Part IV

Pharmacies

Registration of pharmacies
74H
1
Subject to subsection (2), where a change occurs in the ownership of a retail pharmacy business carried on at
or from
premises entered in Part 3 of the register under section 74A, the entry of the premises in the register ceases to be valid at the end of the relevant period unless the registrar is notified in writing of the change prior to the end of the relevant period by the person who, as a result of the change, will be the person carrying on the business at
or from
the premises.
2
Subsection (1) only applies if the relevant period is shorter than the period for which the entry would otherwise have remained valid under section 74A.
3
Where, before the end of the relevant period, the registrar is notified of a change in the ownership of a retail pharmacy business carried on at
or from
premises entered in Part 3 of the register, the registrar must, on receipt of a fee of the amount prescribed in rules under article 36(1)(c) of the Pharmacy Order 2010, amend the entry relating to the premises in Part 3 of the Register to record the name and address of the person who, as a result of the change, will be the person carrying on the retail pharmacy business at
or from
the premises.
4
For the purposes of subsections (1) to (3), the relevant period—
a
if the change occurs on the death of the person carrying on the business or, in the case of a partnership, on the death of one of the partners, means the period of three months beginning with the date of death; and
b
in any other case, means the period of 28 days beginning with the date on which the change occurred.
5
If the entry of premises entered in Part 3 of the register under section 74A ceases to be valid under this section, the premises are to be treated for all purposes as no longer being entered in the register and accordingly the registrar must remove the entry from the register.
6
The registrar must restore the entry of the premises to Part 3 of the register if—
a
an application for restoration is made to the registrar in accordance with section 74I(1) and with rules made under section 74I(3);
b
a fee of an amount prescribed in rules under article 36(1)(b) of the Pharmacy Order 2010 (fees in connection with entry) is paid; and
c
the registrar is satisfied that the standards that are
provided for in rules made
set
under article 7(1) of the Pharmacy Order 2010 are met in connection with the carrying on of a retail pharmacy business at
or from
the premises.
7
Subject to subsection (8), an entry restored to the register under subsection (6)—
a
is still to be treated as having been entered in Part 3 of the register under section 74A;
b
is subject to the same conditions as those to which the entry was subject immediately before it was removed from Part 3 of the register by virtue of subsection (5);
c
is valid for the same period as the period for which the entry would have been valid under section 74A had it not been removed from Part 3 of the register by virtue of subsection (5) of this section.
8
Where an entry of premises in Part 3 of the register is restored by the registrar under subsection (6) and the applicant is a person falling within section 74I(2)(b), the registrar may—
a
on restoring the entry of the premises to the register, make that entry subject to a condition that the applicant for restoration will be a person lawfully conducting a retail pharmacy business within such period as the registrar reasonably determines beginning with the date on which the entry is restored; and
b
subsequently remove the entry of the premises from Part 3 of the register if the applicant is not a person lawfully conducting a retail pharmacy business within the period determined by the registrar in accordance with paragraph (a).
9
Where under subsection (8)(b) the registrar removes an entry of premises from Part 3 of the register, the registrar must give to the person who was carrying on a retail pharmacy business at
or from
the premises immediately prior to the removal written notice of the removal and the reasons for it.
10
The notice under subsection (9) must be sent—
a
where the retail pharmacy business is carried on by an individual, to that individual at that individual’s home address in the register;
b
where the retail pharmacy business is carried on by a partnership, to the principal office of that partnership;
c
where the retail pharmacy business is carried on by a body corporate, to the registered or principal office of that body corporate.
Pt. IV: Power to amend conferred (N.I.) (2.4.2001) by 2001 c. 3 (N.I.), s. 60, Sch. 4 para. 2(2); S.R. 2001/128, art. 2(4), Sch.
Pt. IV amendment to earlier affecting provision SI 1994/3144 reg. 9 (30.10.2005) by Medicines (Marketing Authorisations Etc.) Amendment Regulations 2005 (S.I. 2005/2759), regs. 1(a), 2(12)
Pt. IV modified (E.W.S.) (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. 2 para. 13(7)
Ss. 74A-74L inserted (10.2.2010 for specified purposes, 27.9.2010 in so far as not already in force) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(3), Sch. 4 para. 1(8) (with Sch. 5 para. 10); S.I. 2010/1621, art. 2(1), Sch.
Pt. IV (except ss. 80-83): Power to amend conferred (15.3.2000) by 1999 c. 8, ss. 60(1)(2)(4), 67(1), Sch. 3 para. 2(3)(b); S.I. 2000/779, art. 2
Word in s. 74H(6)(c) substituted (24.5.2018 for E.W.S.) by The Pharmacy (Premises Standards, Information Obligations, etc.) Order 2016 (S.I. 2016/372), arts. 1(3), 7; S.I. 2018/512, art. 2(1)(a)(i)(2)
Words in s. 74H(1) inserted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), art. 1(3), Sch. 2 para. 14(a)(i); S.I. 2022/1023, art. 2
Words in s. 74H(1) inserted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), art. 1(3), Sch. 2 para. 14(a)(ii); S.I. 2022/1023, art. 2
Words in s. 74H(6)(c) inserted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), art. 1(3), Sch. 2 para. 14(b); S.I. 2022/1023, art. 2
Words in s. 74H(9) inserted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), art. 1(3), Sch. 2 para. 14(c); S.I. 2022/1023, art. 2
Words in s. 74H(3) inserted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), art. 1(3), Sch. 2 para. 14(a)(i); S.I. 2022/1023, art. 2
Words in s. 74H(3) inserted (1.12.2022) by The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (S.I. 2022/849), art. 1(3), Sch. 2 para. 14(a)(ii); S.I. 2022/1023, art. 2