PART 2Responsible pharmacists and superintendent pharmacists

Superintendent pharmacists6

1

In section 71 of the 1968 Act6 (business carried on by body corporate)—

a

in subsection (1), for paragraph (a) (and the following “and”), substitute the following paragraph—

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

in subsection (6)—

i

after paragraph (a), insert the following paragraph—

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

ii

in paragraph (b), omit “and stating whether he is a member of the board of that body or not”, and omit “, and” at the end of the paragraph, and

iii

omit paragraph (c);

c

before subsection (8), insert the following subsection—

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.

d

in subsection (8)—

i

for the words from “If a person” to “ceases to do so” substitute “If a person who has been the superintendent in relation to a retail pharmacy business ceases to be the superintendent in relation to the business”, and

ii

for “manage the business” substitute “be the superintendent in relation to the business”; and

e

omit subsection (9).

2

After section 72A of the 1968 Act (the responsible pharmacist) insert the following section—

The superintendent72AA

It is the duty of the superintendent in relation to a retail pharmacy business to secure that the business is at all times carried on in ways that ensure its safe and effective running so far as concerns—

a

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

b

the supply of such products in circumstances corresponding to retail sale.

3

In section 78 of the 1968 Act7 (restrictions on use of titles, descriptions and emblems), in subsection (3)(b), omit the words from “, and that the pharmacist who” to “body corporate”.