The final draft new Charter
The following is the final text of the proposed new Charter
for the Society, as submitted to the Privy Council
ELIZABETH THE SECOND, by the Grace of God of the United Kingdom of
Great Britain and Northern Ireland and of all Our other Realms and Territories,
Queen, Head of the Commonwealth, Defender of the Faith:
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING!
WHEREAS the Royal Pharmaceutical Society of Great Britain (hereinafter
referred to as “the Society”) was incorporated by Royal Charter
granted on 18th February 1843 (hereinafter referred to as “the
Charter of 1843”):
AND WHEREAS We were pleased, by Supplemental Charter granted on 19th
November 1953 (hereinafter referred to as “the Supplemental Charter
of 1953”), to amend and add to the Charter of 1843:
AND WHEREAS by an humble petition the Council of the Society (hereinafter
referred to as “the Council”) have represented in particular
that the Society should, for the public benefit, be more appropriately
equipped to function as a regulator, to lead the strategic development
and policies of the profession of pharmacy, to support the science and
practice of pharmacy, and to engage in the wider public debate on health
related matters and on the role of pharmacy in contributing to the health
of the public, and have accordingly prayed that We might be graciously
pleased to revoke the Supplemental Charter of 1953 and to make new provision
in respect of the objects, powers and constitution of the Society:
NOW THEREFORE KNOW YE that We, having taken the said petition into Our
Royal Consideration, and being minded to accede thereto, have by virtue
of Our Prerogative Royal and of Our Especial Grace, certain knowledge
and mere motion, granted and declared and do, for Us, Our Heirs and Successors,
hereby grant and declare as follows:
1. The Society shall in accordance with the remaining effect of the
Charter of 1843 continue to be a body corporate with a common seal, and
the right to renew the said seal from time to time, and to sue and be
sued in all Our Courts, and the Supplemental Charter of 1953 shall be
and is hereby revoked, provided that such revocation shall not affect
the validity or legality of any act or thing done thereunder.
2. The objects of the Society (hereinafter referred to as “the
objects”) shall be, within the context of the public benefit:
(1) to advance knowledge of, and education in, pharmacy and its application,
thereby fostering good science and practice;
(2) to promote and protect the health and well-being of the public through
the regulation of the pharmacy profession and of other persons engaged
in related activities;
(3) to safeguard, maintain the honour, and promote the effectiveness of the
profession of pharmacy and to support the professional interests of pharmacists;
and
(4) to maintain and develop the science and practice of pharmacy in its contribution
to the health and well-being of the public.
3. In furtherance of the objects, but not otherwise, and without prejudice
to its powers at law as a chartered corporation, the Society shall have
power
(1) to promote by any means the public understanding of pharmacy so
that its contribution to the health of the nation is understood and recognised;
(2) to maintain any charitable or benevolent trusts for the relief of poverty
or distress amongst members or former members or their dependants or students
of the Society;
(3) to undertake any function, including any function designed to maintain
fitness to practise, relating to the regulation of pharmacists or other persons
engaged in related activities as may be conferred by or under any Act of Parliament;
(4) to undertake any function relating to the control and licensing of premises
used in connection with pharmacy as may be conferred by or under any Act of
Parliament;
(5) to maintain registers of members or of other persons, and to charge fees
in this connection;
(6) to maintain registers of premises and to charge fees in this connection;
(7) to fix, vary and charge fees and other amounts to members or other persons
in respect of any service, right or activity provided by or on behalf of the
Society;
(8) to set and enforce standards of education or training and to hold, or cause
to be held, examinations;
(9) to award fellowships, honorary fellowship or membership, and other distinctions
of the Society;
(10) to establish and maintain databases, indices, libraries, museums and collections,
and to publish or promote the publication of information or other material
in any form;
(11) to undertake, encourage, fund or commission research and to publish or
promote the publication of the results thereof;
(12) to co-operate with other bodies and authorities, to establish or incorporate
subsidiary organisations, to acquire any undertaking, to assume any liability
or obligation and to undertake or carry out any trusts or agencies;
(13) to engage and remunerate staff, to provide pensions and other entitlements
for employees or their dependants;
(14) subject to such consents as may be required by law, to acquire, dispose
of or mortgage any real or personal property whatsoever and wheresoever situated,
and any interest in any such property;
(15) to acquire, build or maintain any building or premises;
(16) to take out any insurance for the protection of the Society in respect
of any potential liability of the Society;
(17) to indemnify the members of the Council in respect of any liability incurred
in the course of the performance in good faith of their duties for the Society
(provided that such indemnity shall not extend to liability in respect of loss
to the Society resulting from an act or omission which such member knew to
be a breach of trust or duty or was carried out or done in reckless disregard
of such duty or trust, nor to the costs of an unsuccessful defence to a criminal
prosecution against such members in their capacity as trustees);
(18) to receive any form of income, legacy or gift, and to borrow money or
obtain any form of credit, whether on the security of the property of the Society
or otherwise, to deal with promissory notes, bills of exchange or other instruments,
whether transferable or not, and to operate bank accounts;
(19) to invest monies of the Society not immediately required for its purposes
in any manner and to appoint investment managers and delegate powers to them
in accordance with regulations made by the Council;
(20) to carry on trade in furtherance of the objects or for purposes ancillary
or incidental thereto; and
(21) to do all such other lawful acts and things as may promote the attainment
of the objects.
