Medicines Act 1968

70 Business carried on by individual pharmacist or by partners. U.K.

(1) Subject to the next following subsection, the conditions referred to in section 69(1)(a) of this Act are that, at all premises where the business is carried on and medicinal products, other than medicinal products on a general sale list, are sold by retail—

(a) the business, so far as concerns the retail sale at those premises of medicinal products (whether they are medicinal products on a general sale list or not), or the supply at those premises of such products in circumstances corresponding to retail sale, is under the personal control of the person carrying on the business or that of another pharmacist, and

(b) his name and certificate of registration or those of the other pharmacist, as the case may be, are conspicuously exhibited,

[F1 and that it is the personal control of persons none of whom is a pharmacist by virtue of [F2 a qualification in pharmacy awarded in a relevant European State,] which fulfils the condition imposed by virtue of paragraph ( a ) above in relation to such of those premises . . . F3 as have been registered pharmacies for less than three years. ]

(2) In relation to a business carried on by a partnership the preceding subsection shall have effect as if—

(a) in paragraph (a) of that subsection, for the word “person", there were substituted the words “one or more of the partners", and

(b) in paragraph (b) of that subsection, for the words “his name and certificate of registration", there were substituted the words “the name and certificate of registration of the partner (or, if more than one, of each partner) exercising personal control at those premises as mentioned in the preceding paragraph".

In the application of this subsection to Scotland, for paragraph (a) there shall be substituted the following paragraph—

“a) in paragraph (a) of that subsection, for the words “the person carrying on the business" there were substituted the words “one or more of the partners who are [F4 persons registered in Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007]", and”

(3) In this section and in sections 71 and 72 of this Act “certificate of registration” in relation to Great Britain means a certificate of registration under [F5 Part 2 of the Pharmacists and Pharmacy Technicians Order 2007], and in relation to Northern Ireland means a certificate of registration within the meaning of [F6 the M1 Pharmacy (Northern Ireland) Order 1976].

Textual Amendments

F1 Words inserted by S.I. 1987/2202, art. 3(1)

F2 Words in s. 70(1) substituted by virtue of (7.2.2007 coming into force in accordance with art. 1(2)(3)) by Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), art. 1(2)(3), Sch. 1 para. 2(5)(a)

F3 Words repealed by S.R. 1987/457 reg. 3(b)

F4 Word in s. 70(2) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 98(b)

F5 Words in s. 70(3) substituted (7.2.2007 coming into force in accordance with art. 1(2)(3)) by Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), art. 1(2)(3), Sch. 1 para. 2(5)(b)

F6 Words substituted by S.I. 1976/1213 (N.I. 22), Sch. 5 para. 5

Marginal Citations

M1 S.I. 1976/1213 (N.I. 22)