Health Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Health Bill

Health Bill
Part 3 — Drugs, Medicines and Pharmacies
Chapter 2 — Medicines and pharmacies
22

(b)
the supply at those premises of such products in circumstances
corresponding to retail sale.
(3)
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,
5
(b)
the number of his registration under the Pharmacy Act 1954 or
(in relation to Northern Ireland) the Pharmacy (Northern
Ireland) Order 1976, and
(c)
the fact that he is for the time being in charge of the business at
those premises.
10
(4)
The responsible pharmacist must be—
(a)
the person carrying on the business, or
(b)
if the business is carried on by a partnership, one of the partners
or, in Scotland, one of the partners who is a pharmacist, or
(c)
another pharmacist.
15
(5)
In relation to premises in Great Britain that have been registered
pharmacies for less than three years, the responsible pharmacist may
not be a person who is a pharmacist by virtue of section 4A of the
Pharmacy Act 1954 (qualification by European diploma) or any
corresponding provision applying to Northern Ireland.”
20
(2)
In section 78 of the Medicines Act 1968 (c. 67) (restrictions on use of titles,
descriptions and emblems), in subsection (7), for the words from “under
whose” to the end substitute “who is in charge of the business at those premises
(so far as concerns the retail sale of medicinal products or the supply of such
products in circumstances corresponding to retail sale) is also a pharmacist”.
25
26
Control of pharmacy premises: bodies corporate
(1)
For section 71 of the Medicines Act 1968 (pharmacy business carried on by
body corporate) substitute—
“71
Business carried on by body corporate
(1)
The conditions referred to in section 69(1)(b) of this Act are—
30
(a)
that the retail pharmacy business, so far as concerns the
keeping, preparing and dispensing of medicinal products other
than medicinal products on a general sale list, is under the
management of a superintendent in respect of whom the
requirements specified in subsection (6) of this section are
35
fulfilled, and
(b)
that subsections (2) and (3) of this section are both satisfied as
respects each of the premises where the business is carried on
and medicinal products, other than medicinal products on a
general sale list, are sold by retail.
40
(2)
This subsection is satisfied if a responsible pharmacist who satisfies the
requirements of subsections (4) and (5) of this section is in charge of the
business at the premises mentioned in subsection (1)(b) of this section,
so far as concerns—
(a)
the retail sale at those premises of medicinal products (whether
45
they are on a general sale list or not), and

Health Bill
Part 3 — Drugs, Medicines and Pharmacies
Chapter 2 — Medicines and pharmacies
23

(b)
the supply at those premises of such products in circumstances
corresponding to retail sale.
(3)
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,
5
(b)
the number of his registration under the Pharmacy Act 1954 or
(in relation to Northern Ireland) the Pharmacy (Northern
Ireland) Order 1976, and
(c)
the fact that he is for the time being in charge of the business at
those premises.
10
(4)
The responsible pharmacist must be—
(a)
the superintendent mentioned in subsection (1)(a) of this
section, or
(b)
a manager or assistant subject to the directions of the
superintendent and who is a pharmacist.
15
(5)
In relation to premises in Great Britain that have been registered
pharmacies for less than three years, the responsible pharmacist may
not be a person who is a pharmacist by virtue of section 4A of the
Pharmacy Act 1954 (qualification by European diploma) or any
corresponding provision applying to Northern Ireland.
20
(6)
The requirements referred to in subsection (1)(a) of this section in
relation to a superintendent are that—
(a)
he is a pharmacist,
(b)
a statement in writing signed by him, and signed on behalf of
the body corporate, specifying his name and stating whether he
25
is a member of the board of that body or not, has been sent to
the registrar, and
(c)
he does not act in a similar capacity for any other body
corporate.”
(2)
In section 124 of the Medicines Act 1968 (c. 67) (offences by bodies corporate),
30
in subsection (2)(b), for “subsection (1)(a)” substitute “subsection (4)(b)”.
27
Control of pharmacy premises: representative of pharmacist in case of death
or disability
In section 72 of the Medicines Act 1968 (representative of pharmacist in case of
death or disability), for subsection (2) substitute—
35
“(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
40
as respects each of the premises at 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
the business at the premises mentioned in subsection (2)(b) of this
45
section, so far as concerns—

Health Bill
Part 3 — Drugs, Medicines and Pharmacies
Chapter 2 — Medicines and pharmacies
24

(a)
the retail sale at those premises of medicinal products (whether
they are on a general sale list or not), and
(b)
the supply at those premises of such products in circumstances
corresponding to retail sale.
(2B)
This subsection is satisfied if a notice is conspicuously displayed at
5
those premises stating—
(a)
the name of the responsible pharmacist for the time being,
(b)
the number of his registration under the Pharmacy Act 1954 or
(in relation to Northern Ireland) the Pharmacy (Northern
Ireland) Order 1976, and
10
(c)
the fact that he is for the time being in charge of the business at
those premises.”
28
The responsible pharmacist
(1)
After section 72 of the Medicines Act 1968 (c. 67) insert—
“72A
The responsible pharmacist
15
(1)
It is the duty of the responsible pharmacist mentioned in sections 70, 71
and 72 of this Act to secure the safe and effective running of the
pharmacy business at the premises in question so far as concerns—
(a)
the retail sale at those premises of medicinal products (whether
they are on a general sale list or not), and
20
(b)
the supply at those premises of such products in circumstances
corresponding to retail sale.
(2)
A person may not be the responsible pharmacist in respect of more than
one set of premises at the same time, except in circumstances specified
by the Health Ministers in regulations.
25
(3)
The responsible pharmacist must establish (if they are not already
established), maintain and keep under review procedures designed to
secure the safe and effective running of the business as mentioned in
subsection (1) of this section.
(4)
The responsible pharmacist must make a record (which must be
30
available at the premises) of—
(a)
who the responsible pharmacist is in relation to the premises on
any day and at any time, and
(b)
such other matters as the Health Ministers specify in
regulations.
35
(5)
It is the duty of the person carrying on the business to secure that—
(a)
the record is properly maintained, and
(b)
it is preserved for at least as long as is specified in regulations
made by the Health Ministers.
(6)
The Health Ministers may make further provision in regulations in
40
relation to the responsible pharmacist.
(7)
The regulations may, in particular, make further provision about the
matters mentioned in subsections (1) to (4) of this section, and make
provision about—

