Medicines Act 1968

109 Enforcement in Scotland

(1) It shall be the duty of the Secretary of State to enforce in Scotland, or to secure the enforcement in Scotland of, the provisions of this Act and of any regulations and orders made under it.

(2) Subsections (2) and (3) and (6) to (10) of section 108 of this Act shall have effect in relation to Scotland as if—

(a) any reference to the appropriate Minister or to the Minister of Health and the Minister of Agriculture, Fisheries and Food acting jointly were a reference to the Secretary of State ;

(b) any reference to England and Wales were a reference to Scotland; and

(c) references to a food and drugs authority or to any such council as is mentioned in section 108(8) of this Act, and to the area of any such authority or council, were references respectively to a local authority as denned by section 26(4) of the [1956 c. 30.] Food and Drugs (Scotland) Act 1956 and to the area of such an authority.

(3) Regulations made by the Secretary of State may provide that, to such extent as may be specified in the regulations—

(a) the Pharmaceutical Society, in respect of Scotland generally, or in respect of such area in Scotland as may be so specified,

(b) a local authority within the meaning of section 26(4) of the Food and Drugs (Scotland) Act 1956, in respect of their area,

shall have power concurrently with the Secretary of State, or be under a duty concurrently with him, to enforce any regulations made under section 66 of this Act.

(4) Nothing in this section shall be construed as authorising an enforcement authority to institute proceedings for any offence.