- Latest available (Revised)
- Point in Time (01/12/2022)
- Original (As enacted)
Point in time view as at 01/12/2022.
Medicines Act 1968, Section 67C is up to date with all changes known to be in force on or before 02 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)This section applies in a case where a person (“the defendant”) is charged with an offence under section 67(2) of contravening section 64 in respect of a medicinal product.
(2)It is a defence for the defendant to prove that—
[F2(a)the product was dispensed—
(i)at or from a registered pharmacy, or
(ii)in the course of the provision of a relevant pharmacy service;]
(b)the person who dispensed the product—
(i)was a registrant acting in the course of his or her profession, or
(ii)was acting under the supervision of a person (“the supervising registrant”) who was a registrant acting in the course of his or her profession;
(c)the product was—
(i)sold or supplied in pursuance of a prescription or directions given by a relevant prescriber or a patient group direction, or
(ii)a prescription only medicine that was sold or supplied in circumstances where there was an immediate need for it to be sold or supplied and a prescription could not have been obtained without undue delay; and
(d)Condition A or B is met.
(3)Condition A is that before the defendant was charged—
(a)the defendant did not know that the product was not of the required nature or quality; and
(b)if the defendant is a person within subsection (4), neither the person who dispensed the product nor (in a case within subsection (2)(b)(ii)) the supervising registrant knew that the product was not of the required nature or quality.
(4)A defendant is a person within this subsection if the defendant is any of the following—
(a)the person who dispensed the product;
(b)(in a case within subsection (2)(b)(ii)) the supervising registrant;
(c)the person carrying on the retail pharmacy business [F3, or the relevant pharmacy service,] in the course of which the product was sold or supplied.
(5)Condition B is that—
(a)before the defendant was charged, an appropriate person, on becoming aware that the product was not of the required nature or quality—
(i)promptly ensured that all reasonable steps were taken to ensure that the person to whom the product was intended to be administered was notified that the product was not of the required nature or quality, or
(ii)reasonably formed the view that it was not necessary or appropriate to do so, in the circumstances of the case; and
(b)the defendant did not know at the time the product was sold or supplied that it was not of the required nature or quality.
(6)In subsection (5), “appropriate person” means any of the following—
(a)the person who dispensed the product or (in a case within subsection (2)(b)(ii)) the supervising registrant;
(b)the person carrying on the retail pharmacy business [F4, or the relevant pharmacy service,] in the course of which the product was sold or supplied, or any person acting on that person’s behalf.
(7)In this section, “the required nature or quality”, in relation to a product, means—
(a)where the product is sold or supplied in pursuance of a prescription, the nature or quality specified in the prescription; or
(b)in any other case, the nature or quality demanded by the purchaser of the product.]
Textual Amendments
F1Ss. 67A-67E inserted (16.4.2018) by The Pharmacy (Preparation and Dispensing Errors Registered Pharmacies) Order 2018 (S.I. 2018/181), arts. 1(3), 4 (with art. 2); S.I. 2018/402, art. 2
F2S. 67C(2)(a) substituted (1.12.2022) by The Pharmacy (Preparation and Dispensing Errors – Hospital and Other Pharmacy Services) Order 2022 (S.I. 2022/851), arts. 1(3), 7(2) (with art. 3); S.I. 2022/1024, art. 2
F3Words in s. 67C(4)(c) inserted (1.12.2022) by The Pharmacy (Preparation and Dispensing Errors – Hospital and Other Pharmacy Services) Order 2022 (S.I. 2022/851), arts. 1(3), 7(3) (with art. 3); S.I. 2022/1024, art. 2
F4Words in s. 67C(6)(b) inserted (1.12.2022) by The Pharmacy (Preparation and Dispensing Errors – Hospital and Other Pharmacy Services) Order 2022 (S.I. 2022/851), arts. 1(3), 7(4) (with art. 3); S.I. 2022/1024, art. 2
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: