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The Pharmaceutical Journal
Vol 273 No 7307 p68
10 July 2004


Society summary


Proposed Charter changes expected to be acceptable to Privy Council

The Council's proposed changes to the draft new Charter (see panel below) should be acceptable to the Privy Council. That is the view of an expert in the law relating to chartered bodies, Robert Bulling, of Allen & Overy.

The Council’s main proposed revisions to the draft new Charter

The following are the Council’s main proposed revisions to the draft new Charter:

· The reordering of Object 3 to place it as the second object and its revision to read: “to safeguard, maintain the honour, and promote the interests of pharmacists in their exercise of the profession of pharmacy”

· A revision of the former Object 2 (now Object 3) to read “to promote and protect the health and well-being of the public through the regulation and professional leadership and development of the pharmacy profession and the regulation of other persons engaged in related activities”

· A requirement that any new category of membership should be subject to the members’ approval

· A requirement that any proposal from the Society to change the Council’s composition should be subject to the members’ approval

· A provision allowing the Council to ballot the members for approval of constitutional changes

· An acknowledgement of the potential for developments in devolution in measures relating to the winding-up of the Society

Mr Bulling (who is a member of the Society’s modernisation steering group) gave his opinion during the special Council meeting on 30 June in response to concerns expressed by Council member Hassan Argomandkhah, who said there was a need to sort out the language used in relation to the proposed changes. People talked of “minor changes” and “substantive changes”. It was important because the Privy Council would not accept what it saw as major changes.

Mr Bulling agreed that there was an issue with regard to whether some things were major or minor changes. That was to do with whether or not they could proceed on the basis of the existing petition and put back to the Privy Council a modified draft. His view was that the changes the Council had agreed to make were within the contemplation of that exercise. So from this point, they need not talk about minor or major.

There was another question as to whether or not any issues that arose during or after the ballot could be taken on board. He thought that that would probably depend on whether they were just a technicality or some minor typographical error to be sorted out. Basically, the Council was now going to ask the members to say yes or no to the draft. The ground was laid to go back to the Privy Council for amendment under the existing petition.

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