Pharmacist: Legislative System Flashcards
Name the 4 organisations that govern the UK
- UK parliament
- Scottish parliament
- National Assembly for Wales
- Northern Ireland Assembly
Name the 2 types of law
Criminal Law
Civil Law
Describe what criminal law deals with
Also known as penal law
Deals with the relationship between an individual and the state and relates to the regulation of human behaviour
Describe what civil law deals with
Deals with relationships between individuals or organisations and relates to the conduct of human relationships
Define Criminal law
Penal law
Bodies of rules with the potential for severe impositions as punishment for failure to comply
Criminal cases involve what action?
An action that is considered to be harmful to society as a whole
Define civil law
Dealing with disputes between individuals and/or organisations, in which compensation may be awarded to the victim
Civil disputes occur between who?
Usually private disputes between persons or organisations
Will protect and enforce the rights of individuals
Do pharmacists need insurance? If so, what kind?
Yes.
Professional indemnity insurance
Now a requirement by GPhC (General pharmaceutical council)
How is UK law organised?
Primary Legislation
Secondary Legislation
Judicial Precedent - “case law”
Describe what primary legislation is
acts of parliament, not very detailed but lie down general principles
Name 3 pharmacy related examples of primary legislation
Medicines Act 1968
Misuse of Drugs act 1971
Poisons Act 1972
Describe the formal procedure of enactment of primary legislation
- “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
When does formal enactment of legislation (of an Act) occur?
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
Once passed, what can’t happen to an Act? Is there an exception to this rule?
an Act, once passed, cannot be altered or ammended except by a further act
What is secondary legislation also known as ?
Statuary instrument or SI
How do acts delegate power?
They delegate power to other bodies to make detailed rules - they are enabling (secondary legislation)
Subsidiary to an Act
What is secondary legislation normally in the form of and what does that include?
Statutory instruments
Including regulations and order
Describe a statutory instrument
concerned with working details
Not complete in itself but refers back to the Act
SI can repeal or amend a previous SI
How are statutory instruments brought about?
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
What forms statutory law?
Acts and Statuary Instruments
What is a Schedule in legislation?
Goes into further detail, like an appendix
Describe Judicial Precedent
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
What initiates most european law?
European commission
But the Council of the EU makes the ultimate decisions on European law
What is european parliament?
Directly elected chamber
Define what the European Court of Justice can do
Decisions by them must be accepted by courts in all member states and there is no right of appeal
Describe European union law
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
give one example of European law
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)
