PL&E: Sources and Types of Law Flashcards
What are the main areas of law within British legal system that are relevant to pharmacy?
- Criminal
- Civil
- Administrative
What is the medicines act 1968?
Prosecution after failing to supervise sale of pharmacy only medicines
What is civil law?
Regulates rights between citizens or citizens against the state or corporate bodies
Give an example of a pharmacy case under civil law.
Negligence claims
What is administrative law?
Part of civil law - ensures procedures are in place to ensure decision making processes and systems are regulated.
How are shortfalls in administrative justice dealt with?
- Tribunals and inquiries: shortfalls include acting unlawfully according to stipulated law and if written guidance made by public bodies does not reflect the law.
How does an idea become a law?
When there is recognition of a problem or a need for change
What is a green paper?
Discussion document or a precursor to firm statements of policy ‘white papers’
What is a white paper?
Objectives and strategic directions on a policy
What can white papers result in?
Legislative changes - but must be brought to parliament
What is meant by primary legislation?
- Acts of parliaments e.g. legal framework outlining a subject area
What is meant by secondary legislations?
A more detailed guidance which arises from primary legislations e.g. regulations, directions, orders, codes
What is case law?
legal position taken based on cases or previous decisions made in court in similar situations.
Describe the regulation of Pharmacy
Regulated by the General Pharmaceutical Council (GPhC) - an independent regulator
What are the 4 key legislation important to pharmacy?
- Medicines Act 1968
- The human Medicines Regulations 2012
- Misuse of Drugs Act 1971
- Medicines and Medical Devices Act 2021
