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Medicines Act 1968

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Medicines Act 1968, Cross Heading: Registration of pharmacies is up to date with all changes known to be in force on or before 21 May 2024. 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. Help about Changes to Legislation

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Registration of pharmaciesU.K.

74 Meaning of “registered pharmacy".U.K.

(1)F1. . . In this Act “registered pharmacy” means premises for the time being entered in the register F2....

[F3(1A)If the entry of a registered pharmacy in the register is suspended under [F4paragraph (4)(b) of article 14] [F4section 82A of this Act, paragraph 8 of Schedule 3 to the Pharmacy (Northern Ireland) Order 1976 or article 14(4)(b) or 56] of the Pharmacy Order 2010 then, except for such purposes [F5of that Order] as the General Pharmaceutical Council may prescribe by rules [F6in relation to Great Britain or the Council of the Pharmaceutical Society of Northern Ireland may prescribe by regulations in relation to Northern Ireland], that registered pharmacy must be treated as not being entered in the register notwithstanding that the register still includes the address of that pharmacy.]

[F3(1B)Accordingly, premises whose entry in the register is suspended are not to be treated as a registered pharmacy for the purposes of this Act or any other enactment [F7apart from that Order] [F7except for a purpose prescribed by the rules or regulations mentioned in subsection (1A)] .]

F8(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 74(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1Pt. XII

F3S. 74(1A)(1B) 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(7)(b); S.I. 2010/1621, art. 2(1), Sch.

F8S. 74(2)(4) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XII

[F1074A.Registration of premises: Great BritainU.K.

(1)This section applies in relation to premises in Great Britain.

(2)If the registrar is satisfied that the conditions in section 74B are met in relation to premises that are not entered in the register, the registrar must enter the premises in Part 3 of the register unless the registrar considers that doing so would prejudice the health, safety or well-being of members of the public.

(3)Subject to subsection (5) and to section 74H, the entry of premises entered in Part 3 of the register under subsection (2) is valid for the period of one year beginning with the date on which the entry was made.

(4)If the registrar is satisfied that the conditions in section 74B are met in relation to premises entered in Part 3 of the register under subsection (2), the registrar must renew the entry of the premises unless the registrar considers that doing so would prejudice the health, safety or well-being of members of the public.

(5)Subject to subsection (7) and to section 74H, each renewal of the entry of premises entered in Part 3 of the register under subsection (2) extends the validity of the entry for the period of one year beginning with the day on which the entry would otherwise have ceased to be valid.

(6)The registrar may, except in such circumstances as may be prescribed by the General Pharmaceutical Council in rules, renew the entry of premises in Part 3 of the register for a period exceeding one year beginning with the day on which the entry would otherwise have ceased to be valid in which case the renewal of the entry of premises entered in that part of the register under subsection (2) extends the validity of the entry for that period.

(7)If the entry of premises entered in Part 3 of the register under this section ceases to be valid then, except in such circumstances as may be prescribed by the General Pharmaceutical Council in rules, the premises are to be treated for all purposes as no longer being entered in Part 3 of the register and accordingly the registrar must remove the entry from that part of the register.]

Textual Amendments

F10Ss. 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.

[F1074B.Conditions for registration: Great BritainU.K.

(1)The conditions referred to in section 74A are as follows.

(2)Condition A is that an application for the entry of the premises in Part 3 of the register or, as the case may be, for the renewal of the entry of the premises in Part 3 of the register is made—

(a)in such form and manner as is prescribed in rules made by the General Pharmaceutical Council; and

(b)if the application is an application for renewal, by such time prior to the entry ceasing to be valid as is so prescribed.

(3)Condition B is that the appropriate fee prescribed in rules made by the General Pharmaceutical Council under article 36(1) of the Pharmacy Order 2010 is paid.

(4)Condition C—

(a)if the application is an application for the entry of the premises in Part 3 of the register, is that either—

(i)the applicant is lawfully conducting a retail pharmacy business, or

(ii)if the premises are entered in Part 3 of the register, and the applicant begins to carry on a retail pharmacy business at [F11or from] the premises, the applicant will, from the time the applicant begins to do so, be a person lawfully conducting a retail pharmacy business; or

(b)if the application is an application for the renewal of the entry of the premises in Part 3 of the register, is that the applicant is lawfully conducting a retail pharmacy business at [F12or from] the premises.

(5)Condition D—

(a)if the application is an application for the entry of the premises in Part 3 of the register, is that the standards that are [F13provided for in rules made] [F13set] under article 7(1) of the Pharmacy Order 2010 are met, or are capable of being met, in connection with the carrying on of a retail pharmacy business at [F14or from] the premises; or

(b)if the application is an application for the renewal of the entry of the premises in Part 3 of the register, is—

(i)that the standards that are [F15provided for in rules made] [F15set] under article 7(1) of the Pharmacy Order 2010 are met in connection with the carrying on of a retail pharmacy business at [F16or from] the premises, and

(ii)that the requirements of rules [F17(if any)] made under article 7(4) of that Order are met by the person carrying on a retail pharmacy business at [F18or from] the premises.]

Textual Amendments

F10Ss. 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.

[F1074C.Supplementary provision in respect of registration of premises: Great BritainU.K.

(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 [F19or 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 [F20or 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.]

[F1074D.Conditional registration: Great BritainU.K.

(1)The registrar may make the entry of premises entered in Part 3 of the register under section 74A subject to such conditions as the registrar considers it necessary to impose for the purpose of securing the safe and effective practice of pharmacy [F21in the course of the business carried on at or from] those premises.

(2)The power under subsection (1)—

(a)may be exercised on the making of the entry or subsequently (whether on a renewal of the entry or otherwise);

(b)includes power to vary the conditions to which the entry of the premises in Part 3 of the register is subject, including by adding to the conditions or revoking any of them.

(3)Except as provided in subsection (4), the registrar may not under subsection (1)—

(a)impose a new condition in respect of premises already entered in Part 3 of the register; or

(b)vary or revoke any conditions to which the entry of premises entered in Part 3 of the register is subject,

unless the registrar has given reasonable notice in writing of the condition to be imposed or, as the case may be, of the variation or revocation of an existing condition, to the person carrying on the retail pharmacy business at [F22or from] the premises and of the date from which that condition, variation or revocation is to have effect.

(4)The registrar may, with immediate effect—

(a)impose a new condition in respect of premises already entered in Part 3 of the register; or

(b)vary or revoke any conditions to which the entry of premises entered in Part 3 of the register is subject,

if, in the registrar’s opinion, the giving of reasonable notice as required by subsection (3) would prejudice the health, safety or well-being of members of the public.

(5)The registrar must give notice in writing of any decision under subsection (4) to the person carrying on a retail pharmacy business at [F23or from] the premises.

(6)The notice under subsection (5) must be sent—

(a)where the retail pharmacy business is carried on by an individual, to that individual at that individual’s home address in the register;

(b)where the retail pharmacy business is carried on by a partnership, to that partnership at its principal office; or

(c)where the retail pharmacy business is carried on by a body corporate, to that body corporate at its registered or principal office.

(7)Where premises are entered in the register because condition C in section 74B is met by virtue of subsection (4)(a)(ii) of that section, the registrar may, on making the entry of the premises in the register, also make that entry subject to a condition that the applicant for registration will be a person lawfully conducting a retail pharmacy business within such period as the registrar reasonably determines beginning with the date on which the entry is made.]

[F1074E.Supplementary provision in respect of conditional registration: Great BritainU.K.

(1)Where the entry of premises entered in Part 3 of the register is subject to conditions imposed under section 74D(1), the person carrying on the business at [F24or from] the premises may apply to the registrar for any of the conditions imposed to be varied or revoked.

(2)The General Pharmaceutical Council may make rules in connection with applications under subsection (1).

(3)Rules under subsection (2) 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;

(c)about the circumstances in which applications may be refused by the registrar;

(d)about the giving of notice of the decision in respect of the application to the applicant by the registrar.

(4)The registrar may vary a condition imposed under section 74D(7) by extending the period within which the applicant for registration must become a person lawfully conducting a retail pharmacy business.

(5)Where premises are entered in the register subject to a condition imposed under subsection (7) of section 74D, the registrar may remove the entry if the applicant is not a person lawfully conducting a retail pharmacy business at [F25or from] the premises within the period determined by the registrar in accordance with that subsection or within such longer period as the registrar may, by virtue of subsection (4), allow.

(6)Where the registrar—

(a)varies a condition under subsection (5); or

(b)removes an entry of premises in Part 3 of the register under subsection (4),

the registrar must send to the person who applied for registration a statement in writing giving that person notice of the decision and the reasons for it.

(7)The notice under subsection (6) must be sent—

(a)where the person who applied for registration is an individual, to that individual at that individual’s home address in the register;

(b)where that person is a partnership, to that partnership at its principal office;

(c)where that person is a body corporate, to that body corporate at its registered or principal office.]

[F1074F.Giving of notice by registrar: Great BritainU.K.

(1)Where, in pursuance of an application, the registrar enters premises in Part 3 of the register under section 74A, the registrar must give to the applicant a written confirmation of the entry.

(2)The written confirmation under subsection (1) must include—

(a)the number of the entry;

(b)the date on which the entry was made;

(c)the period for which the entry is valid; and

(d)details of any conditions to which the entry is subject by virtue of section 74D.

(3)Where, in pursuance of an application, the registrar renews the entry of premises in Part 3 of the register under section 74A, the registrar must give to the applicant a written confirmation of the renewal.

(4)The written confirmation under subsection (3) must include—

(a)the number of the entry;

(b)the date on which the renewal of the entry was made;

(c)the period for which the renewal of the entry is valid; and

(d)details of any conditions to which the renewal of the entry is subject by virtue of section 74D.

(5)Where the registrar refuses an application for the entry of premises in Part 3 of the register under section 74A, or for the renewal of an entry of premises in the register under that section, the registrar must give to the applicant written notice of that refusal and the reasons for it and of the right of appeal to the Appeals Committee under article 40 of the Pharmacy Order 2010.

(6)Where, under section 74J, the registrar enters premises or a group of premises in Part 3 of the register, the registrar must give written confirmation of the entry to the person who will be carrying on a retail pharmacy business at [F26or from the premises, or at or from] each set of premises in the group of premises.

(7)The written confirmation under subsection (6) must include—

(a)the number of the entry;

(b)the date on which the entry was made; and

(c)details of any conditions to which the entry is subject by virtue of section 74J(4).]

Textual Amendments

F10Ss. 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.

[F1074G.Voluntary removal from the register: Great BritainU.K.

(1)An application may be made to the registrar by the person carrying on a retail pharmacy business at [F27or from] any premises entered in Part 3 of the register under section 74A or 74J for the premises to be removed from the register.

(2)The General Pharmaceutical Council may make rules in connection with applications under subsection (1).

(3)Rules under subsection (2) 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 Council may determine from time to time);

(b)about the information to be provided by the applicant;

(c)about the circumstances in which applications may be refused; and

(d)for written notice of the outcome of the application to be given to the applicant by the registrar.]

Textual Amendments

F10Ss. 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.

[F1074H.(1)Subject to subsection (2), where a change occurs in the ownership of a retail pharmacy business carried on at [F28or from] premises entered in Part 3 of the register under section 74A, the entry of the premises in the register ceases to be valid at the end of the relevant period unless the registrar is notified in writing of the change prior to the end of the relevant period by the person who, as a result of the change, will be the person carrying on the business at [F29or from] the premises.U.K.

(2)Subsection (1) only applies if the relevant period is shorter than the period for which the entry would otherwise have remained valid under section 74A.

