The Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1992

Register for the purposes of article 11(5)

12.—(1) For the purposes of article 11(5), the Society and the Department of Health (N.I.) shall each continue to keep a register of persons as being persons entitled, in the course of qualifying businesses or saddlery businesses carried on by the m, to sell by retail on premises in respect of which their names are entered in the register, any veterinary drug described in article 11(1) (a) free from the restrictions imposed by section 52 of the Act, if and so long as the conditions contained in article 11 are complied with.

(2) Details of premises used for the storage of any veterinary drug described in article 11(1) (a) at a different postal address from that of premises used to sell by retail such drug shall be recorded in a register kept under paragraph (1) above.

(3) Where a person who, whilst carrying on a qualifying business or a saddlery business elsewhere than in Northern Ireland, makes anapplication in writing to the Society for his name to be entered in the register kept by the Society under paragraph (1) above in respect of any premises on which any veterinary drug described in article 11(1) (a) isto be sold or stored by him in the course of that qualifying business or saddlery business, the Society shall, subject to paragraphs (8) and (9) below, enter his name in that register in respect of those premises.

(4) Where a person who, whilst carrying on a qualifying business or a saddlery business in Northern Ireland, makes an application in writing to the Department of Health (N.I.) for his name to be entered in the register kept by the Department of Health (N.I.) under paragraph (1) above in respect of any premises on which any veterinary drug described in article 11(1) (a) is to be sold or stored by him in the course of that qualifying business or saddlery business, the Department of Health (N.I.) shall, subject to paragraphs (8) and (9) below, enter his name in that register in respect of those premises.

(5) Subject to paragraphs (10) and (12) below, a person whose name is entered in the register kept by the Society or the Department of Health (N.I.) under paragraph (1) above in respect of any premises shall, in order to retain his name in the register in respect of those premises in any year subsequent to the year in which his name was first entered in it, in the month of January in any such year make an application in writing to the Society or the Department of Health (N.I.) (as the case may be) for his name to be retained in that register in respect of those premises.

(6) Subject to paragraphs (11) and (12) below, a person whose name is removed from the register kept by the Society or the Department of Health (N.I.) under paragraph (1) above in respect of any premises by reason only that he failed either to make proper application for the retention of his name in the register pursuant to paragraph (5) above or to pay the fee due in respect of the retention of his name in the register pursuant to paragraph (10) below may, in order to restore his name to the register in respect of those premises, make an application in writing to the Society or the Department of Health (N.I.) (as the case may be) for his name to be restored to the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) in respect of those premises.

(7) There shall be paid to the Society or the Department of Health (N.I.)—

(a) in respect of the entry in the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above of the name of any person in respect of any premises on which any veterinary drug described in article 11(1) (a) is to be sold or stored a fee of £99 for each such premises;

(b) in respect of the retention in the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above of the name of any person in respect of any premises on which any veterinary drug described in article 11(1) (a) is to be sold or stored a fee of £62 for each such premises;

(c) in respect of the restoration to the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above of the name of any person in respect of any premises on which any veterinary drug described in article 11(1) (a) is to be sold or stored a fee of £87 for each such premises;whose name is for the time being entered in, or in the course of beingrestored to, the Register of Merchants in respect of those premises asbeing a person entitled to sell or store the reon, during the course of a qualifying business carried on by him, any veterinary drug described in article 3(1) or (3) (a) or (b).

(8) The Society or the Department of Health (N.I.) shall refuse to enterin the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above the name of any person in respect of any premises unless that person—

(a) has paid to the Society or the Department of Health (N.I.) (as the case may be) the fee specified in paragraph (7) (a) above for the entry of his name in the register; and

(b) has given to the Society or the Department of Health (N.I.) (as the case may be) an undertaking in writing that he will comply with the provisions of the Code of Practice for Saddlers Selling or Supplying Horse Wormers dated December 1991 and published by the Ministry of Agriculture, Fisheries and Food (being a Code relating to the sale or supply of the veterinary drugs described in article 11(1) (a)).

(9) the Society, with the approval of the Minister, or the Department of Health (N.I.), with the approval of the Department of Agriculture, may refuse to enter in the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (N.I.) (as the case may be), the premises are unsuitable for the storage or safekeeping of any veterinary drug described in article 11(1) (a).

(10) The Society or the Department of Health (N.I.) shall refuse to retain in the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above in any year subsequent to the year in which his name is first entered in it the name of any person in respect of any premises unless that person has paid to the Society or the Department of Health (N.I.) (as the case may be) on or before 31st January in that year the fee specified in paragraph (7) (b) above for the retention of his name in the register.

(11) The Society or the Department of Health (N.I.) shall refuse to restore to the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above the name of any person in respect of any premises unless that person, having made proper application pursuant to paragraph (6) above, has paid to the Society or the Department of Health (N.I.) (as the case may be) the fee specified in paragraph (7) (c) above for the restoration of his name to the register.

(12) The Society, with the approval of the Minister, or the Department of Health (N.I.), with the approval of the Department of Agriculture, may refuse to retain in or to restore to, or may remove from, the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (N.I.) (as the case may be)—

(a) that person has failed to observe any of the provisions of the Code of Practice referred to in paragraph (8) (b) above; or

(b) the conditions under which any veterinary drug described in article 11(1) (a) is sold by retail on those premises or under which it is stored on those premises (whether immediately prior to retail sale or not) are unsuitable for that purpose.

(13) In respect of any premises the Society or the Department of Health (N.I.) may remove from the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above the name of any person entered in it, at the request of that person.