Health Act 2006

31 Enforcement E+W

(1) In section 108 of the Medicines Act 1968 (c. 67) (enforcement in England and Wales)—

(a) in subsection (1), at the beginning insert “ Subject to the provisions of subsection (6C) of this section, ”,

(b) after subsection (6) insert—

“(6A) The Pharmaceutical Society shall be under a duty, concurrently with the appropriate Minister, to enforce the provisions of subsections (4) and (5) of section 72A of this Act in their application to England and Wales.

(6B) The Pharmaceutical Society shall be under a duty to enforce the other provisions of section 72A of this Act, and any regulations made under them, in their application to England and Wales.

(6C) The appropriate Minister shall be under no duty to enforce those other provisions, or any regulations made under them, in their application to England and Wales.

(6D) Notwithstanding subsection (6C) of this section the appropriate Minister is to be treated for the purposes of sections 111 to 114 of this Act—

(a) as empowered by this section to enforce those other provisions, or any regulations made under them, in their application to England and Wales, and

(b) to that extent as an enforcement authority in relation to those other provisions or those regulations in their application to England and Wales.”,

(c) in subsection (9)(a), after “hospital” insert “ (except in relation to so much of the hospital premises as is a registered pharmacy) ”,

(d) in subsection (10), for “(4) to (8)” substitute “ (4) to (6A), (7) and (8) ”.

(2) In section 109 of the Medicines Act 1968 (enforcement in Scotland), in subsection (1), at the beginning insert “ Subject to the provisions of section 108(6C) of this Act as applied by subsection (2) of this section, ”.

(3) In section 110 of the Medicines Act 1968 (enforcement in Northern Ireland)—

(a) in subsection (1), for “subsection (4)” substitute “ subsections (3C) and (4) ”,

(b) after subsection (3) insert—

“(3A) The Pharmaceutical Society shall be under a duty, concurrently with the Minister, to enforce the provisions of subsections (4) and (5) of section 72A of this Act in their application to Northern Ireland.

(3B) The Pharmaceutical Society shall be under a duty to enforce the other provisions of section 72A of this Act, and any regulations made under them, in their application to Northern Ireland.

(3C) The Minister shall be under no duty to enforce those other provisions, or any regulations made under them, in their application to Northern Ireland.

(3D) Notwithstanding subsection (3C) of this section the Minister is to be treated for the purposes of sections 111 to 114 of this Act—

(a) as empowered by this section to enforce those other provisions, or any regulations made under them, in their application to Northern Ireland, and

(b) to that extent as an enforcement authority in relation to those other provisions or those regulations in their application to Northern Ireland.”,

(c) in subsection (5)(a), for “and (3)” substitute “ to (3D) ”,

(d) in subsection (5)(b), for “(4) to (8)” substitute “ (4) to (6A), (7) and (8) ”.

Commencement Information

I1 S. 31 in force at 1.10.2009 by S.I. 2008/2714, art. 2(a)