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Version Superseded: 14/08/2012
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Medicines Act 1968, Section 126 is up to date with all changes known to be in force on or before 16 August 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.
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(1)For the purposes of any proceedings under this Act for an offence consisting of—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 F2... medicinal product in question was found on a vehicle from which F3... medicinal products are sold, it shall be presumed, unless the contrary is proved, that the person in charge of the vehicle offered that F2... 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 F4... in his possession for the purpose of sale or supply, where it is proved that the medicinal product F4... 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 F5..., 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 88F6...
(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 ActF7..., 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 F8..., it shall be presumed, unless the contrary is proved, that he had the leaflet [F9in his possession for the purpose of supplying it with a medicinal product]
Textual Amendments
F1S. 126(1)(a) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 64(a)(i) (with regs. 2(4), 3)
F2Words in s. 126(1) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 64(a)(ii) (with regs. 2(4), 3)
F3Words in s. 126(1) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 64(a)(iii) (with regs. 2(4), 3)
F4Words in s. 126(2) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 64(b)(i) (with regs. 2(4), 3)
F5Words in s. 126(2) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 64(b)(ii) (with regs. 2(4), 3)
F6Words in s. 126(3) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 64(c) (with regs. 2(4), 3)
F7Words in s. 126(4) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 64(d)(i) (with regs. 2(4), 3)
F8Words in s. 126(4) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 64(d)(ii) (with regs. 2(4), 3)
F9Words in s. 126(4) substituted (1.10.2006) by The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 64(d)(iii) (with regs. 2(4), 3)
Modifications etc. (not altering text)
C1Pt. 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)
C2S. 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
C3Ss. 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)
C4S. 126(4) applied (with modifications) (3.4.1992) by S.I. 1992/605, reg. 2(1)(2),Sch.
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