4. The income and property of the Society shall be applied solely towards
the promotion of the objects and shall not be paid or distributed directly
or indirectly by way of dividend, bonus or otherwise by way of profit
to any member or to any member of the Council: provided that nothing
in this article shall prevent the payment in good faith by the Society
of
(1) reasonable remuneration to any member (not being a member of the
Council) for services rendered to the Society;
(2) charitable benefits to any person (not being a member of the Council) in
their capacity as a beneficiary of the Society;
(3) reasonable attendance fees in respect of meetings and other functions of
the Council and its committees, and reasonable out of pocket expenses; or
(4) remuneration to any member of the Council, or to any firm or body corporate
in which such member has an interest, for professional or specialist services
rendered to the Society when instructed to act in such capacity on behalf of
the Society, provided that such member shall not be present during any discussion,
or be party to any decision, relating to such remuneration or instruction.
5. The membership of the Society shall consist of the persons who are
for the time being registered pharmacists in Great Britain and such other
persons in such other categories as may, on the application of the Society,
be approved from time to time by order of Our Privy Council. The creation
of any such category shall be subject to appropriate consultation with
the membership.
6. There shall be an Annual General Meeting of the Society at intervals
of not more than fifteen months and such other general meetings as may
be required or permitted by this Our Supplemental Charter or regulations
made by the Council.
7. The Council
(1) shall by regulation, and subject to appropriate consultation, establish
structures in Scotland and Wales to reflect devolved powers and responsibilities
for health and other relevant matters; and
(2) may by regulation establish, regulate and dissolve departments, branches,
sub-divisions, and other structures of the Society for the purposes of meeting
the needs and requirements of the Society and the profession.
8. The control, direction and management of the policies and affairs
of the Society shall be vested in the Council consisting of
(a) 17 pharmacists as defined in and elected in accordance with regulations
made by the Council;
(b) two pharmacy technicians as defined in and elected in accordance with regulations
made by the Council; and
(c) ten persons appointed by Our Privy Council under statutory powers.
On the application of the Society, Our Privy Council may by order vary the
composition of the Council, provided that there shall be no more than 35 members
in total and that a majority of the Council shall be registered pharmacists.
The Council shall have power in accordance with regulations to fill any casual
vacancy amongst the members at (a) and (b) above and to suspend or remove any
member of the Council, and power to act in all matters notwithstanding any
vacancy in its membership. The Council shall exercise all the powers and functions
of the Society except those reserved by this Our Supplemental Charter to the
members in general meeting, and shall in particular have power:
(1) to discharge or ensure the discharge of any function, consistent with the
objects, bestowed upon the Council or the Society by or under any Act of Parliament;
(2) to make regulations for any purpose relating to the governance, management,
affairs or functions of the Council or of the Society, whether in pursuance
of a provision of this Our Supplemental Charter or otherwise, and to designate
any such regulation or regulations as requiring approval by majority vote of
the members in general meeting: provided that, such designation having been
made by the Council, the regulations in question shall not be amended or revoked,
or the designation withdrawn, without approval by majority vote of the members
in general meeting;
(3) by regulation to establish or dissolve, and regulate procedures of boards,
committees and other standing or ad hoc bodies, including bodies to provide
appropriate expert advice to the Council to support the leadership, development
and regulation of the profession, consisting of members of the Council or others;
(4) by regulation, to delegate powers and functions to any board, committee
or other body whether or not established by or under an Act of Parliament,
or to officers, individuals or groups of individuals;
(5) to appoint a President, who shall be a registered pharmacist, and other
officers of the Society in accordance with regulations; and
(6) by regulation to provide for the use and custody of the Common Seal of
the Society.
9. To the extent that they are not inconsistent with the provisions
of this Our Supplemental Charter, the Byelaws of the Society in existence
at the date of coming into force of this Our Supplemental Charter shall
continue in force and effect until, and to the extent they are, superseded
by regulations made under article 8(2) above.
10. The Society may by Special Resolution amend, add to or revoke any of the
provisions of this Our Supplemental Charter or of any further Charter granted
to the Society, or may amend or replace the name of the Society as specified
in the Charter of 1843, provided that any such amendment, addition or revocation
shall not be effective unless approved by Us, Our Heirs or Successors in Council.
11. In this Our Supplemental Charter “regulations” means
regulations made by the Council, “Special Resolution” means
a resolution of the Council passed in accordance with regulations and
confirmed at a duly convened general meeting of members of the Society
by not less than a two-thirds majority of the votes of the members present
in person (or by proxy as determined by regulations); and “Act
of Parliament” includes an Act of the Scottish Parliament or of
any other devolved administration of Our United Kingdom whether in existence
at the time of coming into force of this Our Supplemental Charter or
not.
12. The Society may by Special Resolution determine to surrender this
Our Supplemental Charter and the Charter of 1843 subject to the sanction
of Us, Our Heirs or Successors in Council upon such terms as We or They
consider fit and wind up or otherwise deal with the affairs of the Society
in such manner as shall be directed in such Special Resolution or in
the absence of such direction as the Council shall think expedient having
regard to the liabilities of the Society for the time being and if, on
the winding up or dissolution of the Society there remains, after the
satisfaction of debts and liabilities, any property or funds whatsoever,
the same shall not be distributed amongst the members of the Society
or any of them but shall, subject to any special trusts affecting the
same, be given or transferred to some other body with objects similar
to those of the Society and whose constitution restricts the distribution
of income and property to the same or greater extent as this Our Supplemental
Charter.
13. Our Royal Will and Pleasure is that this Our Supplemental Charter
shall ever be construed benevolently and in every case most favourably
to the Society and the promotion of the objects.
14. This Our Supplemental Charter shall come into force on such date
as may be specified in writing by the Clerk of Our Privy Council.
IN WITNESS whereof We have caused these Our Letters to be made Patent.
WITNESS Ourself at Westminster the day
of in the year of Our Reign.
BY WARRANT UNDER THE QUEEN'S SIGN MANUAL
|