(3)Where, before the end of the relevant period, the registrar is notified of a change in the ownership of a retail pharmacy business carried on at [F30or from] premises entered in Part 3 of the register, the registrar must, on receipt of a fee of the amount prescribed in rules under article 36(1)(c) of the Pharmacy Order 2010, amend the entry relating to the premises in Part 3 of the Register to record the name and address of the person who, as a result of the change, will be the person carrying on the retail pharmacy business at [F31or from] the premises.

(4)For the purposes of subsections (1) to (3), the relevant period—

(a)if the change occurs on the death of the person carrying on the business or, in the case of a partnership, on the death of one of the partners, means the period of three months beginning with the date of death; and

(b)in any other case, means the period of 28 days beginning with the date on which the change occurred.

(5)If the entry of premises entered in Part 3 of the register under section 74A ceases to be valid under this section, the premises are to be treated for all purposes as no longer being entered in the register and accordingly the registrar must remove the entry from the register.

(6)The registrar must restore the entry of the premises to Part 3 of the register if—

(a)an application for restoration is made to the registrar in accordance with section 74I(1) and with rules made under section 74I(3);

(b)a fee of an amount prescribed in rules under article 36(1)(b) of the Pharmacy Order 2010 (fees in connection with entry) is paid; and

(c)the registrar is satisfied that the standards that are [F32provided for in rules made] [F32set] under article 7(1) of the Pharmacy Order 2010 are met in connection with the carrying on of a retail pharmacy business at [F33or from] the premises.

(7)Subject to subsection (8), an entry restored to the register under subsection (6)—

(a)is still to be treated as having been entered in Part 3 of the register under section 74A;

(b)is 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 subsection (5);

(c)is valid for the same period as the period for which the entry would have been valid under section 74A had it not been removed from Part 3 of the register by virtue of subsection (5) of this section.

(8)Where an entry of premises in Part 3 of the register is restored by the registrar under subsection (6) and the applicant is a person falling within section 74I(2)(b), the registrar may—

(a)on restoring the entry of the premises to the register, make that entry subject to a condition that the applicant for restoration will be a person lawfully conducting a retail pharmacy business within such period as the registrar reasonably determines beginning with the date on which the entry is restored; and

(b)subsequently remove the entry of the premises from Part 3 of the register if the applicant is not a person lawfully conducting a retail pharmacy business within the period determined by the registrar in accordance with paragraph (a).

(9)Where under subsection (8)(b) the registrar removes an entry of premises from Part 3 of the register, the registrar must give to the person who was carrying on a retail pharmacy business at [F34or from] the premises immediately prior to the removal written notice of the removal and the reasons for it.

(10)The notice under subsection (9) must be sent—

(a)where the retail pharmacy business is carried on by an individual, to that individual at that individual’s home address in the register;

(b)where the retail pharmacy business is carried on by a partnership, to the principal office of that partnership;

(c)where the retail pharmacy business is carried on by a body corporate, to the registered or principal office of that body corporate.]

Textual Amendments

F10Ss. 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.

[F1074I.Supplementary provision in respect of change of ownership of retail pharmacy business: Great BritainU.K.

(1)An application may be made to the registrar for the entry of premises removed from Part 3 of the register by virtue of section 74H(5) to be restored to the register.

(2)An application under subsection (1) must be made by the person who, in consequence of the change of ownership, has become the owner of the business 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 [F35or from] those premises, will, from the time the person begins to do so, be a person lawfully conducting a retail pharmacy business.

(3)The General Pharmaceutical Council may make rules in connection with applications under subsection (1).

(4)Rules under subsection (3) 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 Council may determine from time to time);

(b)about the information to be provided in respect of applications;

(c)about the circumstances in which an application for restoration under subsection (1) may be treated by the registrar as an application for the renewal of registration under section 74A(4) as well as an application for restoration.

(5)Where the registrar restores the entry of premises to Part 3 of the register pursuant to an application under subsection (1), the registrar must send to the applicant for restoration a statement in writing giving the applicant notice of the restoration.

