Pharmacy Act 1868

JurisdictionUK Non-devolved
Citation1868 c. 121


Pharmacy Act, 1868.

(31 & 32 Vict.) C A P. CXXI.

An Act to regulate the Sale of Poisons, and alter and amend the Pharmacy Act, 1852.

[31st July 1868]

W HEREAS it is expedient for the Safety of the Public that Persons keeping open Shop for the retailing, dispensing, or compounding of Poisons, and Persons know as Chemists and Druggists, should possess a competent practical Knowledge of their Business, and to that End that from and after the Day herein named all Persons not already engaged in such Business should, before commencing such Business, be duly examined as to their practical Knowledge, and that a Register should be kept as herein provided, and also that the Act passed in the Fifteenth and Sixteenth Years of the Reign of Her present Majesty, intituled An Actfor regulating the Qualification of Pharmaceutical Chemists, herein-after described as the Pharmacy Act, should be amended:

Be it enacted by the Queen'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 Authority of the same, as follows:

S-1 Persons selling or compounding Poisons, or assuming the Title of Chemist and Druggist to be qualified.

1 Persons selling or compounding Poisons, or assuming the Title of Chemist and Druggist to be qualified.

1. From and after the Thirty-first Day ofDecember One thousand eight hundred and sixty-eight it shall be unlawful for any Person to sell or keep open Shop for retailing, dispensing, or compounding Poisons, or to assume or use the Title ‘Chemist and Druggist,’ or Chemist or Druggist, or Pharmacist, or Dispensing Chemist or Druggist, in any Part of Great Britain , unless such Person shall be a Pharmaceutical Chemist, or a Chemist and Druggist within the Meaning of this Act, and be registered under this Act, and conform to such Regulations as to the keeping, dispensing, and selling of such Poisons as may from Time to Time be prescribed by the Pharmaceutical Society with the Consent of the Privy Council.

S-2 Articles named in Schedule \(A.) to be deemed Poisons within the Meaning of this Act.

2 Articles named in Schedule \(A.) to be deemed Poisons within the Meaning of this Act.

2. The several Articles named or described in the Schedule (A.) shall be deemed to be Poisons within the Meaning of this Act, and the Council of the Pharmaceutical Society ofGreat Britain (herein-after referred to as the Pharmaceutical Society) may from Time to Time, by Resolution, declare that any Article in such Resolution named ought to be deemed a Poison within the Meaning of this Act: and thereupon the said Society shall submit the same for the Approval of the Privy Council, and if such Approval shall be given, then such Resolution and Approval shall be advertised in theLondon Gazette, and on the Expiration of One Month from such Advertisement the Article named in such Resolution shall be deemed to be a Poison within the Meaning of this Act.

S-3 Chemists and Druggists within Meaning of this Act.

3 Chemists and Druggists within Meaning of this Act.

3. Chemists and Druggists within the Meaning of this Act shall consist of all Persons who at any Time before the passing of this Act have carried on inGreat Britain the Business of a Chemist and Druggist, in the keeping of open Shop for the compounding of the Prescriptions of duly qualified Medical Practitioners, also of all Assistants and Associates who before the passing of this Act shall have been duly registered under or according to the Provisions of the Pharmacy Act, and also of all such Persons as may be duly registered under this Act.

S-4 Apprentices and Assistants to be registered.

4 Apprentices and Assistants to be registered.

4. Any Person who at the Time of the passing of this Act shall be of full Age, and shall produce to the Registrar, on or before the Thirty-first Day ofDecember One thousand eight hundred and sixty-eight, Certificates according to Schedule (E.) to this Act that he had been for a Period of not less than Three Years actually engaged and employed in the dispensing and compounding of Prescriptions as an Assistant to a Pharmaceutical Chemist, or to a Chemist and Druggist as defined by Clause Three of this Act, shall, on passing such a modified Examination as the Council of the Pharmaceutical Society with the Consent of the Privy Council may declare to be sufficient Evidence of his Skill and Competency to conduct the Business of a Chemist and Druggist, be registered as a Chemist and Druggist under this Act.

S-5 Registration of Chemists and Druggists.

