(A1) Nothing in this Part is to be taken as requiring there to be a responsible pharmacist in respect of premises at or from which a retail pharmacy business is carried on at a time when no medicinal products (whether they are on a general sale list or not) are being—

(a) offered or exposed for sale by retail or supply in circumstances corresponding to retail sale at or from the premises, or

(b) assembled, prepared or dispensed at or from the premises with a view to such sale or supply.

(1) It is the duty of the responsible pharmacist mentioned in sections 70, 71 and 72 of this Act to secure the safe and effective running of the pharmacy business carried on at or from the premises in question so far as concerns—

(a) the retail sale at or from those premises of medicinal products (whether they are on a general sale list or not), and

(b) the supply at or from those premises of such products in circumstances corresponding to retail sale.

(2) A person may not be the responsible pharmacist in respect of more than one set of premises at the same time, except in circumstances specified by the General Pharmaceutical Council in rules in relation to premises in Great Britain or the Council of the Pharmaceutical Society of Northern Ireland in regulations in relation to premises in Northern Ireland, and then only if such conditions as may be so specified are complied with.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The General Pharmaceutical Council may make further provision in rules in relation to the responsible pharmacist in respect of premises in Great Britain, and the Council of the Pharmaceutical Society of Northern Ireland may make further provision in regulations in relation to the responsible pharmacist in respect of premises in Northern Ireland.

(6A) In making any such provision, the General Pharmaceutical Council and the Council of the Pharmaceutical Society of Northern Ireland must have regard to the principle that the burdens imposed on businesses by rules or regulations should be the minimum necessary to secure the benefits, considered in general terms, which are expected to result from the rules or regulations.

(7) The rules and regulations mentioned in subsection (6) may (amongst other things)—

(a) make further provision about the matters mentioned in subsection (1);

(b) make provision about the responsible pharmacist’s absence from the premises.

(7A) If such rules or regulations make provision about the responsible pharmacist’s absence from the premises, they must also provide that the retail sale of medicinal products on a general sale list may continue at or from the premises during any period in which the responsible pharmacist is absent from the premises.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72B

(1) The failure by a person to comply with any requirements of section 72A or 72AA of this Act, or of rules or regulations made under section 72A, may constitute misconduct for the purposes of section 80 of this Act, article 51(1)(a) of the Pharmacy Order 2010 and Article 20 of the Pharmacy (Northern Ireland) Order 1976 and the relevant disciplinary committee may deal with such a failure accordingly.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subsection (4) of this section applies if a person—

(a) fails to comply with the requirements of subsection (2) of section 72A of this Act, or of rules or regulations made under that subsection,

(b) fails to comply with any requirements as to absence from the premises contained in rules or regulations made by virtue of subsection (7) of that section.

(4) If this subsection applies, the person in question is not to be considered while the failure continues as being in charge of the business carried on at or from the premises in question (or in a subsection (3)(a) case at any of them) for the purposes of sections 70 to 72 of this Act.

Scope of Part VI.

Medicinal products on prescription only.

New editions of British Pharmacopoeia, and other compendia.

Rights of entry.

Facilities for microbiological examinations.

Transitional exemptions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificates for exporters of medicinal products.

The Cancer Act 1939 (c. 13.)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions as to manufacture and wholesale dealing.

Exemptions for pharmacists.

Hearing before person appointed

Medicinal products on prescription only.

Entitlement to licence of right.

Medicinal products on prescription only.

Protection of purchasers of medicinal products.

General provisions.

Exemptions for imports.

The responsible pharmacist

Power to extend or modify conditions.

False or misleading advertisements and representations.

Adulteration of medicinal products.

Special provisions in respect of exporting certain products to EEA States

Enforcement in Scotland.

Power to inspect, take samples and seize goods and documents.

Transitional exemptions.

General provisions as to operation of Act.

The Venereal Disease Act 1917 (c. 21).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General provisions.

Exemption for re-exports.

Provision for extending or modifying exemptions.

General provisions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Representative of pharmacist in case of death or disability.

Transitional exemptions.

Termination of transitional exemptions.

General provisions as to operation of Act.

The Venereal Disease Act 1917 (c. 21).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General provisions as to operation of Act.

The Venereal Disease Act 1917 (c. 21).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power for relevant disciplinary committee to disqualify and direct removal from register.

The responsible pharmacist

Rules by the General Pharmaceutical Council

Provision for modifying or extending restrictions under s. 78.

Special provisions in respect of exporting certain products to EEA State s

Enforcement in Scotland.

General provisions as to operation of Act.

The Venereal Disease Act 1917 (c. 21).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General provisions as to operation of Act.

The Venereal Disease Act 1917 (c. 21).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General provisions as to operation of Act.

The Venereal Disease Act 1917 (c. 21).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration and renewal of licence.

Sale of medicinal products from automatic machines.

Certificates for exporters of medicinal products.

Special provisions in relation to new medicinal products.