(6)The notice given by the registrar under subsection (5) must specify—

(a)the period for which the entry restored to Part 3 of the register is valid;

(b)any conditions to which the entry of the premises restored to Part 3 of the register is subject.

(7)Where the registrar refuses an application under this section for the restoration to Part 3 of the register of an entry relating to any premises, the registrar must send to the applicant for restoration a statement in writing giving the applicant notice of the decision and the reasons for it.

(8)The notice under subsections (5) and (7) must be sent—

(a)where the applicant is an individual, to that individual at that individual’s home address in the register;

(b)where the applicant is a partnership, to the principal office of that partnership;

(c)where the applicant is a body corporate, to the registered or principal office of that body corporate.]

Textual Amendments

F10Ss. 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.

[F1074J.Temporary registration with regard to emergencies involving loss of human life or human illness etc.U.K.

(1)This section applies in relation to premises in Great Britain.

(2)If the Secretary of State advises the registrar that an emergency has occurred, is occurring or is about to occur and that action should be considered under this section, the registrar may under this section enter in Part 3 of the register—

(a)premises; or

(b)premises comprising a specified group of premises,

with regard to the emergency.

(3)The registrar may enter in Part 3 of the register by virtue of subsection (2)(b) all of the premises in a specified group of premises without first identifying each set of premises in the group.

(4)The registrar may make the entry of premises entered in Part 3 of the register under this section subject to such conditions as the registrar considers necessary to impose for the purpose of securing the safe and effective practice of pharmacy [F36in the course of the business carried on at or from] those premises.

(5)The power in subsection (4)—

(a)may be exercised on the making of the entry or subsequently;

(b)includes power to vary the conditions to which the entry of the premises in Part 3 of the register is subject, including by adding to the conditions or revoking any of them.

(6)The entry of premises entered in Part 3 of the register under this section by virtue of subsection (2)(b) as one of a specified group may be subject to the same conditions as the entry of the other premises in the group or it may be subject to different conditions.

(7)The conditions to which the entry of premises entered in Part 3 of the register under this section is subject may include conditions relating to their physical state, safety and security and the conditions in which medicinal products (including controlled drugs) are stored at those premises.

(8)The registrar may not under subsection (4)—

(a)impose a new condition in respect of the entry of premises already entered in Part 3 of the register; or

(b)vary or revoke any conditions to which the entry of premises entered in Part 3 of the register is subject,

unless the registrar has given reasonable notice in writing of the condition to be imposed or, as the case may be, of the variation or revocation of an existing condition, to the person carrying on a retail pharmacy business at [F37or from] the premises and of the date from which that condition, variation or revocation is to have effect.

(9)The entry of premises entered in Part 3 of the register under this section may be removed by the registrar, which—

(a)the registrar must do if the Secretary of State advises the registrar that the circumstances that led the Secretary of State to advise the registrar as mentioned in subsection (2) no longer exist;

(b)the registrar may do for any other reason at any time including where the registrar has grounds for suspecting that there is a failure to comply with any conditions to which the entry of the premises in Part 3 of the register is subject.

(10)The entry of premises entered in Part 3 of the register under this section by virtue of subsection (2)(b) as one of a specified group of premises may be removed without removing the entries of the other premises in the group, or it may be removed by virtue of a decision to remove the entries of all of the premises in the group.

(11)In this section, and in section 74K, “emergency” means an emergency of the type described in subsection (1)(a) of section 19 of the Civil Contingencies Act 2004 (meaning of “emergency”), read with subsection (2)(a) and (b) of that section.]

[F1074K.Temporary annotations with regard to emergencies involving loss of human life or human illness etc.U.K.

(1)If the Secretary of State advises the registrar that an emergency has occurred, is occurring or is about to occur and that action should be considered under this section, the registrar may annotate—

(a)the entry of a registered pharmacy entered in Part 3 of the register under section 74J to designate that pharmacy as a pharmacy from which drugs, medicines and appliances may be ordered in a specified capacity; or

(b)the entries of a specified group of registered pharmacies entered in Part 3 of the register under section 74J to designate that group as a group of pharmacies from which drugs, medicines and appliances may be ordered in a specified capacity.

