- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Pharmacy Order 2010, Section 13.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
13.—(1) If an inspector has reasonable grounds for believing that there is—
(a)a failure in connection with the carrying on of a retail pharmacy business at [F1or from] a registered pharmacy entered in the Register under section 74A of the Medicines Act 1968 (registration or premises: Great Britain) to meet the standards that are [F2set] under article 7(1); F3...
(b)a failure to comply with conditions to which the entry of a registered pharmacy entered in the Register under section 74A of the Medicines Act 1968 is subject by virtue of section 74D(1)(1) of that Act (conditional registration: Great [F4Britain); or]
[F5(c)a failure to comply with a requirement contained in any rules made under article 7(4),]
the inspector may serve a notice on the person carrying on the retail pharmacy business at [F1or from] the registered pharmacy (in this Order referred to as an “improvement notice”).
(2) An improvement notice must—
(a)state the inspector’s grounds for believing that there is a failure referred to in [F6paragraph (1)];
(b)specify the measures that the person to whom the notice is addressed must take in order to rectify that failure;
(c)require that person to take those measures, or measures that the inspector agrees are at least equivalent to them, within the period specified in the notice which may not be less than 28 days beginning with the day on which the notice is served; and
(d)state—
(i)that there is a right of appeal to a magistrates’ court or to the sheriff under article 16, and
(ii)the period within which such an appeal may be brought.
(3) An improvement notice is served by an inspector—
(a)on an individual—
(i)if it is delivered to that individual personally,
(ii)if it is left at that individual’s proper address, or
(iii)if it is sent by first class post or otherwise delivered to that individual at that individual’s proper address;
(b)on a partnership—
(i)if it is delivered personally to a partner in the partnership,
(ii)if it is delivered personally to a person having control or management of the partnership business, or
(iii)if it is sent by first class post or otherwise delivered to the partnership’s proper address;
(c)on a body corporate—
(i)if it is delivered personally to the secretary or clerk of that body,
(ii)if it is sent by first class post or otherwise delivered to that body’s proper address.
(4) For the purposes of paragraph (3), and of section 7 of the Interpretation Act 1978(2) (which defines “service by post”) in its application to that paragraph, the proper address of a person is—
(a)in the case of an individual, to that individual’s home address in the Register;
(b)in the case of a partnership, the address of the principal office of the partnership;
(c)in the case of a body corporate, the address of the registered or principal office of the body.
(5) An improvement notice is treated as having been served, where the notice is sent by post, at the time at which the notice would be delivered in the ordinary course of post or, where the notice has been left at an address, it is treated as having been served on the next working day following the day on which it was left at that address.
(6) The Council may make rules providing for an improvement notice which is required to be served on any person under this article to be served by an electronic communication.
(7) Rules under paragraph (6) must secure that—
(a)an improvement notice cannot be served by an electronic communication unless the person consents in writing to the receipt of notices from the Council by electronic communication and the communication is sent to the number or address specified by that person when giving consent;
(b)an electronic communication received outside of a person’s normal business hours is to be taken to have been served on the next working day.
(8) In this article “working day” means a day which is not a Saturday or Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971(3) in the part of Great Britain in which the premises to which the notice relates are located.
Textual Amendments
F1Words in art. 13(1) inserted (24.5.2018) by The Pharmacy (Premises Standards, Information Obligations, etc.) Order 2016 (S.I. 2016/372), arts. 1(3), 22(2)(a); S.I. 2018/512, art. 2(1)(b)
F2Word in art. 13(1)(a) substituted (24.5.2018) by The Pharmacy (Premises Standards, Information Obligations, etc.) Order 2016 (S.I. 2016/372), arts. 1(3), 22(2)(b); S.I. 2018/512, art. 2(1)(b)
F3Word in art. 13(1)(a) omitted (24.5.2018) by virtue of The Pharmacy (Premises Standards, Information Obligations, etc.) Order 2016 (S.I. 2016/372), arts. 1(3), 22(2)(c); S.I. 2018/512, art. 2(1)(b)
F4Words in art. 13(1)(b) substituted (24.5.2018) by The Pharmacy (Premises Standards, Information Obligations, etc.) Order 2016 (S.I. 2016/372), arts. 1(3), 22(2)(d); S.I. 2018/512, art. 2(1)(b)
F5Art. 13(1)(c) inserted (24.5.2018) by The Pharmacy (Premises Standards, Information Obligations, etc.) Order 2016 (S.I. 2016/372), arts. 1(3), 22(2)(e); S.I. 2018/512, art. 2(1)(b)
F6Words in art. 13(2)(a) substituted (24.5.2018) by The Pharmacy (Premises Standards, Information Obligations, etc.) Order 2016 (S.I. 2016/372), arts. 1(3), 22(3); S.I. 2018/512, art. 2(1)(b)
Commencement Information
I1Art. 13 in force at 10.2.2010 for specified purposes, see art. 1(3)
I2Art. 13 in force at 27.9.2010 in so far as not already in force by S.I. 2010/1621, art. 2(1), Sch.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: