23.—(1) Article 14 of the 2010 Order (non-compliance with improvement notices) is amended as follows.
(2) In paragraph (1), after “retail pharmacy business at” insert “or from”.
(3) After paragraph (1) insert the following paragraph—
“(1A) But no offence is committed if the failure to comply with the terms of an improvement notice relates to matters included in the improvement notice—
(a)pursuant to article 13(1)(a); or
(b)pursuant to article 13(1)(b), if the failure is to comply with standards set under article 7(1) that the Registrar has made a condition of the entry of the registered premises in the Register pursuant to section 74D of the Medicines Act 1968(1) (conditional registration: Great Britain).”.
(4) In paragraph (2), after “retail pharmacy business at” insert “or from”.
(5) After paragraph (4) insert the following paragraph—
“(4A) But if the failure to comply with terms of the improvement notice relates to matters included in the improvement notice—
(a)pursuant to article 13(1)(a); or
(b)pursuant to article 13(1)(b), if the failure is to comply with standards set under article 7(1) that the Registrar has made a condition of the entry of the registered premises in the Register pursuant to section 74D of the Medicines Act 1968,
the Registrar must instead refer the matter for consideration by the Fitness to Practise Committee under section 80(1)(c) or (1A) of the Medicines Act 1968(2) (grounds for disqualification in certain cases).”.
Commencement Information
I1Art. 23 not in force at made date, see art. 1(3)
I2Art. 23 in force at 24.5.2018 by S.I. 2018/512, art. 2(1)(b)
Section 74D was inserted by S.I. 2010/231.
Subsection (1) was substituted by S.I. 2010/231.