Pharmacist: Legislative System Flashcards Preview

Pharmacy Year 2 Semester 1 > Pharmacist: Legislative System > Flashcards

Flashcards in Pharmacist: Legislative System Deck (28):

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?

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
Direct effect & binding on all member states & individuals
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
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
European Qualifications (Health and Social Care Professions) Regulations 2007 (SI 3101)