Medicines Act 1968

80 Power for [F1relevant disciplinary committee] to disqualify and direct removal from register.U.K.

[F2(1)Where a body corporate carries on a retail pharmacy business and—

(a)that body is convicted of an offence under one of the relevant Acts;

(b)any member of the board or any officer of, or person employed by, that body is convicted of an offence, or has been guilty of misconduct, and the offence or misconduct is such as in the opinion of the relevant disciplinary committee renders him, or would if he were a pharmacist, render him unfit to be a pharmacist; or

(c)in respect of premises [F3in Great Britain] that are entered in the register as premises at [F4or from] which the body corporate carries on that business, there is a failure to meet the standards that are [F5provided for in rules made under] [F5set under Article 5A(1) of the Pharmacy (Northern Ireland) Order 1976 or] article 7(1) of the Pharmacy Order 2010 in connection with the carrying on of the business at [F6or from] those premises,

then, subject to the following provisions of this Part of this Act, the relevant disciplinary committee, after inquiring into the case, may direct that the body corporate is to be disqualified for the purposes of this Part of this Act.]

[F7(1A)Where—

(a)a pharmacist or partnership carries on a retail pharmacy business, and

(b)in respect of premises that are entered in the register as premises at or from which that pharmacist or partnership carries on that business, there is a failure to meet the standards that are set under Article 5A(1) of the Pharmacy (Northern Ireland) Order 1976 or article 7(1) of the Pharmacy Order 2010 in connection with the carrying on of the business at or from those premises,

then, subject to the following provisions of this Part of this Act, the relevant disciplinary committee, after inquiring into the case, may direct that the pharmacist or partnership is to be disqualified for the purposes of this Part of this Act.

(1B)But, in a case falling within subsection (1)(c) or (1A), the relevant disciplinary committee may only give a direction under the subsection in question if they are satisfied that the body corporate, the pharmacist or the partnership is unfit to carry on a retail pharmacy business safely and effectively, so far as concerns—

(a)the retail sale of medicinal products (whether they are on a general sale list or not), or

(b)the supply of such products in circumstances corresponding to retail sale.]

(2)In any case falling [F8within the preceding subsection] [F8within subsection (1) or (1A)] —

(a)if the [F9the relevant disciplinary committee] give a direction under [F10that subsection] [F10the subsection in question], they shall direct the registrar to remove from the register all premises entered in the register as being premises at [F11or from] which the body corporate[F12, the pharmacist or the partnership] carries on a retail pharmacy business;

(b)if the [F9the relevant disciplinary committee] do not give a direction under [F13the preceding subsection] [F13the subsection in question], they may, if they think fit, direct the registrar to remove from the register all those premises, or such of them as may be specified in the direction under this paragraph.

[F14(2A)But, in a case falling within subsection (1)(c) or (1A), the relevant disciplinary committee may only direct the registrar under subsection (2)(b) to remove premises from the register if they are satisfied that the body corporate, the pharmacist or the partnership is unfit to carry on a retail pharmacy business safely and effectively at or from those premises, so far as concerns—

(a)the retail sale of medicinal products (whether they are on a general sale list or not), or

(b)the supply of such products in circumstances corresponding to retail sale.]

(3)Directions under subsection (1) [F15or (1A)] of this section and under paragraph (a) of [F16the last preceding subsection] [F16subsection (2)], and any direction under paragraph (b) of [F16the last preceding subsection] [F16subsection (2)], may, if the [F17the relevant disciplinary committee] think fit, be given so as to have effect for a limited period; and in that case the registrar, at the end of that period, shall restore to the register any premises removed from it in compliance with the direction given under paragraph (a) or paragraph (b) of [F16the last preceding subsection] [F16subsection (2)].

(4)Where, in any such case as is mentioned in subsection (1) of section 72 of this Act, a representative, or a person employed by a representative in the business referred to in that subsection,—

(a)is convicted of an offence, or

(b)has been guilty of misconduct,

and the offence or misconduct is such as in the opinion of the [F18the relevant disciplinary committee] renders him, or would if he were a pharmacist render him, unfit to be a pharmacist, then, subject to the following provisions of this Part of this Act, the [F18the relevant disciplinary committee], after inquiring into the case, may direct that the representative shall be disqualified for the purposes of this Part of this Act.

(5)In this and the next following section “the relevant Acts” means [F19the Pharmacy Act 1954, this Act, the Misuse of Drugs Act 1971, the Pharmacy (Northern Ireland) Order 1976, the Pharmacists and Pharmacy Technicians Order 2007 and the Pharmacy Order 2010], and “representative” has the same meaning as in section 72 of this Act.

Textual Amendments

F1Words in heading 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(12)

F9Words in s. 80(2) 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(12)(a)

F17Words in s. 80(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(12)(a)

F18Words in s. 80(4) 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(12)(a)

Modifications etc. (not altering text)

C1S. 80 heading; amendments continued (11.2.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(2)(c), Sch. 6 para. 1(2)(b)

C2S. 80: Power to amend conferred (15.3.2000) by 1999 c. 8, s. 60(1)(2)(4), Sch. 3 para. 2(3)(a); S.I. 2000/779, art. 2(1)

C3S. 80(2)(3)(4) amendments continued (11.2.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(2)(c), Sch. 6 para. 1(2)(c)