Pharmacy Act 1954 (repealed)

9 Restriction on directions by Statutory Committee.F1 E+W+S

(1) No direction (other than a direction authorising the registration or restoration to the register of a name) shall be given by the Statutory Committee under subsection (1) of the last foregoing section without the assent of the chairman of the Committee.

(2) Where an act or omission which, under the last foregoing section, may be made the ground of a direction by the Statutory Committee involving the cesser or restriction of the right of a person to have his name registered is an act or omission on the part of an employee of that person, the Committee shall not give any such direction unless proof is given to its satisfaction of some one or more of the facts specified in the next following subsection and the Committee is of opinion that, having regard to the facts so proved, the said person ought to be regarded as responsible for the act or omission.

(3) The facts as to some one or more of which the Committee must be satisfied before giving any such direction as is mentioned in subsection (2) of this section are—

(a) that the act or omission in question was instigated or connived at by the said person;

(b) that the said person or any employee of his had been guilty at some time within twelve months before the date on which the act or omission in question took place of a similar act or omission and that the said person had, or reasonably ought to have had, knowledge of that previous act or omission;

(c) if the act or omission in question was a continuing act or omission, that the said person had, or reasonably ought to have had, knowledge of the continuance thereof;

(d) in the case of a criminal offence being an offence under the Pharmacy Acts, that the said person had not used due diligence to enforce the execution of those Acts.

Textual Amendments applied to the whole legislation

F1 Act: power to modify conferred (15.3.2000) by 1999 c. 8, s. 60(1)(2)(a)(4), Sch. 3; S.I. 2000/779, art. 2(1)