The Pharmaceutical Journal
Vol 273 No 7312 p241-242
14 August 2004

Alterations to the Byelaws: statutory fees and auditors

Notice is hereby given in accordance with Section XXVIII of the Byelaws that the Council of the Society has approved proposals to alter the Byelaws concerning statutory fees as hereunder and that it intends to make such alterations after the expiry of 60 days from the date of this notice, subject to such amendments as the Lords of the Privy Council may require.

1. Section II
Section II shall be deleted in its entirety and replaced as follows:

SECTION II: MEMBERS
AND FEES PAYABLE TO THE SOCIETY

1. No person shall be a member of the Society unless he is registered as a pharmacist.

Annual retention fee
2. Subject to paragraph (3), each member wishing to retain his name in the register shall pay an annual retention fee as set out in the fourth Schedule to these Byelaws.
3. A pharmacist who on 30 December 1933 was a
life-member in accordance with the Byelaws then in force shall pay no retention fee.

Application fee and procedure for recognition as a Supplementary Prescriber
4. Any pharmacist applying to be recognised as a Supplementary Prescriber shall pay an application fee as set out in the fourth Schedule to these Byelaws.
5. Any pharmacist applying to be recognised as a Supplementary Prescriber shall produce evidence to satisfy the Registrar that he holds a practising certificate in Supplementary Prescribing approved by the Council.
6. Upon: (a) receipt of the application fee set out in the fourth Schedule to these Byelaws; and (b) being satisfied of the matters set out in paragraph (5), the Registrar shall annotate the Register of Pharmaceutical Chemists to signify that the pharmacist is qualified to order drugs, medicines and appliances as Supplementary Prescriber, in accordance with Section XXI (5) of these Byelaws.

Due date for fees
7. Every retention fee shall be due and payable on the first day of January in each year in respect of which such fee is payable.
8. Every application fee shall be due and payable upon the making of the application.

Procedure where fees have not been paid by due date
9. The Registrar may send to any pharmacist who has not paid his retention fee on the date specified in paragraph (7) above, a demand for payment.
10. The demand for payment shall be: (a) sent by registered or recorded delivery to the address of the pharmacist as it appears on the register; and (b) deemed to have been served on the pharmacist on the day after it was posted.
11. Where a pharmacist has failed to pay his retention fee to the Society within two months of the date of service of the demand for payment: (a) the Registrar shall bring the matter to the attention of the Council; and (b) the Council may direct the Registrar to remove the name of the pharmacist from the register.
12. The Registrar shall refuse to consider or progress any application until the appropriate application fee has been paid.

2. Section XI
Section XI shall be deleted in its entirety and replaced as follows:

SECTION XI: AUDITORS

1. The Council shall appoint an auditor or auditors of the accounts of the Society.
2. No person may be appointed as an auditor unless he is a member of a body of accountants established in the United Kingdom and for the time being recognised for the purposes of subsection (1) of Section 25 of the Companies Act 1989 or Article 28 of the Companies (Northern Ireland) Order 1990.
3. The Council shall determine the term for which the auditor or auditors shall hold office, and shall fix his or their remuneration as it sees fit.
4. The auditors shall audit and prepare a report to the Council on the annual statement of income and expenditure and of liabilities and assets prepared by officials of the Society.

3. Section XII
Section XII shall be amended as follows:

(a) in the heading to Section XII, the words “AND AUDITORS” shall be deleted.
(b) in paragraph (3) the words “and Auditors”; “or as an Auditor”; “or any Auditor”; “or an Auditor as the case may be” shall be deleted;
(c) in paragraph (3) the words “In the election of Auditors, any four members desirous of nominating any other member for election as an Auditor, shall on or before the 18th day of March in an election year, give a notice signed by them to the Secretary with the name and address of the nominee.” shall be deleted;
(d) in paragraph (4) the words
“ ; and at its monthly meeting in April in each year that an election of Auditors is to be held prepare a list of all members nominated for election and willing to be elected as Auditors” shall be deleted;
(e) in paragraph (5) the words “and a complete list of five Auditors” shall be deleted;
(f) in paragraph (5) the word “lists” shall be replaced by “list”;
(g) in paragraph (7) the words “ In the election of Auditors each member shall have five votes.”shall be deleted;
(h) in paragraph (7) the words “The five candidates with the highest number of votes shall be elected.” shall be deleted; and
(i) in paragraph (9) the words “and as auditors” shall be deleted.

4. Section XIX
Section XIX shall be amended as follows:

(a) in paragraph 2(b); 4(d); 5(b); and 6(e)(iii), the words “of £110” shall be replaced with “specified in the fourth Schedule to these Byelaws”;
(b) in paragraph 6(e)(i), the words “of up to £445” shall be replaced with “specified in the fourth Schedule to these Byelaws”; and
(c) in paragraph 6(e)(ii) the words “of £445” shall be replaced with “specified in the fourth Schedule to these Byelaws”.

