C8Part VIII Miscellaneous and Supplementary Provisions
C2C3C4C5C6C7C9C10C11108C1 Enforcement in England and Wales.
1
F9Subject to the provisions of subsection (6C) of this section, it shall be the duty of the appropriate Minister to enforce in England and Wales, or to secure the enforcement in England and Wales of, the provisions of this Act and any regulations and orders made under it.
2
For the purpose of performing that duty in relation to—
a
the provisions of any order made under paragraph (a) of section 62(1) of this Act and of section 63(b), F18section 64 and sections 87(2) and 88(3) of this Act, in the application of any of those provisions to the retail sale, offer or exposure for retail sale, or possession for the purpose of retail sale, of medicinal products and to the supply, offer or exposure for supply, or possession for the purpose of supply, of medicinal products in circumstances corresponding to retail sale;
F19b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the appropriate Minister shall, in respect of each area for which there is a F1drugs authority make arrangements or give directions whereby F21the General Pharmaceutical Council, or the F1drugs authority for that area, or both F22the Council and that authority, to such extent as, in the case of F23that Council or authority, the arrangements or directions may provide, shall have power concurrently with the appropriate Minister, or shall be under a duty concurrently with him, to enforce the provisions specified in F24paragraph (a) of this subsection, in their application as mentioned in F25that paragraphF26....
F293
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F294
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F295
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F13the General Pharmaceutical Council shall be under a duty, concurrently with the appropriate Minister,—
F12a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
to enforce the provisions of any regulations made under section 60 F27... of this Act in their application to premises in England and Wales at which medicinal products are sold by retail or are supplied in circumstances corresponding to retail sale; and
c
to enforce the provisions of F11section 78 of this Act, and of any regulations made under section 79(2) of this Act, in their application to England and Wales.
F30F86A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6B
6C
The appropriate Minister shall be under no duty to enforce F32those provisions, or any rules made under section 72A, 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 F33those provisions, or any rules made under section 72A, in their application to England and Wales, and
b
to that extent as an enforcement authority in relation to F34those provisions or those rules in their application to England and Wales.
F287
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F48
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
Notwithstanding anything in subsections F5(2) to F14 (6D) of this section, no duty or power conferred or imposed by or under any of those subsections shall be performed or be exercisable in relation to—
a
any hospital F10(except in relation to so much of the hospital premises as is a registered pharmacy), or
b
so much of any premises as is used by a practitioner for carrying on his practice, or
c
so much of any premises (not falling within either of the preceding paragraphs) as is used for veterinary medicine or veterinary surgery for the purposes of any institution.
10
If the appropriate Minister is satisfied, after making such inquiry as he thinks fit, that F15the General Pharmaceutical CouncilF16has in relation to any matter failed to perform a duty imposed on it byF35subsection (6B) to enforce any provisions or rules mentioned in that subsection, and that the public interest requires that the provisions or rules in question should be enforced in relation to it, the appropriate Minister may enforce those provisions or rules in relation to that matter.
11
In this section “the appropriate Minister”—
F6a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F312
In this section “ drugs authority ” means—
F17a
in relation to an area in England other than the City of London, the council of a non-metropolitan county, metropolitan district or London borough;
b
in relation to the City of London (including the Inner Temple and the Middle Temple), the Common Council of the City of London; and
c
in relation to an area in Wales, the council of a county or county borough.
Pt. VIII (ss. 104–136) extended by S.I.s 1982/425, art. 3, 1984/187 art. 2; and extended with modifications by S.I. 1985/403, art. 3(1)