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”.