Medicines Act 1968

Changes over time for: Section 71

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Changes to legislation:

Medicines Act 1968, Section 71 is up to date with all changes known to be in force on or before 15 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 69(1A)(1B) added (prosp.) by 1997 c. 19 s. 1 Sch. para. 5(b)
s. 84B inserted by S.I. 2016/372 art. 12

[F1 71 Business carried on by body corporateU.K.

(1)The conditions referred to in section 69(1)(b) of this Act are—

[F2(a)that there is a superintendent in relation to the retail pharmacy business in respect of whom the requirements specified in subsection (6) are fulfilled, and]

(b)that subsections (2) and (3) of this section are both satisfied as respects each of the premises [F3at or from which] the business is carried on and medicinal products, other than medicinal products on a general sale list, are sold by retail.

(2)This subsection is satisfied if a responsible pharmacist who satisfies [F4the requirement of subsection (4)] of this section is in charge of [F5the business carried on at or from] the premises mentioned in subsection (1)(b) of this section, so far as concerns—

(a)the retail sale at [F6or from] those premises of medicinal products (whether they are on a general sale list or not), and

(b)the supply at [F7or from] those premises of such products in circumstances corresponding to retail sale.

(3)This subsection is satisfied if a notice is conspicuously displayed at those premises stating—

(a)the name of the responsible pharmacist for the time being,

[F8(b)the number of his registration under Part 4 of the Pharmacy Order 2010 or, in relation to Northern Ireland, under the Pharmacy (Northern Ireland) Order 1976, and]

(c)the fact that he is for the time being in charge of [F9the business carried on at or from] those premises.

(4)The responsible pharmacist must be—

(a)the superintendent mentioned in subsection (1)(a) of this section, or

(b)a manager or assistant subject to the directions of the superintendent and who is a pharmacist.

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The requirements referred to in subsection (1)(a) of this section in relation to a superintendent are that—

(a)he is a pharmacist,

[F11(aa)he is a senior manager of the retail pharmacy business who has the authority to make decisions that affect the running of the retail pharmacy business so far as concerns—

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

(ii)the supply of such products in circumstances corresponding to retail sale,

and]

(b)a statement in writing signed by him, and signed on behalf of the body corporate, specifying his name F12..., has been sent to the registrar F12...

F13(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(7A)For the purposes of subsection (6)(aa), a person is a senior manager of a retail pharmacy business if the person plays a significant role (irrespective of whether other individuals also do so) in—

(a)the making of decisions about how the whole or a substantial part of its activities are to be managed or organised, or

(b)the actual managing or organising of the whole or a substantial part of those activities.]

[F16(8)[F17If a person who has been the superintendent in relation to a retail pharmacy business ceases to be the superintendent in relation to the business] (otherwise than by reason of death) the person must notify the registrar in writing of that fact within the period of 28 days beginning with the day on which the person ceases to [F18be the superintendent in relation to the business].]