5. Section XX
Section XX shall be amended as follows:

(a) in paragraph 3, the words “of £97” shall be replaced with “specified in the fourth Schedule to these Byelaws”;
(b) in paragraph 21(b), the words “ of £112” shall be replaced with “specified in the fourth Schedule to these Byelaws”;
(c) in paragraph 26, the words “of £135” and “of £265” shall be replaced with “specified in the fourth Schedule to these Byelaws”; and
(d) in paragraph 27, the words “of £135” and “”of £265” shall be replaced with “specified in the fourth Schedule to these Byelaws”.

6. Section XXI
Section XXI shall be amended as follows:

(a) in paragraph 1, the words “whether the person is a practising or non-practising pharmacist” shall be inserted after the words “the date of registration”.

7. Third Schedule
The third Schedule to the Byelaws shall be deleted in its entirety and replaced as follows:

THIRD SCHEDULE: THE ANNUAL REGISTER OF PHARMACEUTICAL CHEMISTS

The letters in the last margin to the right indicate the status of the member as follows:

F indicates that the member is a Fellow of the Royal Pharmaceutical Society
P indicates that the member is a practising pharmacist*
NP indicates that the member is a non-practising pharmacist*
sp indicates that the member is qualified to order drugs, medicines and appliances as a Supplementary Prescriber

* a practising pharmacist is a member who undertakes any work in, or gives advice in relation to, the science of medicines or the practice of pharmacy or healthcare.
* a non-practising pharmacist is a member who does not engage in pharmacy practice, is not involved in patient care and does not work in or give advice in relation to, the science of medicines or the practice of pharmacy or healthcare.

8. Fourth Schedule
The fourth Schedule to the Byelaws shall be deleted in its entirety and replaced as follows:

FOURTH SCHEDULE: FEES PAYABLE TO THE SOCIETY

Annual retention fee
1. The annual retention fee payable by a member in accordance with Section II(2) of these Byelaws shall be as follows: (a) non-practising pharmacists shall pay a retention fee of £46; and (b) practising pharmacists shall pay a retention fee of £256.

Upgrade fee
2. The fee payable in respect of any pharmacist who wishes to upgrade his registration status from non-practising to practising, shall be £210.

Restoration fee
3. The fee payable by any person whose name has been erased from the register: (a) for non payment of the annual retention fee; or (b) following a direction issued by the Society’s Statutory Committee, — and who applies to the Society to have his name restored to the register, shall be £494.
4. A person whose application for the voluntary removal of his name from the register is accepted by the Society, and who then subsequently applies to the Society to have his name restored to the register, shall pay an application fee of £125.
5. Any person whose name is restored to the register shall pay, in addition to the fee specified in paragraph (3) or (4) above, the annual retention pay specified in paragraph (1)(a) or (1)(b).

Application fee for recognition as a Supplementary Prescriber
6. Any pharmacist applying to be recognised as a Supplementary Prescriber shall pay an application fee of £35.

Application fee for registration of overseas pharmacists under reciprocal arrangements
7. The application fee for registration pursuant to an agreement entered into in accordance with the provisions of Section XIX (1) and (3) of these Byelaws shall be £125.

Fees for persons wishing to be registered under the Pharmacy Act 1954
8. The application fee for registration in accordance with the provisions of Section XIX (5) and XIX (6)(e)(iii) of these Byelaws shall be £125.
9. The fees payable in respect of Section XIX (6)(e)(i) and (ii) of these Byelaws shall be as follows: (a) the fee for examination of evidence shall be £556; and (b) the fee for inquiry before, and interview by, the Adjudicating Committee shall be £556.

Application fee for registration by persons having completed preregistration training within Great Britain
10. The fee for applications pursuant to Section XX (3) of these Byelaws shall be £125

Fees in respect of preregistration training
11. The fees payable in respect of Section XX (21)(b) of these Byelaws shall be £140.
12. The fees payable in respect of Section XX (26) of these Byelaws shall be as follows: (a) the examination fee shall be £165; (b) the late entry fee shall be £330;
13. The fees payable in respect of Section XX (27) of these Byelaws shall be as follows: (a) the examination resit fee shall be £165; (b) the late entry fee shall be £330.

Ann Lewis
Secretary and Registrar

Notes: (1) The fees set out in the fourth Schedule were determined by Council at its meeting on 4 August 2004. (2) In the current Byelaws, the fees payable by members and students are specified in a number of different sections; for ease of reference, therefore, the proposed amendment sets out all the fees in a single Schedule. (3) Premises fees are fixed by regulation of the Secretary of State for the Department of Health to whom the Council will make application for the registration fee to be increased from £163 to £460, the retention fee to be increased from £125 to £150 and the restoration fee to be increased from £336 to £460 as from 1 January 2005. (4) At its meeting on 4 August 2004, the Council determined that the post of honorary auditor should be discontinued; the Society’s accounts will continue to be audited by professional accountants and the Byelaws have been amended to reflect this. (5) News item about statutory fees and the honorary auditors appear on p233 and p235.