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Medicines Act 1968, Section 74C is up to date with all changes known to be in force on or before 28 January 2025. 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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(1)The registrar may restore to Part 3 of the register the entry of premises removed from that part of the register by virtue of section 74A(7) if an application is made to the registrar in accordance with this section.
(2)An entry restored under this section to Part 3 of the register—
(a)is still to be treated as having been entered in that part of the register under section 74A;
(b)is valid for the period of one year beginning with the day on which the entry would otherwise have ceased to be valid by virtue of section 74A(7) or is valid for such longer period beginning with that day as the registrar may in any particular case allow; and
(c)may be subject to the same conditions as those to which the entry was subject immediately before it was removed from Part 3 of the register by virtue of section 74A(7) or may be subject to such other conditions as the registrar may impose under section 74D(1).
(3)An application for restoration may be made to the registrar by the person who is the owner of the retail pharmacy business previously carried on at [F2or from] the premises and that person must be—
(a)a person who is lawfully conducting a retail pharmacy business; or
(b)a person who, if the entry of the premises is restored to Part 3 of the register and the person begins to carry on a retail pharmacy business at [F3or from] the premises, will, from the time the person begins to do so, be a person lawfully conducting a retail pharmacy business.
(4)The General Pharmaceutical Council may make rules in connection with applications under this section.
(5)Rules under subsection (4) may, in particular, include provision—
(a)about the form and manner in which applications are to be made (and the rules may provide that applicants must apply using application forms that are in such form as the General Pharmaceutical Council may determine from time to time);
(b)about the information to be provided in respect of applications; and
(c)about the circumstances in which applications must or, as the case may be, may be refused (including where an application for renewal under this section was not received by the registrar by the time prescribed by the General Pharmaceutical Council in rules under section 74B(2)(b)).
(6)Where the registrar restores the entry of premises to Part 3 of the register pursuant to an application under this section, the registrar must give notice in writing of that restoration to the applicant.
(7)The notice under subsection (6) must specify—
(a)the period for which the entry restored to Part 3 of the register is valid;
(b)any conditions to which that entry is subject by virtue of subsection (2)(c).
(8)The notice under subsection (6) must be sent—
(a)where the retail pharmacy business was carried on by an individual, to that individual at that individual’s home address in the register;
(b)where the retail pharmacy business was carried on by a partnership, to that partnership at its principal office;
(c)where the retail pharmacy business was carried on by a body corporate, to that body corporate at its registered or principal office.]
Textual Amendments
F1Ss. 74A-74L inserted (10.2.2010 for specified purposes, 27.9.2010 in so far as not already in force) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(3), Sch. 4 para. 1(8) (with Sch. 5 para. 10); S.I. 2010/1621, art. 2(1), Sch.
F2Words in s. 74C(3) inserted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), art. 1(3), Sch. 2 para. 9(a); S.I. 2022/1023, art. 2
F3Words in s. 74C(3)(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. 9(b); S.I. 2022/1023, art. 2
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