The Society had introduced rules which had the effect that candidates who had failed the registration examination three times were refused permission to try again. The applicants sought to challenge the bylaws by judicial review. The council of the society were authorised by their charter made under the Act, to make, alter etc bylaws for all or any purposes. The power was framed very widely, and this view was supported by the statutory history. The statute also suggested that the source of the power should be framed by reference to the Act rather than the Charter. Nevertheless, the bylaw was not curtailed by statute, and was not ultra vires.
Judges:
Kennedy LJ, Chadwick LJ, Rix, LJ
Citations:
Times 09-Aug-2001, Gazette 27-Sep-2001
Statutes:
Pharmacy Act 1852, Poison and Pharmacy Act 1908 4, Pharmacy Act 1954 4(1)
Jurisdiction:
England and Wales
Administrative, Health Professions
Updated: 08 May 2022; Ref: scu.136174
