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The Medicines Act 1968 (Commencement No. 4) Order 1973

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Statutory Instruments

1973 No. 1851 (C.56)

MEDICINES

The Medicines Act 1968 (Commencement No. 4) Order 1973

Made

2nd November 1973

The Secretaries of State respectively concerned with health in England and in Wales, the Secretary of State concerned with health and with agriculture in Scotland, the Secretary of State for Northern Ireland and the Minister of Agriculture, Fisheries and Food, acting jointly, in exercise of powers conferred by section 136(3) and (4) of the Medicines Act 1968 and now vested in them(1) and of all other powers enabling them in that behalf, after consulting such organisations as appear to them to be representative of interests likely to be substantially affected by the following order, hereby make the following order:—

1.  The day appointed for the coming into operation of section 77 of the Medicines Act 1968 (hereafter in this order referred to as “the Act”) shall be 1st January 1974.

2.  The 1st January 1974 shall also be the day appointed for the coming into operation of section 135(2) and (4) of the Act for the purpose of the enactments specified in column 1 of the Schedule to this order to the extent specified in column 2 of that Schedule.

3.  Without prejudice to the preceding Article of this order—

(a)for the purposes of Great Britain, until all the provisions of the Pharmacy and Poisons Act 1933 specified in Schedule 6 to the Act have been repealed, those provisions of the said Act of 1933 that have effect in relation to premises registered under the said Act of 1933 shall apply to a registered pharmacy (within the meaning of section 74(1) of the Act) as if such registered pharmacy were premises registered under the said Act of 1933 and as if those provisions were set out in this order; and

(b)for the purposes of Northern Ireland, until all the provisions of the Pharmacy and Poisons Act (Northern Ireland) 1925, the Medicines. Pharmacy and Poisons Act (Northern Ireland) 1945, the Pharmacy and Poisons Act (Northern Ireland) 1955 and the Pharmacy Act (Northern Ireland) 1967 specified in Schedule 8 to the Act have been repealed, those provisions of the said Acts that have effect in relation to premises for which an annual licence is in force under the said Acts shall apply to a registered pharmacy (within the meaning of section 74(1) of the Act) as if such a registered pharmacy were premises having an annual licence under the said Acts and as if those provisions were set out in this order.

4.  This order may be cited as the Medicines Act 1968 (Commencement No. 4) Order 1973.

Keith Joseph

Secretary of State for Social Services

25th October 1973

Peter Thomas

Secretary of State for Wales

27th October 1973

Gordon Campbell

Secretary of State for Scotland

29th October 1973

W. S. I. Whitelaw

Secretary of State for Northern Ireland

30th October 1973

In witness whereof the official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 2nd November 1973.

L.S.

Joseph Godber

Minister of Agriculture, Fisheries and Food

Article 2

SCHEDULE

EnactmentsExtent of repeal
(1)(2)
The Pharmacy and Poisons Act 1933 (c. 25)

Section 12(1).

Section 12(2) except the words “it shall be the duty of the registrar to keep, in accordance with the provisions of the bye-laws, a register for the purposes of this section (in this Act referred to as “the register of premises”)” .

Section 12(3).

The Pharmacy and Poisons Act (Northern Ireland) 1925 c. 8 (N.I.)Section 17(1), (2), and (3) and Schedule 3.
The Pharmacy and Poisons Act (Northern Ireland) 1955 c. 31 (N.I.)Section 14.

EXPLANATORY NOTE

This Order brings into operation on 1st January 1974 section 77 of the Medicines Act 1968 which requires annual returns of retail pharmacy business premises to be made. The Order also brings into operation on 1st January 1974 certain parts of section 135(2) and (4) of that Act so as to revoke those enactments set out in the Schedule to the Order. Article 3 of the Order provides transitional provisions in respect of certain registered pharmacy premises.

(1)

In the case of the Secretaries of State concerned with health in England and in Wales by virtue of Article 2(2) of, and Schedule 1 to, the Transfer of Functions (Wales) Order 1969 S.I. 1969/388(1969 I, p. 1070), and in the case of the Secretary of State for Northern Ireland by virtue of section 1(1)(a) of the Northern Ireland (Temporary Provisions) Act 1972 (c. 22).

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