(2)The registrar may make an annotation, by virtue of subsection (1), to the entry of a registered pharmacy entered in Part 3 of the register under section 74J in such a way as to distinguish that annotation from an annotation in respect of a registered pharmacy made otherwise than by virtue of subsection (1).

(3)Annotations made by virtue of subsection (1)—

(a)must be removed by the registrar if the Secretary of State advises the registrar that the circumstances that led the Secretary of State to advise the registrar as mentioned in subsection (1) no longer exist;

(b)may be removed by the registrar for any other reason at any time.

(4)An annotation of the entry of a registered pharmacy made by virtue of subsection (1)(b) as one of a specified group may be removed without removing the annotations of the entries of the other registered pharmacies in the group, or it may be removed by virtue of a decision to remove the annotations of the entries of all the registered pharmacies in the group.]

Textual Amendments

F10Ss. 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.

[F1074L.Evidence of registration: Great BritainU.K.

A document purporting to be a certificate signed by the registrar and stating that, on a specified date, specified premises in Great Britain were, or were not, entered in Part 3 of the register (whether under section 74A or section 74J) is admissible in any proceedings as evidence (or in Scotland, as sufficient evidence) that those premises were, or were not, entered in the register on that date.]

Textual Amendments

F10Ss. 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.

75 Registration of premises[F38: Northern Ireland]. U.K.

[F39(A1)This section applies in relation to premises in Northern Ireland.]

(1)It shall be the duty of the registrar to keep a register for the purposes of this section F40... and, subject to the following provisions of this section, on payment of the prescribed fee to enter in the register any premises in respect of which an application is made under this section.

(2)Any application for the registration of premises under this section shall be made in the prescribed manner and shall specify the premises to which the application relates and shall contain such other particulars as may be prescribed.

(3)On the making of any such application the registrar shall notify the appropriate Minister, specifying the premises to which the application relates and the date on which the application was made, and shall not enter those premises in the register before the end of the period of two months from that date, unless before the end of that period the appropriate Minister consents to his doing so.

(4)If it appears to the appropriate Minister that in a material respect the premises do not comply with the requirements of regulations made under section 66 of this Act which are for the time being in force, and accordingly he proposes to certify that the premises are unsuitable for registration under this section, he shall, before the end of the period referred to in subsection (3) of this section, serve on the applicant a notice stating his proposals and the reasons for them, and shall serve a copy of that notice on the registrar; and, where a copy of such a notice is served on him, the registrar shall not enter the premises in the register except where required to do so in accordance with the following provisions of this section.

(5)If, within the time allowed after the service on him of a notice under subsection (4) of this section, the applicant gives notice to the appropriate Minister of his desire to be heard with respect to the proposals, or makes representations in writing to the appropriate Minister with respect to the proposals, then, before determining whether to issue a certificate under this section in respect of the premises,—

(a)if the applicant has given notice of his desire to be heard, the appropriate Minister shall afford to him an opportunity of appearing before, and being heard by, a person appointed by that Minister for the purpose, or

(b)if he has made representations in writing, that Minister shall consider those representations.

(6)Where the appropriate Minister has served a notice under subsection (4) of this section, then—

(a)if he determines not to issue a certificate certifying that the premises are unsuitable for registration under this section, he shall notify the applicant and the registrar of his decision and (subject to subsection (7) of this section) the registrar shall forthwith enter the premises in the register;

(b)if the appropriate Minister issues such a certificate, he shall transmit the certificate to the registrar and shall notify the applicant that he has done so, and, if so required by the applicant, shall inform him of the reasons for his decision to issue such a certificate.