5 Registration of Chemists and Druggists.

5. The Persons who at the Time of the passing of this Act shall have been duly admitted Pharmaceutical Chemists, or shall be Chemists and Druggists within the Meaning of the Act, shall be entitled to be registered under the Act without paying any Fee for such Registration: Provided, however, as regards any such Chemist and Druggist, that his Claim to be registered must be by Notice in Writing, signed by him, and given to the Registrar, with Certificates according to the Schedules (C.) and (D.) to this Act; and provided also, that for any such Registration of a Chemist and Druggist, unless it be duly claimed by him on or before the Thirty-first Day ofDecember One thousand eight hundred and sixty-eight, the Person registered shall pay the same Fee as Persons admitted to the Register after Examination under this Act.

S-6 Examiners under Pharmacy Act to be the Examiners under this Act.

6 Examiners under Pharmacy Act to be the Examiners under this Act.

6. All Such Persons as shall from Time to Time have been appointed to conduct Examinations under the Pharmacy Act shall be and are hereby declared to be Examiners for the Purposes of this Act, and are hereby empowered and required to examine all such Persons as shall tender themselves for Examination under the Provisions of this Act;and every Person who shall have been examined by such Examiners, and shall have obtained from them a Certificate of competent Skill and Knowledge and Qualification, shall be entitled to be registered as a Chemist and Druggist under this Act; and the Examination aforesaid shall be such as is provided under the Pharmacy Act for the Purposes of a Qualification to be registered as Assistant under that Act, or as the same may be varied from Time to Time by any Byelaw to be made in accordance with the Pharmacy Act as amended by this Act; provided that no Person shall conduct any Examination for the Purposes of this Act until his Appointment has been approved by the Privy Council; and such Appointment and Approval shall not in any Case be in force for more than Five Years; moreover it shall be the Duty of the said Pharmaceutical Society to allow any Officer appointed by the said Privy Council to be present during the Progress of any Examination held for the Purposes of this Act.

S-7 Application of Fees to Purpose of Pharmaceutical Society.

7 Application of Fees to Purpose of Pharmaceutical Society.

7. Upon every such Examination and Registration as aforesaid such Fees shall be payable as shall from Time to Time be fixed and determined by any Byelaw to be made in accordance with the Pharmacy Act as amended by this Act, and shall be paid to the Treasurer of the said Society for the Purposes of the said Society.

S-8 Registrar under Pharmacy Act to be so under this Act.

8 Registrar under Pharmacy Act to be so under this Act.

8. The Registrar appointed or to be appointed under or by virtue of the Pharmacy Act shall be Registrar for the Purposes of this Act.

S-9 Council of Pharmaceutical Society to make Orders for regulating Register to be kept.

9 Council of Pharmaceutical Society to make Orders for regulating Register to be kept.

9. The Council of the Pharmaceutical Society shall, with all convenient Speed after the passing of this Act, and from Time to Time as Occasion may require, make Orders or Regulations for regulating the Register to be kept under this Act as nearly as conveniently may be in accordance with the Form set forth in the Schedule (B.) to this Act or to the like Effect, and such Register shall be called the Register of Chemists and Druggists.

S-10 Duty of Registrar to make and keep Register.

10 Duty of Registrar to make and keep Register.

10. It shall be the Duty of the Registrar to make and keep a correct Register, in accordance with the Provisions of this Act, of all Persons who shall be entitled to be registered under this Act, and to erase the Names of all registered Persons who shall have died, and from Time to Time to make the necessary Alterations in the Addresses of the Persons registered under this Act: to enable the Registrar duly to fulfil the Duties imposed upon him, it shall be lawful for the Registrar to write a Letter to any registered Person, addressed to him according to his Address on the Register, to inquire whether he has ceased to carry on Business or has changed his Residence, such Letter to be forwarded by Post as a Registered Letter, according to the Post Office Regulations for the Time being, and if no Answer shall be returned to such Letter within the Period of Six Months from the sending of the Letter, a Second, of similar Purport, shall be sent in like Manner, and if no Answer be given thereto within Three Months from the Date thereof it shall be lawful to erase the Name of such Person from the Register: Provided always, that the same may be restored by Direction of the Council of the Pharmaceutical Society should they think fit to make an Order to that Effect.

S-11 Notice of Death of Pharmaceutical Chemist or Chemist and Druggist to be given by Registrars.

11 Notice of Death of Pharmaceutical Chemist or Chemist and Druggist to be given by Registrars.

11. Every Registrar of Deaths inGreat Britain, on receiving...

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