Sources and Types of Law

Types of Law

• criminal

• civil

• administrative

Statutes or Acts passed by the UK parliaments (may differ depending

on devolved nations)

In England and Wales, serious criminal cases are typically heard in the:

Magistrates or crown court

Under criminal law, guilt must be established

Beyond a reasonable doubt.

Medicines Act 1968:

Prosecution after failing to supervise sale of pharmacy only medicines

What is Civil Law?

Civil Law regulates rights between citizens and the state or corporate bodies.

What types of claims can be made under Civil Law?

Claims typically include clinical negligence, breach of confidentiality, and treating without consent.

What are typical penalties in Civil Law cases?

Penalties generally involve monetary damages with fitness to practice.

Where are Civil Law cases considered?

Civil Law cases are typically considered in county courts or the high court.

Fitness to practice proceedings are associated with Civil Law.

Can the same set of facts result in both criminal and civil actions?

Yes, the same set of facts can result in both criminal and civil actions.

What insurance must practicing pharmacists have?

Practicing pharmacists must have professional indemnity insurance.

What is Administrative Law?

Administrative Law is part of civil law that involves the supervisory role that courts exercise over the activities of public bodies, ensuring that decision-making processes and systems are regulated.

How do courts exercise their role in Administrative Law?

Courts ensure that procedures are in place for decision-making processes, helping to regulate the actions of public bodies.

What kinds of issues are dealt with in Administrative Law?

Shortfalls in administrative justice are addressed by tribunals and inquiries, which investigate the actions of public bodies.

What constitutes acting unlawfully under Administrative Law?

Acting unlawfully according to stipulated law involves making decisions or taking actions that are not in compliance with the legal framework.

How can the written guidance from public bodies be challenged?

The written guidance can be challenged through judicial review if it does not accurately reflect the law (Judicial review).

AL: appeals to fitness to practise are heard in ?

Administrative court

How does Administrative Law impact the pharmacy profession?

Pharmacists may be unlikely to be directly involved in Administrative Law cases, but it impacts the profession by regulating how misbehavior is handled, including breaches of NHS pharmaceutical services contracts.

What is a Green Paper?

A Green Paper is a discussion document that serves as a precursor to firm statements of policy, known as White Papers.

What is a White Paper?

A White Paper outlines the objectives and strategic directions on a policy that may lead to legislative changes.

What happens after a White Paper is published?

White papers may result in legislative changes and must be brought to parliament before becoming a law.

What is primary legislation?

Acts of parliament are termed 'primary legislation' and provide the legal framework outlining a subject area.

What is secondary legislation?

Secondary legislation consists of more detailed legal guidance developed from primary legislation, including regulations, directions, orders, and codes.

What does the Misuse of Drugs Act 1971 allow?

The Misuse of Drugs Act 1971 permits parliament to set out regulations regarding prescribing, storage, and record-keeping concerning medicines covered by the act.

What is the Medicines Act 1968?

The Medicines Act 1968 is primary legislation that has delegated legislation to define which medicines are classified as Prescription Only Medicines (POMs), Pharmacy Medicines (Ps), or General Sales List (GSLs) under an order known as The Prescription Only Medicines Order.

Which is an example of secondary (delegated) legislation

Prescription only medicines order

What is Case Law? common law

Case law legal position based on previous court cases and decisions in similar situations.

What is 'the precedent' in case law?

'The precedent' refers to what has previously been applied and interpreted based on the law; it acts as a guide for future cases with similar circumstances.

What is the duty owed by a pharmacist to a patient in the context of a medication error?

Pharmacists have a duty to ensure proper medication dispensation and to address any errors when they occur, reflecting

What years did the UK was part of the European Union (EU)?

The UK was part of the EU from 1973 to 2020.

What was required of the UK while it was a member of the EU?

The UK was required to introduce laws of the EU, a process known as harmonisation.

What significant event occurred following the announcement of the UK’s withdrawal from the EU?

Following the announcement of withdrawal, the UK Parliament passed the EU Withdrawal Act 2018.

What happened to laws derived from EU legislation after the withdrawal?

Laws derived from EU legislation remained in place until after Brexit, but the UK, Scottish, and Welsh Parliaments gained the power to change those laws.

What is the Medicines and Medical Devices Act 2021?

This Act, passed by Parliament, enables changes to be made to the Human Medicines Regulations 2012 and received Royal Assent on 11th February 2021.

What new powers did the Secretary of State acquire under the Medicines and Medical Devices Act 2021?

The Secretary of State now has significantly more powers to amend the existing regulatory framework regarding human and veterinary medicines, and medical devices in the UK.

What new position was established by the Medicines and Medical Devices Act 2021?

The Act established a new Commissioner for Patient Safety.

When was GPhC created?

under the Pharmacy order 2010

who is the GPhC made of

• 14 members

• chair, 7 registrants and 7 lay members

Roles and functions of GPhC

– Establish and maintain a register of pharmacists, pharmacy technicians and pharmacy premises

– Set and promote standards for safe and effective running of pharmacy at registered pharmacies

– Set requirements to which registrants must demonstrate

– Promote safe and effective practice of pharmacy by registrants

– Set standards and requirements for education, training, acquisition of experience and CPD

– Ensure continued fitness to practise of registrants

Standards for Pharmacy professionals

• provide person-centred care

• work in partnership with others

• communicate effectively

• maintain, develop and use professional knowledge and skills

• use professional judgement

• behave in a professional manner 

• respect and maintain the person’s confidentiality and privacy

• speak up when they have concerns or when things go wrong

• demonstrate leadership