Question 16

What is secondary legislation also known as ?

Answer 16

Statuary instrument or SI

Question 17

How do acts delegate power?

Answer 17

They delegate power to other bodies to make detailed rules - they are enabling (secondary legislation)
Subsidiary to an Act

Question 18

What is secondary legislation normally in the form of and what does that include?

Answer 18

Statutory instruments

Including regulations and order

Question 19

Describe a statutory instrument

Answer 19

concerned with working details
Not complete in itself but refers back to the Act
SI can repeal or amend a previous SI

Question 20

How are statutory instruments brought about?

Answer 20

SI is initiated by a government minister under powers conferred by an Act
SI becomes law after ‘laying on the table’ (literally) in Parliament for 3 days
Both Act and SI may have schedules, which list details better separated from the main requirements
Both the act and the SI(s) form the statutory law

Question 21

What forms statutory law?

Answer 21

Acts and Statuary Instruments

Question 22

What is a Schedule in legislation?

Answer 22

Goes into further detail, like an appendix

Question 23

Describe Judicial Precedent

Answer 23

Also known as case law, common law, or judge-made law.
JP is a statement of the legal position in a particular case or situation based on the decisions of previous courts in similar cases
Judges make laws:
1) if there is no legislation on a particular issue
2) where there is legislation but its meaning is unclear

Question 24

What initiates most european law?

Answer 24

European commission

But the Council of the EU makes the ultimate decisions on European law

Question 25

What is european parliament?

Answer 25

Directly elected chamber

Question 26

Define what the European Court of Justice can do

Answer 26

Decisions by them must be accepted by courts in all member states and there is no right of appeal

Question 27

Describe European union law

Answer 27

Primary legislation is the Treaties, which established the original communities
Secondary legislation is
Regulations
Direct effect & binding on all member states & individuals
Directives
Binding by their objectives but leave to member states method of implementation (legislative or administrative)
are usually incorporated into UK law by the use of SI
Decisions
Binding to those to whom they are addressed & often of an administrative nature
Harmonisation of laws by member states is usually by directives

Question 28

give one example of European law

Answer 28

Recognition of (listed) health professional degrees (incl. pharmacy)  free movement through EU
Council Directive 2005/36/EC
GB
European Qualifications (Health and Social Care Professions) Regulations 2007 (SI 3101)