Medicines Act 1968

72 Representative of pharmacist in case of death or disability. U.K.

(1) The provisions of this section shall have effect where a pharmacist carries on a retail pharmacy business and—

(a) he dies, or

(b) he is adjudged bankrupt or enters into a composition or scheme or deed of arrangement with his creditors, or, in Scotland, sequestration of his estate is awarded or he makes a trust deed for behoof of his creditors or a composition contract, or

(c) [F1 he becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to carry on the business ], or, in Scotland, a [F2 guardian] or judicial factor is appointed for him on the ground that he suffers from mental disorder, or, in Northern Ireland, a committee, receiver or guardian is appointed in his case under the M1 Lunacy Regulation (Ireland) Act 1871,

and a representative of his thereafter carries on his business.

[F3 (1A) In subsection (1)(c), the reference to a person who lacks capacity to carry on the business is to a person—

(a) in respect of whom there is a donee of an enduring power of attorney or lasting power of attorney (within the meaning of the Mental Capacity Act 2005), or

(b) for whom a deputy is appointed by the Court of Protection,

and in relation to whom the donee or deputy has power for the purposes of this Act.]

(2) The conditions referred to in section 69(1)(c) of this Act are that the name and address of the representative, and the name of the pharmacist whose representative he is, have been notified to the registrar and that, at all premises at which 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 a pharmacist, and

(b) his name and certificate of registration are conspicuously exhibited.

(3) The period referred to in section 69(1)(c) of this Act—

(a) in the case of the death of a pharmacist, is a period of five years from the date of his death;

(b) in the case of the bankruptcy or sequestration of the estate of a pharmacist, is a period of three years from the date on which he is adjudged bankrupt or the date of the award of sequestration, as the case may be;

(c) in the case of a composition or scheme or deed of arrangement, or of a trust deed or composition contract, is a period of three years from the date on which the trustee appointed thereunder becomes entitled to carry on the business; and

(d) in a case falling within subsection (1)(c) of this section, is a period of three years from the date of the appointment of the [F4 deputy ], [F5 curator bonis,] judicial factor, committee or guardian[F6 or from the date of registration of the instrument appointing the donee ],

or, in any such case, is such longer period as, on the application of the representative, [F7 the relevant disciplinary committee], having regard to all the circumstances of the case, may direct.

(4) In this section “representative”—

(a) in relation to a pharmacist who has died, means his executor or administrator and, in respect of a period of three months from the date of his death, if he has died leaving no executor who is entitled and willing to carry on the business, includes any person beneficially interested in his estate;

(b) in a case falling within paragraph (b) of subsection (1) of this section, means the trustee in bankruptcy or the trustee in the sequestration or any trustee appointed under the composition scheme, deed of arrangement, trust deed or composition contract; and

(c) in a case falling within paragraph (c) of that subsection, means the [F8 donee, deputy ], [F5 curator bonis,] judicial factor, committee or guardian [F9 ; and in paragraph (b) above the reference to a trustee appointed under a composition, scheme or deed of arrangement includes a reference to the supervisor of a [F10 voluntary arrangement proposed for the purposes of, and approved under, Part VIII of the Insolvency Act 1986][F11 or Chapter II of Part VIII of the Insolvency (Northern Ireland) Order 1989].]

Textual Amendments

F1 Words in s. 72(1)(c) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 14(a) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F2 Words in s. 72(1) substituted (S.) (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 12(a); S.S.I. 2001/81, art. 3, Sch. 2

F3 S. 72(1A) inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 14(b) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F4 Word in s. 72(3)(d) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 14(c)(i) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F5 Words in s. 72(3)(d)(4)(c) repealed (S.) (1.4.2002) by 2000 asp 4, s. 88(2)(3), Sch. 5 para. 12(b), Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2

F6 Words in s. 72(3)(d) inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 14(c)(ii) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F7 Words in s. 72(3) substituted (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(9)(b)

F8 Words in s. 72(4)(c) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 14(d) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F9 Words inserted by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 8 para. 15, Sch. 9 para. 11(2)

F10 Words substituted by Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14

F11 Words in s. 72(4) added (N.I.) (1.10.1991) by S.I. 1989/2405 (N.I. 19), art. 381, Sch. 9 Pt. II para. 24; S.R. 1991/411, art. 2

Marginal Citations

M1 1871 c. 22.