Health Bill
Part 3 — Drugs, Medicines and Pharmacies
Chapter 2 — Medicines and pharmacies
25

(a)
the qualifications and experience which a person must have if
he is to be a responsible pharmacist,
(b)
the responsible pharmacist’s absence from the premises,
(c)
the supervision by the responsible pharmacist, when he is not
present on the premises, of relevant activities there,
5
(d)
circumstances in which the responsible pharmacist may
supervise relevant activities at a pharmacy of which he is not
the responsible pharmacist,
(e)
the form in which the procedures referred to in subsection (3) of
this section are to be recorded and matters which must be
10
covered by them,
(f)
the form in which the record referred to in subsection (4) of this
section is to be kept and particulars which must be included in
it.
(8)
A person who does not have the qualifications and experience required
15
by regulations under subsection (7)(a) is not to be considered as a
responsible pharmacist for the purposes of sections 70 to 72 of this Act.
(9)
Subsection (10) applies if a person—
(a)
fails to comply with the requirements of subsection (2) or
regulations made under it,
20
(b)
fails to comply with any requirements as to absence from the
premises contained in regulations under subsection (7)(b).
(10)
If this subsection applies, the person in question is not to be considered
while the failure continues as being in charge of the business at the
premises in question (or in a subsection (9)(a) case at any of them) for
25
the purposes of sections 70 to 72 of this Act.
(11)
In subsection (7)(c) and (d), “relevant activities” means things
mentioned in section 10 and transactions mentioned in section 52(1)(c)
of this Act.”
(2)
In section 77 of the Medicines Act 1968 (c. 67) (annual return of premises to
30
registrar), omit paragraph (b) and the “and” immediately preceding it.
(3)
In section 84 of the Medicines Act 1968 (offences), before subsection (1) insert—
“(A1)
A person who fails to comply with either of the following shall be guilty
of an offence and liable on summary conviction to a fine not exceeding
level 3 on the standard scale—
35
(a)
subsection (4) of section 72A of this Act (which requires the
responsible pharmacist to make entries in the record),
(b)
subsection (5) of that section (which requires the keeping and
preservation of a record relating to the responsible
pharmacist).”
40
(4)
In section 108 of the Medicines Act 1968 (enforcement in England and Wales),
in subsection (2)—
(a)
after paragraph (a) insert—
“(aa)
the provisions of subsections (4) and (5) of section 72A
of this Act;”,
45
(b)
after “paragraphs (a)” insert “, (aa)”.

Health Bill
Part 4 — The National Health Service
Chapter 1 — Pharmaceutical services
26

(5)
In section 110 of the Medicines Act 1968 (c. 67) (enforcement in Northern
Ireland), in subsection (2), after “paragraphs (a)”, in both places, insert “, (aa)”.
29
Order-making powers
In section 129 of the Medicines Act 1968 (orders and regulations), in subsection
(5)—
5
(a)
after “power to make” insert “an order or”,
(b)
after “making the” insert “order or”.
30
Orders under s.60 of the Health Act 1999
In Schedule 3 to the Health Act 1999 (c. 8) (which makes further provision
about orders under section 60 of that Act regulating health care professions),
10
omit paragraph 2(2) (which imposes a limitation on amendment of the
Medicines Act 1968).
Part 4
The National Health Service
Chapter 1
15
Pharmaceutical services
31
Power to charge
(1)
After section 42 of the 1977 Act insert—
“42A
Power to charge: England
(1)
The Secretary of State may give directions to a Primary Care Trust
20
requiring it to charge a fee in cases or descriptions of case specified in
the directions to persons who make an application referred to in section
42(2)(c)(i) or (ii) to the Primary Care Trust.
(2)
The Secretary of State may in the directions—
(a)
specify the fee himself, or
25
(b)
require the Primary Care Trust to determine the amount of the
fee in accordance with any requirements set out in the
directions.
(3)
Before determining the amount of the fee-
(a)
in a subsection (2)(a) case, the Secretary of State must consult
30
such organisations as he thinks fit that appear to him to
represent persons providing pharmaceutical services and such
organisations as he thinks fit that appear to him to represent
Primary Care Trusts,
(b)
in a subsection (2)(b) case, the Primary Care Trust must
35
undertake any consultation required by the directions.
(4)
The Secretary of State must publish in such manner as he thinks fit any
directions he gives under this section.
(5)
In a subsection (2)(b) case, the Primary Care Trust must publish in such
manner as it thinks fit the fee which it determines.
40