Medicines Act 1968

76 Supplementary provisions as to registration of premises[F1 : Northern Ireland]. U.K.

(1) Where any premises have been entered in the register [F2 under 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 [F3 or from] those premises.

(2) If, on demand being made to him in the prescribed manner, the person carrying on a retail pharmacy business at [F4 or from] any premises entered in the register [F5 under 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, [F6 the 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 [F6 the 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 [F6 the appropriate Minister] so [F7 directs], 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 [F8 or 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 [F10 or 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 [F12 in 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

F1 Words 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.

F2 Words 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.

F3 Words 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

F4 Words 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

F5 Words 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.

F6 Words 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.

F7 Word 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.

F8 Words 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

F9 S. 76(4) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1Pt. XII

F10 Words 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

F11 S. 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)

F12 Words 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.

F13 S. 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.

F14 S. 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.