- 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Point in time view as at 01/12/2022.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 76 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)Where any premises have been entered in the register [F2under section 75], then, in respect of each year subsequent to the year in which the premises were so entered, a further fee (in this section referred to as a “retention fee") of the prescribed amount shall be payable by the person carrying on a retail pharmacy business at [F3or from] those premises.
(2)If, on demand being made to him in the prescribed manner, the person carrying on a retail pharmacy business at [F4or from] any premises entered in the register [F5under section 75] fails to pay a retention fee in respect of those premises within two months from the date on which the demand is made, [F6the appropriate Minister] may direct the registrar to remove the premises from the register; but if, before the end of the year in respect of which the retention fee is payable or such longer period as in any particular case [F6the appropriate Minister] may allow, the person carrying on the business pays to the registrar the retention fee in respect of that year, together with such additional sum (if any) by way of penalty as may be prescribed,—
(a)the registrar shall restore the premises to the register, and
(b)if [F6the appropriate Minister] so [F7directs], the restoration shall be deemed to have had effect as from the date on which the premises were removed from the register.
(3)Where a change occurs in the ownership of a retail pharmacy business carried on at [F8or from] any premises registered under section 75 of this Act, the registration of the premises under that section—
(a)if the change occurs on the death of the person carrying on the business, or, in the case of a partnership, on the death of one of the partners, shall become void at the end of the period of three months from the date of the death, and
(b)in any other case, shall become void at the end of the period of twenty-eight days from the date on which the change occurs.
F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Where the registration of any premises under section 75 of this Act in respect of a business becomes void by virtue of subsection (3) of this section, an application for the premises to be restored to the register may be made by the person who, in consequence of the change of ownership, has become the owner of the business; and where such an application is made, and it is shown to the reasonable satisfaction of the registrar either—
(a)that at the time of the application the applicant is a person lawfully conducting a retail pharmacy business, or
(b)that, if the premises are restored to the register, and the applicant thereafter carries on a retail pharmacy business at [F10or from] those premises, then as from the time when he begins to do so he will be a person lawfully conducting a retail pharmacy business,
and (in a case where, if the registration had not become void, a retention fee would have become payable) a fee equal to a retention fee has been paid, the registrar shall restore the premises to the register.
F11(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)A document purporting to be a certificate signed by the registrar and stating that, on a specified date, specified premises [F12in Northern Ireland] were, or were not, entered in the register shall be admissible in any proceedings as evidence (and, in Scotland, shall be sufficient evidence) that those premises were, or were not, entered in the register on that date.
F13(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F14(9)In this section—
“the appropriate Minister” means the Minister of Health, Social Services and Public Safety for Northern Ireland;
“year” means a period of 12 months beginning with such date as the appropriate Minister may from time to time determine.]
Textual Amendments
F1Words in s. 76 heading inserted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 1(10)(a); S.I. 2010/1621, art. 2(1), Sch.
F2Words in s. 76(1) inserted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 1(10)(b); S.I. 2010/1621, art. 2(1), Sch.
F3Words in s. 76(1) inserted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), art. 1(3), Sch. 2 para. 18(a); S.I. 2022/1023, art. 2
F4Words in s. 76(2) inserted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), art. 1(3), Sch. 2 para. 18(a); S.I. 2022/1023, art. 2
F5Words in s. 76(2) inserted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 1(10)(c)(i); S.I. 2010/1621, art. 2(1), Sch.
F6Words in s. 76(2) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 1(10)(c)(ii); S.I. 2010/1621, art. 2(1), Sch.
F7Word in s. 76(2)(b) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 1(10)(c)(iii); S.I. 2010/1621, art. 2(1), Sch.
F8Words in s. 76(3) inserted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), art. 1(3), Sch. 2 para. 18(b); S.I. 2022/1023, art. 2
F9S. 76(4) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1Pt. XII
F10Words in s. 76(5)(b) inserted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), art. 1(3), Sch. 2 para. 18(c); S.I. 2022/1023, art. 2
F11S. 76(6) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 40 (with regs. 2(4), 3)
F12Words in s. 76(7) inserted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 1(10)(d); S.I. 2010/1621, art. 2(1), Sch.
F13S. 76(8) omitted (27.9.2010) by virtue of The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 1(10)(e); S.I. 2010/1621, art. 2(1), Sch.
F14S. 76(9) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 1(10)(f); S.I. 2010/1621, art. 2(1), Sch.
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: