Pharmacy and Poisons Act 1933
| Year | 1933 |
Pharmacy and Poisons Act, 1933
(23 & 24 Geo. 5.) CHAPTER 25.
An Act to amend the law relating to Pharmacy and Poisons and for purposes consequential on such amendment.
[28th June 1933]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I.
Pharmacy.
1 Membership of Pharmaceutical Society.
(1) Every person registered as a pharmacist, shall, by virtue of being so registered, be a member of the Pharmaceutical Society of Great Britain (in this Act referred to as ‘the Society’), and the provisions of the Pharmacy Acts and of the Charter of Incorporation of the Society, in so far as they provide that persons shall become members of the Society by election, shall cease to have effect.
(2) Every member of the Society shall, in addition to the fees payable on registration as a pharmacist, pay such fee (in this section referred to as ‘a retention fee’) as may be prescribed by byelaws, but not exceeding two pounds, in respect of the retention of his name on the register in any year subsequent to the year in which he first becomes a member of the Society, or, in the case of a person who was a member of the Society immediately before this section comes into operation, subsequent to the year in which this section comes into operation.
(3) Different retention fees may be prescribed under this section as regards different classes of members of the Society, and provision may be made by byelaws for exempting any class of the said members from liability to pay a retention fee.
(4) If a person on whom a demand has been made, in the manner prescribed by byelaws, for payment of a retention fee payable by him under this section fails to pay the fee within two months after the date on which the demand therefor was made, the Council of the Society (in this Act referred to as ‘the Council’) may remove his name from the register, but if, either within the year in respect of which the fee is payable or within such longer period as the Council may allow, the person whose name has been removed from the register pays to the Society the retention fee, together with such additional sum, if any, by way of penalty for the default as may be prescribed by byelaws, his name shall be restored to the register, and, if the Council so directs, the restoration shall have effect as from the date on which his name was removed from the register.
(5) A person shall, on ceasing to be registered as a pharmacist, cease to be a member of the Society.
(6) Except in so far as the Council otherwise directs, the register of members of the Society and associates and apprentices or students directed to be kept by section five of the Pharmacy Act, 1852 , shall cease to be kept, and so much of the Pharmacy Acts as relates to the keeping of the said register and to the granting by the registrar of certificates of inclusion therein, or of membership of the Society, shall cease to have effect.
(7) In this section the expression ‘year’ means a period of twelve months beginning on such date as the Council may from time to time determine.
(8) Nothing in this section shall apply to honorary or corresponding members of the Society.
2 Issue of certificates of registration, and penalties for failure to surrender or abuse of certificates.
(1) It shall be the duty of the Council on the demand of a registered pharmacist to cause a certificate of registration to be issued to him without fee:
Provided that, where a certificate of registration has already been issued to the person making the demand, there shall be no obligation upon the Council to cause a further certificate to be issued to him unless he satisfies the registrar that the original certificate has been lost or destroyed and pays such fee, if any, in respect of the issue of the further certificate as may be prescribed by byelaws.
(2) If a person to whom a certificate of registration has been issued ceases to be registered as a pharmacist, he shall, within fourteen days after so ceasing, transmit the certificate to the registrar for cancellation, and, if he fails so to do, he shall be liable on summary conviction, in respect of each offence, to a fine not exceeding five pounds and to a further fine not exceeding one pound for every day subsequent to the day on which he is convicted of the offence during which the default continues.
(3) If, with intent to deceive, a person—
(a ) forges, or uses, or lends to or allows to be used by any other person a certificate of registration or any other certificate issued under any of the Pharmacy Acts; or
(b ) makes or has in his possession a document so closely resembling any such certificate as aforesaid as to be calculated to deceive;
he shall be liable on summary conviction, in respect of each offence, to a fine not exceeding twenty pounds and, in the case of a continuing offence, to a further fine not exceeding five pounds for every day subsequent to the day on which he is convicted of the offence during which the contravention continues.
(4) In the application of this section to England, the expression ‘forges’ has the same meaning as in the Forgery Act, 1913.
3 Restriction on use of certain titles, &c.
(1) It shall not be lawful for a person, unless he is registered as a pharmaceutical chemist, to take or use the title of pharmaceutical chemist or pharmaceutist, or for any person unless he is registered as a pharmacist to take or use the title of ‘chemist and druggist,’ or of druggist or of pharmacist or of member of the Pharmaceutical Society, or to take or use in connection with the sale of goods by retail the title of chemist.
(2) It shall not be lawful for a person to use in connection with any business any title, emblem or description reasonably calculated to suggest that he or anyone employed in the business possesses any qualification with respect to the selling, dispensing or compounding of drugs or poisons other than the qualification which he in fact possesses.
For the purposes of this subsection the use of the description ‘pharmacy’ in connection with a business carried on on any premises shall be deemed to be reasonably calculated to suggest that the owner of the business and the person having the control of the business on those premises are registered pharmacists.
(3) If a person acts in contravention of the foregoing provisions of this section, he shall, on summary conviction, be liable in respect of each offence to a fine not exceeding twenty pounds and in the case of a continuing offence to a further fine not exceeding five pounds for every day subsequent to the day on which he is convicted of the offence during which the contravention continues.
4 Nomination by Privy Council of additional members of Council of Society.
(1) The Privy Council may nominate three persons to be members of the Council of the Society in addition to the persons appointed as members of the Council under the Charter of Incorporation of the Society, and the persons so nominated shall hold office as members of the Council for such period as the Privy Council may determine.
(2) A person may be nominated under this section as a member of the Council whether he is or is not a member of the Society.
5 Byelaws of Society not to require confirmation by general meeting.
5. Section two of the Pharmacy Act, 1852, shall cease to have effect so far as it requires byelaws to be confirmed and approved by a special general meeting of the Society.
6 Constitution of Statutory Committee.
(1) For the purposes of this Act there shall be appointed a Committee of the Society which shall be known as ‘the Statutory Committee’ and which shall be constituted in the manner provided by this section.
(2) The Statutory Committee shall consist of six members, of whom one, who shall be a person having practical legal experience, shall be appointed by the Privy Council, and of whom five shall be persons appointed by the Council of the Society.
(3) The member appointed by the Privy Council shall be the chairman of the Statutory Committee, and a person may be appointed a member of the Committee whether he is or is not a member of the Society or of the Council of the Society.
(4) The members first appointed by the Council of the Society shall include a pharmacist resident in Scotland and if, on the occurrence of a vacancy amongst the members appointed by the Council of the Society, none of those members is a pharmacist so resident, the person appointed to fill the vacancy shall be a pharmacist so resident.
(5) Subject to the provisions of this section, a member of the Statutory Committee shall hold office for a period of five years from the date of his appointment but shall be eligible for reappointment at the expiration of that period.
(6) A member of the Statutory Committee may at any time resign his appointment, in the case of the member appointed by the Privy Council by giving notice in writing of his resignation to the Clerk of the Privy Council, and in the case of any other member by giving such notice to the Registrar.
(7) It shall be lawful for the body by which any member of the Committee was appointed to remove him from his office for inability to perform his duties or for misbehaviour.
(8) If the member appointed by the Privy Council becomes, by reason of illness or other infirmity temporarily incapable of performing the duties of his office, the Privy Council may appoint a...
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