Statutory Instruments
2011 No. 2647
Health Care And Associated Professions
Pharmacy
The Medicines Act 1968 (Pharmacy) Order 2011
Made
3rd November 2011
Coming into force in accordance with article 1
The Secretary of State and the Minister for Health, Social Services and Public Safety, acting jointly, make the following Order in exercise of powers conferred by section 73(1)(a) and (2) of the Medicines Act 1968( 1 ), and now exercisable by them( 2 ).
In accordance with section 129(6) of that Act, they have consulted such organisations as appear to them to be representative of interests likely to be substantially affected by this Order.
A draft of this Order has been approved by resolution of each House of Parliament in accordance with section 73(5) of that Act.
Citation, commencement and interpretation
1. This Order may be cited as the Medicines Act 1968 (Pharmacy) Order 2011 and comes into force on the day after the day on which it is made.
2. In this Order, “the Act” means the Medicines Act 1968 .
Amendment of section 70 of the Act
3. In section 70 of the Act( 3 ) (business carried on by individual pharmacist or by partners)—
(a) in subsection (2), for “the requirements of subsections (4) and (5)” substitute “the requirement of subsection (4)”; and
(b) omit subsections (5) and (6).
Amendment of section 71 of the Act
4. In section 71 of the Act( 4 ) (business carried on by body corporate)—
(a) in subsection (2), for “the requirements of subsections (4) and (5)” substitute “the requirement of subsection (4)”; and
(b) omit subsections (5) and (5A).
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
27th October 2011
Edwin Poots
Minister for Health, Social Services and Public Safety
3rd November 2011
1968 c.67 ; section 73 was amended by paragraph 39 of Schedule 8 to S.I.2006/2407 . See section 1(1) of that Act for the definition of “the Ministers”, which is relevant to the powers being exercised.
In the case of the Secretary of State, by virtue of: article 2(1) of, and paragraph 1(1) of the Schedule to, S.I.1999/3142 , which transferred certain functions from the Secretaries of State respectively concerned with health in Scotland and in Wales to the Secretary of State concerned with health in England; and paragraph 2 of Schedule 8 to S.I.2006/2407 , which had the effect of transferring certain functions of the Secretary of State concerned with health in England to any one of Her Majesty’s Principal Secretaries of State (paragraph 2 of Schedule 8 to S.I.2006/2407 also removed “the Agriculture Ministers” from the definition of “the Ministers” in section 1(1) of the Medicines Act 1968). In the case of the Minister for Health, Social Services and Public Safety, by virtue of section 95(5) of, and paragraph 10 of Schedule 12 to, the Northern Ireland Act 1998 (c.47) . The Department for which the Minister is responsible was renamed by virtue of article 3(6) of S.I. 1999/283 (N.I.1.) .
Section 70 was substituted by section 28 of the Health Act 2006 (c.28) (as amended by S.I.2007/3101 ) and was amended by paragraph 1(3)(c) of Schedule 4 to S.I.2010/231 , which substituted subsections (5) and (6) of section 70 as substituted by section 28 of the Health Act 2006.
Section 71 was substituted by section 29 of the Health Act 2006 (c.28) and was amended by paragraph 1(4)(b) of Schedule 4 to S.I.2010/231 , which substituted subsections (5) and (5A) of section 71 as substituted by section 29 of the Health Act 2006.