C1C2C3C4 Part IV Pharmacies
Pt. IV amendment to earlier affecting provision SI 1994/3144 reg. 9 (30.10.2005) by Medicines (Marketing Authorisations Etc.) Amendment Regulations 2005 (S.I. 2005/2759), regs. 1(a), 2(12)
Pt. IV modified (E.W.S.) (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. 2 para. 13(7)
Pt. IV (except ss. 80-83): Power to amend conferred (15.3.2000) by 1999 c. 8, ss. 60(1)(2)(4), 67(1), Sch. 3 para. 2(3)(b); S.I. 2000/779, art. 2
Persons lawfully conducting retail pharmacy business
71 F1Business carried on by body corporate
1
The conditions referred to in section 69(1)(b) of this Act are—
F7a
that there is a superintendent in relation to the retail pharmacy business in respect of whom the requirements specified in subsection (6) are fulfilled, and
b
that subsections (2) and (3) of this section are both satisfied as respects each of the premises F8at or from which the business is carried on and medicinal products, other than medicinal products on a general sale list, are sold by retail.
2
This subsection is satisfied if a responsible pharmacist who satisfies F4the requirement of subsection (4) of this section is in charge of F9the business carried on at or from the premises mentioned in subsection (1)(b) of this section, so far as concerns—
a
the retail sale at F10or from those premises of medicinal products (whether they are on a general sale list or not), and
b
the supply at F11or from those premises of such products in circumstances corresponding to retail sale.
3
This subsection is satisfied if a notice is conspicuously displayed at those premises stating—
a
the name of the responsible pharmacist for the time being,
F2b
the number of his registration under Part 4 of the Pharmacy Order 2010 or, in relation to Northern Ireland, under the Pharmacy (Northern Ireland) Order 1976, and
c
the fact that he is for the time being in charge of F12the business carried on at or from those premises.
4
The responsible pharmacist must be—
a
the superintendent mentioned in subsection (1)(a) of this section, or
b
a manager or assistant subject to the directions of the superintendent and who is a pharmacist.
F55
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F55A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The requirements referred to in subsection (1)(a) of this section in relation to a superintendent are that—
a
he is a pharmacist,
F13aa
he is a senior manager of the retail pharmacy business who has the authority to make decisions that affect the running of the retail pharmacy business so far as concerns—
i
the retail sale of medicinal products (whether they are on a general sale list or not), and
ii
the supply of such products in circumstances corresponding to retail sale,
and
b
F15c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F167A
For the purposes of subsection (6)(aa), a person is a senior manager of a retail pharmacy business if the person plays a significant role (irrespective of whether other individuals also do so) in—
a
the making of decisions about how the whole or a substantial part of its activities are to be managed or organised, or
b
the actual managing or organising of the whole or a substantial part of those activities.
F38
F17If a person who has been the superintendent in relation to a retail pharmacy business ceases to be the superintendent in relation to the business (otherwise than by reason of death) the person must notify the registrar in writing of that fact within the period of 28 days beginning with the day on which the person ceases to F18be the superintendent in relation to the business.
F199
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Pt. IV: Power to amend conferred (N.I.) (2.4.2001) by 2001 c. 3 (N.I.), s. 60, Sch. 4 para. 2(2); S.R. 2001/128, art. 2(4), Sch.