Medicines Act 1968

[F1 72A The responsible pharmacist U.K.

[F2 (A1) Nothing in this Part is to be taken as requiring there to be a responsible pharmacist in respect of premises at or from which a retail pharmacy business is carried on at a time when no medicinal products (whether they are on a general sale list or not) are being—

(a) offered or exposed for sale by retail or supply in circumstances corresponding to retail sale at or from the premises, or

(b) assembled, prepared or dispensed at or from the premises with a view to such sale or supply.]

(1) It is the duty of the responsible pharmacist mentioned in sections 70, 71 and 72 of this Act to secure the safe and effective running of the pharmacy [F3 business carried on at or from] the premises in question so far as concerns—

(a) the retail sale at [F4 or from] those premises of medicinal products (whether they are on a general sale list or not), and

(b) the supply at [F5 or from] those premises of such products in circumstances corresponding to retail sale.

(2) A person may not be the responsible pharmacist in respect of more than one set of premises at the same time, except in circumstances specified by [F6 the General Pharmaceutical Council in rules in relation to premises in Great Britain or the Council of the Pharmaceutical Society of Northern Ireland in regulations in relation to premises in Northern Ireland], and then only if such conditions as may be so specified are complied with.

F7 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 (6) The General Pharmaceutical Council may make further provision in rules in relation to the responsible pharmacist in respect of premises in Great Britain, and the Council of the Pharmaceutical Society of Northern Ireland may make further provision in regulations in relation to the responsible pharmacist in respect of premises in Northern Ireland.

(6A) In making any such provision, the General Pharmaceutical Council and the Council of the Pharmaceutical Society of Northern Ireland must have regard to the principle that the burdens imposed on businesses by rules or regulations should be the minimum necessary to secure the benefits, considered in general terms, which are expected to result from the rules or regulations.

(7) The rules and regulations mentioned in subsection (6) may (amongst other things)—

(a) make further provision about the matters mentioned in subsection (1);

(b) make provision about the responsible pharmacist’s absence from the premises.

(7A) If such rules or regulations make provision about the responsible pharmacist’s absence from the premises, they must also provide that the retail sale of medicinal products on a general sale list may continue at or from the premises during any period in which the responsible pharmacist is absent from the premises.]

F9 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Ss. 72A, 72B inserted (19.7.2006 for specified purposes) by Health Act 2006 (c. 28), ss. 30(1), 83(1)(e)

F2 S. 72A(A1) inserted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), arts. 1(3), 5(2); S.I. 2022/1023, art. 2

F3 Words in s. 72A(1) substituted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), art. 1(3), Sch. 2 para. 6(a); S.I. 2022/1023, art. 2

F4 Words in s. 72A(1)(a) inserted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), art. 1(3), Sch. 2 para. 6(b); S.I. 2022/1023, art. 2

F5 Words in s. 72A(1)(b) inserted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), art. 1(3), Sch. 2 para. 6(c); S.I. 2022/1023, art. 2

F6 Words in s. 72A(2) substituted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), arts. 1(3), 5(3); S.I. 2022/1023, art. 2

F7 S. 72A(3)-(5) omitted (1.12.2022) by virtue of The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), arts. 1(3), 5(4) (with art. 8(2)); S.I. 2022/1023, art. 2

F8 S. 72A(6)-(7A) substituted for s. 72A(6)(7) (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), arts. 1(3), 5(5); S.I. 2022/1023, art. 2

F9 S. 72A(8) omitted (1.12.2022) by virtue of The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), arts. 1(3), 5(6); S.I. 2022/1023, art. 2