(7)Notwithstanding anything in the preceding provisions of this section, the registrar shall not enter any premises in the register in pursuance of an application under this section unless it is shown to his reasonable satisfaction either—

(a)that at the time of the application the applicant is a person lawfully conducting a retail pharmacy business, or

(b)that, if the premises are entered in the register, and the applicant begins to carry on a retail pharmacy business at [F41or from] those premises, then as from the time when he begins to do so he will be a person lawfully conducting a retail pharmacy business.

(8)In this section “the appropriate Minister”—

F42(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F43... means the Minister of Health and Social Services for Northern Ireland,

and “the time allowed” means the period of twenty-eight days or such extended period as the appropriate Minister may in any particular case allow.

Textual Amendments

Modifications etc. (not altering text)

C1Functions of Secretary of State in matters only affecting Wales exercisable by Secretary of State for Wales: S.I. 1969/388, art. 2(1)

76 Supplementary provisions as to registration of premises[F44: Northern Ireland].U.K.

(1)Where any premises have been entered in the register [F45under section 75], then, in respect of each year subsequent to the year in which the premises were so entered, a further fee (in this section referred to as a “retention fee") of the prescribed amount shall be payable by the person carrying on a retail pharmacy business at [F46or from] those premises.

(2)If, on demand being made to him in the prescribed manner, the person carrying on a retail pharmacy business at [F47or from] any premises entered in the register [F48under section 75] fails to pay a retention fee in respect of those premises within two months from the date on which the demand is made, [F49the appropriate Minister] may direct the registrar to remove the premises from the register; but if, before the end of the year in respect of which the retention fee is payable or such longer period as in any particular case [F49the appropriate Minister] may allow, the person carrying on the business pays to the registrar the retention fee in respect of that year, together with such additional sum (if any) by way of penalty as may be prescribed,—

(a)the registrar shall restore the premises to the register, and

(b)if [F49the appropriate Minister] so [F50directs], the restoration shall be deemed to have had effect as from the date on which the premises were removed from the register.

(3)Where a change occurs in the ownership of a retail pharmacy business carried on at [F51or from] any premises registered under section 75 of this Act, the registration of the premises under that section—

(a)if the change occurs on the death of the person carrying on the business, or, in the case of a partnership, on the death of one of the partners, shall become void at the end of the period of three months from the date of the death, and

(b)in any other case, shall become void at the end of the period of twenty-eight days from the date on which the change occurs.

F52(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where the registration of any premises under section 75 of this Act in respect of a business becomes void by virtue of subsection (3) of this section, an application for the premises to be restored to the register may be made by the person who, in consequence of the change of ownership, has become the owner of the business; and where such an application is made, and it is shown to the reasonable satisfaction of the registrar either—

(a)that at the time of the application the applicant is a person lawfully conducting a retail pharmacy business, or

(b)that, if the premises are restored to the register, and the applicant thereafter carries on a retail pharmacy business at [F53or from] those premises, then as from the time when he begins to do so he will be a person lawfully conducting a retail pharmacy business,

and (in a case where, if the registration had not become void, a retention fee would have become payable) a fee equal to a retention fee has been paid, the registrar shall restore the premises to the register.

F54(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)A document purporting to be a certificate signed by the registrar and stating that, on a specified date, specified premises [F55in Northern Ireland] were, or were not, entered in the register shall be admissible in any proceedings as evidence (and, in Scotland, shall be sufficient evidence) that those premises were, or were not, entered in the register on that date.

F56(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F57(9)In this section—

  • “the appropriate Minister” means the Minister of Health, Social Services and Public Safety for Northern Ireland;

  • “year” means a period of 12 months beginning with such date as the appropriate Minister may from time to time determine.]

Textual Amendments

F52S. 76(4) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1Pt. XII

77 Annual return of premises to registrar.U.K.

Every person who carried on a retail pharmacy business [F58at [F59or from] premises in Northern Ireland] shall, in the month of January in each year, send to the registrar—

(a)a list of all [F60such] premises at [F61or from] which his business, so far as it consists of the retail sale of medicinal products, is carried on, and

F62(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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