Commentary on Sections The pharmacy profession Section 35: Regulation of the profession of pharmacy
180.Section 35 amends Schedule 3 of the Health Act, and by doing so extends the powers in section 60 of that Act for Her Majesty by Order in Council to modify the regulation of the health professions to bring their scope in respect of the pharmacy profession more into line with that for other professions.
181.Orders under section 60 may be used to modify the statutory regulation of health care professions and to regulate other health care professions which are not yet subject to such regulation.  Subject to certain limitations, an Order may repeal or revoke any enactment, amend it, or replace it.  One such limitation relates to the Medicines Act 1968, which is one of two main Acts (the other being the Pharmacy Act 1954) which contain provisions relevant to the regulation of the pharmacy profession.   At present, an Order may (except for certain associated purposes) only amend sections 80 to 83 of the Medicines Act 1968.  Those sections deal with the disciplinary action which may be taken against bodies corporate and certain other persons lawfully conducting retail pharmacy businesses.
182.This section will permit an Order to amend any other provision of the Medicines Act insofar as it relates to the regulation of the profession of pharmacy in Great Britain.  This might, for example, include section 79 of the Medicines Act 1968, which restricts the use of “pharmacist” and various other titles to people with particular qualifications.  Equivalent provisions for other professions are already within the scope of the order making power.