Medicines Act 1968

126 Presumptions. U.K.

(1) For the purposes of any proceedings under this Act for an offence consisting of—

(a) offering any animal feeding stuff for sale in contravention of section [F1 40] of this Act, or

(b) offering a medicinal product for sale by retail in contravention of section 52 or section 53 of this Act, or

(c) offering a medicinal product for sale in contravention of section 63(b) of this Act,

where it is proved that the animal feeding stuff or medicinal product in question was found on a vehicle from which animal feeding stuffs or medicinal products are sold, it shall be presumed, unless the contrary is proved, that the person in charge of the vehicle offered that animal feeding stuff or medicinal product for sale and, in a case falling within paragraph (b) of this subsection, that he offered it for sale by retail.

(2) For the purposes of any proceedings under this Act for an offence consisting of a contravention of so much of any provision to which this subsection applies as relates to a person’s having any medicinal product or animal feeding stuff in his possession for the purpose of sale or supply, where it is proved that the medicinal product or animal feeding stuff in question was found on premises at which the person charged with the offence carries on a business consisting of or including the sale or supply of medicinal products or of animal feeding stuffs in which medicinal products have been incorporated, it shall be presumed, unless the contrary is proved, that he had that medicinal product or animal feeding stuff in his possession for the purpose of sale or supply.

(3) Subsection (2) of this section applies to the following provisions of this Act, that is to say, section 63(b), subsections (3) and (5) of section 85, subsection (2) of section 87 and subsection (3) of section 88, to any of those provisions as applied by subsection (1) of section 90, and to subsection (2) of section 90 except in so far as it relates to leaflets.

(4) For the purposes of any proceedings under this Act for an offence consisting of a contravention of subsection (2) or subsection (3) of section 86 of this Act, or of so much of subsection (2) of section 90 of this Act as relates to leaflets, where it is proved that the leaflet in question was found on premises at which the person charged with the offence carries on a business consisting of or including the sale or supply of medicinal products or of animal feeding stuffs in which medicinal products have been incorporated, it shall be presumed, unless the contrary is proved, that he had the leaflet in his possession—

(a) where the offence charged relates to section 86 of this Act, for the purpose of supplying it with a medicinal product, or

(b) where the offence charged relates to section 90 of this Act, for the purpose of supplying it with animal feeding stuff in which a medicinal product has been incorporated.

Textual Amendments

F1 Words substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 16, Sch. 1 para. 3(6)

Modifications etc. (not altering text)

C1 Pt. VIII (ss. 104–136) extended by S.I.s 1982/425, art. 3, 1984/187 art. 2; and extended with modifications by S.I. 1985/403, art. 3(1)

C2 S. 126 extended (with modifications) (14.2.1994) by S.I.1994/105, reg. 19, Sch.4

S. 126 applied (1.1.1995) by S.I. 1994/3142, reg. 18(2)

S. 126 applied (with modifications) (1.1.1995) by S.I. 1994/3144, reg.10, Sch. 4

S. 126 applied (31.3.1997) by S.I. 1997/322, reg. 34, Sch.5

C3 Ss. 121-127 applied (with modifications) (30.10.2005) by Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 (S.I. 2005/2750), regs. 1(a), 11, Schs. 4 (with Sch. 6)

C4 S. 126(4) applied (with modifications) (3.4.1992) by S.I. 1992/605, reg. 2(1)(2),Sch.