Exemption for nurses and midwives.

Bodies corporate.

Revocation of disqualification.

Sale or supply of medicinal products on general sale list.

Scope of Part VI.

Requirement to specify certain products as prescription-only products

Certificates for exporters of medicinal products.

General interpretation provisions.

General provisions as to operation of Act.

The Venereal Disease Act 1917 (c. 21).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The responsible pharmacist

Provision for extending or modifying exemptions.

Scope of Part VI.

Business carried on by body corporate

New editions of British Pharmacopoeia, and other compendia.

Power to inspect, take samples and seize goods and documents.

Enforcement in Northern Ireland.

Exemptions for imports.

General interpretation provisions.

Special provisions as to Northern Ireland.

The Cancer Act 1939 (c. 13.)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

74A

(1) This section applies in relation to premises in Great Britain.

(2) If the registrar is satisfied that the conditions in section 74B are met in relation to premises that are not entered in the register, the registrar must enter the premises in Part 3 of the register unless the registrar considers that doing so would prejudice the health, safety or well-being of members of the public.

(3) Subject to subsection (5) and to section 74H, the entry of premises entered in Part 3 of the register under subsection (2) is valid for the period of one year beginning with the date on which the entry was made.

(4) If the registrar is satisfied that the conditions in section 74B are met in relation to premises entered in Part 3 of the register under subsection (2), the registrar must renew the entry of the premises unless the registrar considers that doing so would prejudice the health, safety or well-being of members of the public.

(5) Subject to subsection (7) and to section 74H, each renewal of the entry of premises entered in Part 3 of the register under subsection (2) extends the validity of the entry for the period of one year beginning with the day on which the entry would otherwise have ceased to be valid.

(6) The registrar may, except in such circumstances as may be prescribed by the General Pharmaceutical Council in rules, renew the entry of premises in Part 3 of the register for a period exceeding one year beginning with the day on which the entry would otherwise have ceased to be valid in which case the renewal of the entry of premises entered in that part of the register under subsection (2) extends the validity of the entry for that period.

(7) If the entry of premises entered in Part 3 of the register under this section ceases to be valid then, except in such circumstances as may be prescribed by the General Pharmaceutical Council in rules, the premises are to be treated for all purposes as no longer being entered in Part 3 of the register and accordingly the registrar must remove the entry from that part of the register.

74B

(1) The conditions referred to in section 74A are as follows.

(2) Condition A is that an application for the entry of the premises in Part 3 of the register or, as the case may be, for the renewal of the entry of the premises in Part 3 of the register is made—

(a) in such form and manner as is prescribed in rules made by the General Pharmaceutical Council; and

(b) if the application is an application for renewal, by such time prior to the entry ceasing to be valid as is so prescribed.

(3) Condition B is that the appropriate fee prescribed in rules made by the General Pharmaceutical Council under article 36(1) of the Pharmacy Order 2010 is paid.

(4) Condition C—

(a) if the application is an application for the entry of the premises in Part 3 of the register, is that either—

(i) the applicant is lawfully conducting a retail pharmacy business, or

(ii) if the premises are entered in Part 3 of the register, and the applicant begins to carry on a retail pharmacy business at or from the premises, the applicant will, from the time the applicant begins to do so, be a person lawfully conducting a retail pharmacy business; or

(b) if the application is an application for the renewal of the entry of the premises in Part 3 of the register, is that the applicant is lawfully conducting a retail pharmacy business at or from the premises.

(5) Condition D—

(a) if the application is an application for the entry of the premises in Part 3 of the register, is that the standards that are provided for in rules made set under article 7(1) of the Pharmacy Order 2010 are met, or are capable of being met, in connection with the carrying on of a retail pharmacy business at or from the premises; or

(b) if the application is an application for the renewal of the entry of the premises in Part 3 of the register, is—

(i) that the standards that are provided for in rules made set under article 7(1) of the Pharmacy Order 2010 are met in connection with the carrying on of a retail pharmacy business at or from the premises, and

(ii) that the requirements of rules (if any) made under article 7(4) of that Order are met by the person carrying on a retail pharmacy business at or from the premises.

74C

(1) The registrar may restore to Part 3 of the register the entry of premises removed from that part of the register by virtue of section 74A(7) if an application is made to the registrar in accordance with this section.

(2) An entry restored under this section to Part 3 of the register—

(a) is still to be treated as having been entered in that part of the register under section 74A;

(b) is valid for the period of one year beginning with the day on which the entry would otherwise have ceased to be valid by virtue of section 74A(7) or is valid for such longer period beginning with that day as the registrar may in any particular case allow; and

(c) may be subject to the same conditions as those to which the entry was subject immediately before it was removed from Part 3 of the register by virtue of section 74A(7) or may be subject to such other conditions as the registrar may impose under section 74D(1).

(3) An application for restoration may be made to the registrar by the person who is the owner of the retail pharmacy business previously carried on at or from the premises and that person must be—

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