Search Legislation

Medicines Act 1968

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Medicines Act 1968, Section 72 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

72 Representative of pharmacist in case of death or disability.U.K.

(1)The provisions of this section shall have effect where a pharmacist carries on a retail pharmacy business and—

(a)he dies, or

(b)he is adjudged bankrupt or enters into a composition or scheme or deed of arrangement with his creditors, or, in Scotland, sequestration of his estate is awarded or he makes a trust deed for behoof of his creditors or a composition contract, or

(c)[F1he becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to carry on the business], or, in Scotland, a [F2guardian] or judicial factor is appointed for him on the ground that he suffers from mental disorder, or, in Northern Ireland, [F3a controller is appointed in his case under the Mental Health (Northern Ireland) Order 1986],

and a representative of his thereafter carries on his business.

[F4(1A)In subsection (1)(c), the reference to a person who lacks capacity to carry on the business is to a person—

(a)in respect of whom there is a donee of an enduring power of attorney or lasting power of attorney (within the meaning of the Mental Capacity Act 2005), or

(b)for whom a deputy is appointed by the Court of Protection,

and in relation to whom the donee or deputy has power for the purposes of this Act.]

[F5(2)The conditions referred to in section 69(1)(c) of this Act are—

(a)that the name and address of the representative, and the name of the pharmacist whose representative he is, have been notified to the registrar, and

(b)that subsections (2A) and (2B) of this section are both satisfied as respects each of the premises at [F6or from] which the business is carried on and medicinal products, other than medicinal products on a general sale list, are sold by retail.

(2A)This subsection is satisfied if a responsible pharmacist is in charge of [F7the business carried on at or from] the premises mentioned in subsection (2)(b) of this section, so far as concerns—

(a)the retail sale at [F8or from] those premises of medicinal products (whether they are on a general sale list or not), and

(b)the supply at [F9or from] those premises of such products in circumstances corresponding to retail sale.

(2B)This subsection is satisfied if a notice is conspicuously displayed at those premises stating—

(a)the name of the responsible pharmacist for the time being,

(b)[F10the number of his registration under Part 4 of the Pharmacy Order 2010 or, in relation to Northern Ireland, under the Pharmacy (Northern Ireland) Order 1976, and]

(c)the fact that he is for the time being in charge of [F11the business carried on at or from] those premises.]

(3)The period referred to in section 69(1)(c) of this Act—

(a)in the case of the death of a pharmacist, is a period of five years from the date of his death;

(b)in the case of the bankruptcy or sequestration of the estate of a pharmacist, is a period of three years from the date on which he is adjudged bankrupt or the date of the award of sequestration, as the case may be;

(c)in the case of a composition or scheme or deed of arrangement, or of a trust deed or composition contract, is a period of three years from the date on which the trustee appointed thereunder becomes entitled to carry on the business; and

(d)in a case falling within subsection (1)(c) of this section, is a period of three years from the date of the appointment of the [F12deputy], [F13curator bonis,] judicial factor, committee or guardian [F14or from the date of registration of the instrument appointing the donee],

or, in any such case, is such longer period as, on the application of the representative, [F15the relevant disciplinary committee], having regard to all the circumstances of the case, may direct.

(4)In this section “representative”—

(a)in relation to a pharmacist who has died, means his executor or administrator and, in respect of a period of three months from the date of his death, if he has died leaving no executor who is entitled and willing to carry on the business, includes any person beneficially interested in his estate;

(b)in a case falling within paragraph (b) of subsection (1) of this section, means the trustee in bankruptcy or the trustee in the sequestration or any trustee appointed under the composition scheme, deed of arrangement, trust deed or composition contract; and

(c)in a case falling within paragraph (c) of that subsection, means the [F16donee, deputy], [F13curator bonis,] judicial factor, [F17controller] or guardian [F18; and in paragraph (b) above the reference to a trustee appointed under a composition, scheme or deed of arrangement includes a reference to the supervisor of a [F19voluntary arrangement proposed for the purposes of, and approved under, Part VIII of the Insolvency Act 1986] [F20or Chapter II of Part VIII of the Insolvency (Northern Ireland) Order 1989].]

Textual Amendments

F1Words in s. 72(1)(c) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 14(a) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F2Words in s. 72(1) substituted (S.) (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 12(a); S.S.I. 2001/81, art. 3, Sch. 2

F3Words in s. 72(1)(c) substituted (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 10(a) (with Sch. 32)

F5S. 72(2)-(2B) substituted for s. 72(2) (1.10.2009) by Health Act 2006 (c. 28), ss. 29, 83(7); S.I. 2008/2714, art. 2(a)

F13Words in s. 72(3)(d)(4)(c) repealed (S.) (1.4.2002) by 2000 asp 4, s. 88(2)(3), Sch. 5 para. 12(b), Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2

F15Words in s. 72(3) substituted (coming into force in accordance with art. 1(2)(3)) by Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), art. 1(2)(3), Sch. 1 para. 2(9)(b)

F16Words in s. 72(4)(c) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 14(d) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F20Words in s. 72(4) added (N.I.) (1.10.1991) by S.I. 1989/2405 (N.I. 19), art. 381, Sch. 9 Pt. II para. 24; S.R. 1991/411, art. 2

Modifications etc. (not altering text)

C1S. 72(3) amendments continued (11.2.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(2)(c), Sch. 6 para. 1(2)(a)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources