Pharmacy and Medicines Act 1941
| Jurisdiction | UK Non-devolved |
| Citation | 1941 c. 42 |
| Year | 1941 |
Pharmacy and Medicines Act, 1941
(4 & 5 Geo. 6.) CHAPTER 42.
An Act to amend the Pharmacy and Poisons Act, 1933, to prohibit certain advertisements relating to medical matters, and to amend the law relating to medicines.
[7th August 1941]
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:—
Amendments of principal Act.
1 Alternative conditions to be complied with by authorised sellers of poisons.
(1) Where a business comprising the retail sale of drugs is being carried on, so far as it concerns the retail sale of drugs, at two or more sets of premises, it shall not be necessary, in order that the person carrying on the business may be an authorised seller of poisons, to comply with the conditions requiring the business to be under the personal control of a registered pharmacist at any of those sets of premises where no poisons included in Part I of the Poisons List are sold, if the following conditions are complied with in lieu thereof—
(a ) the retail sale of drugs, or of drugs and medical appliances, or of drugs and surgical appliances, or of drugs and medical and surgical appliances must not constitute a substantial part of the business carried on at the premises;
(b ) before any drug is sold at the premises, it must have been made up for sale in a container elsewhere than at the premises and the container must not have been opened since the time when the drug was made up for sale therein;
(c ) drugs must not be dispensed or compounded on the premises;
(d ) prescriptions must not be received at the premises, and drugs dispensed or compounded elsewhere than at the premises for the use of a particular person must not be distributed at the premises or despatched therefrom;
(e ) subject to the provisions of this section, none of the following titles, descriptions or emblems must be used in connection with the business carried on at the premises, namely—
(i) the title of ‘member of the Pharmaceutical Society’, ‘pharmaceutical chemist’, ‘pharmaceutist’, ‘pharmacist’, ‘chemist’, or ‘druggist’; or
(ii) the description ‘pharmacy’; or
(iii) any title, description or emblem reasonably calculated to suggest that the owner of the business or anyone employed therein possesses any qualification in connection with the dispensing, selling or compounding of drugs or poisons;
(f ) the business carried on at the premises must, so far as it concerns the retail sale of drugs, be conducted in accordance with such other conditions (if any) as may be prescribed by regulations made by the Secretary of State;
(g ) the premises must be duly registered under section twelve of the principal Act as amended by this section.
(2) The reference in the preceding subsection to conditions requiring the business to be under the personal control of a registered pharmacist shall be construed as a reference to the conditions specified in the following provisions of the principal Act, namely, paragraphs (a ) and (b ) of section eight, paragraphs (b ) and (c of section ten.
(3) The Secretary of State may make regulations for determining whether, in the circumstances specified in the regulations, the retail sale of drugs, or of drugs and medical appliances, or of drugs and surgical appliances, or of drugs and medical and surgical appliances is or is not to be treated for the purpose of paragraph (a ) of subsection (1) of this section as constituting a substantial part of the business carried on at any premises.
(4) Paragraph (e ) of subsection (1) of this section shall not be construed as prohibiting the use on a container in which drugs are made up for sale, or on any label affixed to or document enclosed in such a container, of the title or description of the person by whom, or the address at which, they were made up for sale, not being the title or description of the person carrying on the business at the premises in question or an address where drugs are sold by retail.
(5) All sets of premises which are required to be registered by paragraph (g ) of subsection (1) of this section shall be entered in a separate part of the register kept under section twelve of the principal Act, and the fee that may be prescribed under that section in respect of the registration or retention on the register of any such set of premises shall not exceed one pound.
(6) Where an authorised seller of poisons carries on business at premises required to be registered by paragraph (g ) of subsection (1) of this section—
(a ) every list sent by him to the registrar in pursuance of subsection (1) of section thirteen of the principal Act shall distinguish between the sets of premises so required to be registered and the other sets of premises where his business, so far as it comprises the retail sale of drugs, is being carried on; and
(b ) in the case of any set of premises so required to be registered, it shall not be necessary for him to comply with the requirements of the said subsection as respects the name of the registered pharmacist having the personal control of the business on each set of premises.
(7) Any regulations made under this section shall be laid before Parliament as soon as may be after they are made, and if either House of Parliament, within the period of forty days beginning with the day on which any such regulations are laid before it, resolves that the regulations shall be annulled, the regulations shall thereupon become void, without prejudice, however, to the validity of anything previously done thereunder or to the making of new regulations.
In reckoning any such period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(8) In this section—
the expression ‘dispensed’ in relation to a drug, means supplied on and in accordance with a prescription duly given by a registered medical practitioner, a registered dentist or a registered veterinary surgeon;
the expression ‘medical appliances’ includes contraceptives.
2 Extension of local authorities' lists.
(1) On the application of an authorised seller of poisons who wishes to sell at any premises poisons included in Part II of the Poisons List, but neither poisons included in Part I of that list nor drugs, the local authority for the area in which the premises are situated shall enter his name in the list kept by them under section twenty-one of the principal Act as a person entitled, subject to the provisions of that Act, to sell on those premises poisons included in the said Part II:
Provided that the local authority may refuse to enter in, or may remove from, the list the name of any person who fails to pay the fees prescribed by rules or who in the opinion of the authority is, for any sufficient reason relating either to him personally or to his premises, not fit to be on the list.
(2) The provisions of subsections (2) to (7) of the said section twenty-one (which relate to appeals from the decision of a local authority to refuse to enter a name in, or to remove a name from, the list, and other incidental matters) shall apply for the purposes of the foregoing provisions of this section as they apply for the purposes of that section.
(3) Where any premises of an authorised seller of poisons are entered in a local authority's list by virtue of this section, it shall be the duty of the authority under subsection (5) of section twenty-five of the principal Act, and not the duty of the Society under subsection (1) of that section, to take all reasonable steps to secure compliance by him, as respects those premises, with the provisions of Part II of the principal Act and of the rules made thereunder so far as those provisions relate to poisons included in Part II of the Poisons List; and the provisions of subsections (5) to (10) of that section relating to inspectors shall apply accordingly.
3 Amendment as to separate sets of premises.
3. Where a separate or distinct part, or two or more separate or distinct parts, of any premises at which a business which comprises the retail sale of drugs is carried on, is or are used for the retail sale of drugs, then, for the purposes of this Act and the principal Act, that part or each of those parts, as the case may be, shall be treated as being a separate set of premises.
4 Amendments as to registration of pharmacists.
(1) Where a person applying to be registered as a pharmacist has been convicted of any such criminal offence or been guilty of such misconduct as would, in the opinion of the Statutory Committee, render him unfit to remain on the register if he were a registered pharmacist, the Committee may, after making inquiry into the case, direct that his name shall not be registered, or shall not be registered until the Committee otherwise directs.
(2) Where a person whose name has been removed from the register under subsection (4) of section one of the principal Act, or a person employed by him in the carrying on of his business, has (whether before or after the removal of his name) been convicted of any such criminal offence as aforesaid or been guilty of such misconduct as aforesaid, the Statutory Committee may, after making inquiry into the case, direct that his name shall not be restored to the register, or shall not be restored until the Committee otherwise directs.
(3) Where directions are given by the Statutory Committee under the foregoing provisions of this section that the name of a person is not to be registered, or is not to be restored to the register, until the...
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