Medicines Act 1968

69 General provisions. U.K.

(1) Subject to the provisions of any order made under section 73 of this Act, a person carrying on a retail pharmacy business shall be taken to be a person lawfully conducting such a business if, not being disqualified by virtue of section 80 of this Act,—

(a) that person (or, if the business is carried on by a partnership, each, or, in Scotland, one or more, of the partners) is a pharmacist and the conditions specified in section 70 of this Act are fulfilled in relation to the business, or

(b) that person is a body corporate and the conditions specified in section 71 of this Act are fulfilled in relation to the business, or

(c) that person is a representative of a pharmacist (as defined by section 72 of this Act) and the conditions specified in subsection (2) of that section are fulfilled in relation to him and in relation to the business and the period applicable in accordance with subsection (3) of that section has not expired.

[F1 (1ZA) In subsection (1)(a) “pharmacist” does not include a person registered in Part 3 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007 (visiting pharmacists from relevant European States) [F2 or a person registered in the register of visiting pharmaceutical chemists from a relevant European State maintained under Article 9 of the Pharmacy (Northern Ireland) Order 1976.].]

(2) For the purposes of the application of this Part of this Act to a business which—

(a) is or is to be carried on in one or more separate or distinct parts (but not the whole) of a building, whether it is or is to be also carried on elsewhere or not, or

(b) so far as concerns the retail sale of medicinal products, or the supply of such products in circumstances corresponding to retail sale, is or is to be carried on in one or more separate or distinct parts (but not the whole) of a building, whether it is or is to be carried on elsewhere or not,

each such part of that building shall be taken to be separate premises.

(3) In this Part of this Act—

• F3 . . .

• “the board”, in relation to a body corporate, means the body of persons controlling the body corporate, by whatever name called;

• “the Council” means the Council of the Pharmaceutical Society;

• “the registrar” in relation to Great Britain means the person [F4 appointed under article 9(1) of the Pharmacists and Pharmacy Technicians Order 2007 as Registrar for the purposes of that Order,] and in relation to Northern Ireland means the person appointed under [F5 Article 9(1) of the M1 Pharmacy (Northern Ireland) Order 1976] as registrar for the purposes of that Act;

• [F6 “the relevant disciplinary committee” means—

  (a)

  in relation to Great Britain, the Disciplinary Committee established under article 7(1)(b) of the Pharmacists and Pharmacy Technicians Order 2007; and

  (b)

  in relation to Northern Ireland, the Statutory Committee appointed under Article 19 of the Pharmacy (Northern Ireland) Order 1976;

• “ relevant European State ” means either an EEA State other than the United Kingdom or Switzerland. ]

• F7 ...

Textual Amendments

F1 S. 69(1ZA) inserted (N.I.) (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 98(a)

F2 Words in s. 69(1ZA) inserted (N.I.) (22.5.2008) by The European Qualifications (Pharmacy) Regulations (Northern Ireland) 2008 (S.R. 2008/192), regs. 1(2), 13(a)

F3 Definition in s. 69(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.XII

F4 Words in s. 69(3) substituted (coming into force in accordance with art. 1(2)(3)) by Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), art. 1(2)(3), Sch. 1 para. 2(4)(a)

F5 Words substituted by (E.W.)(S.) S.I. 1977/1050, art. 2(2) and (N.I.) S.R. 1977 No. 170, reg. 3

F6 Words in s. 69(3) inserted (coming into force in accordance with art. 1(2)(3)) by Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), art. 1(2)(3), Sch. 1 para. 2(4)(b)

F7 Words in s. 69(3) omitted (coming into force in accordance with art. 1(2)(3)) by virtue of Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), art. 1(2)(3), Sch. 1 para. 2(4)(c)

Marginal Citations

M1 S.I. 1976/1213 (N.I. 22)