Medicines Act 1968

71 Bodies corporate. U.K.

(1) The conditions referred to in section 69(1)(b) of this Act are that the business, so far as concerns the keeping, preparing and dispensing of medicinal products other than medicinal products on a general sale list, is under the management of a superintendent in respect of whom the requirements specified in subsection (2) of this section are fulfilled, F1 ... 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, if it is not under the personal control of the superintendent, is carried on, subject to the directions of the superintendent, under the personal control of a manager or assistant who is a pharmacist, and

(b) the name and certificate of registration of the person under whose personal control the business is carried on at those premises as mentioned in the preceding paragraph (whether he is the superintendent or some other person) are conspicuously exhibited, [F2 and that it is the personal control of persons none of whom (whether the superintendent or a manager or assistant) is a pharmacist by virtue of [F3 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 F4 ... as have been registered pharmacies for less than three years.]

(2) The requirements referred to in the preceding subsection in relation to a superintendent are that—

(a) the superintendent is a pharmacist;

(b) a statement in writing signed by him, and signed on behalf of the body corporate, specifying his name and stating whether he is a member of the board of that body or not, has been sent to the registrar; and

(c) he does not act in a similar capacity for any other body corporate.

[F5 (3) In subsection (2)(a) “pharmacist” does not include a person registered in Part 3 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007 (visiting pharmacists from relevant European States) [F6 or a person registered in the register of visiting pharmaceutical chemists from a relevant European State maintained under Article 9 of the Pharmacy (Northern Ireland) Order 1976.].]

Textual Amendments

F1 Word repealed by S.I. 1987/2202, art. 3(2)(a)

F2 Words inserted by S.I. 1987/2202, art. 3(2)(b)

F3 Words in s. 71(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(7)

F4 Words repealed by S.R. 1987/457, reg. 3(b)

F5 S. 71(3) added (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 98(c)

F6 Words in s. 71(3) inserted (N.I.) (22.5.2008) by The European Qualifications (Pharmacy) Regulations (Northern Ireland) 2008 (S.R. 2008/192), regs. 1(2), 13(b)