On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/09/2008.
PART IV
PHARMACIES
37.
—(1) It shall be the duty of the licensing authority to keep a register of pharmacies for the purposes of this section (referred to in this Part as the register) and, subject to the following provisions of this section, on payment of the prescribed fee to enter in the register any premises in respect of which an application is made under this section.
(2) Any application for the registration of premises under this section shall be made in the prescribed manner and shall specify the premises to which the application relates and shall contain such other particulars as may be prescribed.
(3) If it appears to the licensing authority that in a material respect the premises do not comply with the requirements of the regulations made under section 34 which are for the time being in force or that the applicant is not a suitable person to conduct a retail pharmacy business, he may refuse to register the premises.
(4) The applicant may appeal against the decision of the licensing authority to the Minister whose decision shall be final.
38.
—(1) Where any premises have been entered in the register, then, in respect of each year subsequent to the year in which the premises were so entered, a further fee (referred to in this section as a retention fee) of the prescribed amount shall be payable by the person carrying on a retail pharmacy business at those premises.
(2) If the person carrying on a retail pharmacy business at any premises entered in the register fails to pay a retention fee in respect of those premises within one month from the date on which the fee is payable, the licensing authority may remove the premises from the register; but if, before the end of the year in respect of which the retention fee is payable or such longer period as in any particular case the licensing authority may allow, the person carrying on the business pays to the licensing authority the retention fee in respect of that year, together with such additional sum (if any) by way of penalty as may be prescribed, the licensing authority may restore the premises to the register with effect from such date as he thinks fit.
(3) Where a change occurs in the ownership of a retail pharmacy business carried on at any premises registered under this Act, the registration of the premises shall become void at the end of 6 months from the date on which the change occurs.
(4) Where the registration of any premises under this Act in respect of a business becomes void by virtue of subsection (3), an application for the premises to be restored to the register may be made by the person who, in consequence of the change of ownership has become the owner of the business; and where such an application is made the licensing authority may restore the premises to the register.
(5) A certificate signed by the licensing authority and stating that, on a specified date, specified premises were, or were not, entered in the register shall be admissible in any proceedings as evidence that those premises were, or were not, entered in the register on that date.
39.
—(1) On and after the appointed day —
(a)
no person shall, in connection with the retail sale of any medicinal products or the supply of any medicinal products in circumstances corresponding to retail sale, use the description “pharmacy” or “dispensary” except in respect of a registered pharmacy or in respect of the pharmaceutical department of a hospital by or under the supervision of a pharmacist;
(b)
no person shall take or use the following titles, that is to say, chemist and druggist, druggist, dispensing chemist, dispensing druggist, pharmaceutical chemist, pharmaceutist and pharmacist, in connection with the retail sale of any medicinal products, or the supply of any medicinal products in circumstances corresponding to retail sale, at any premises unless those premises are a registered pharmacy or the pharmaceutical department of a hospital by or under the supervision of a pharmacist; and
(c)
no person shall, in connection with any premises used for the purpose of the sale of medicinal products, use any title, description or emblem likely to suggest —
(i)
that he possesses any qualification which he does not possess with respect to the sale, manufacture or assembly of medicinal products; or
(ii)
that any person employed in the premises possesses any such qualification which that person does not possess.
(2) Subsection (1) shall not apply to the use of the word “dispensary” by a doctor or veterinary surgeon in connection with the practice of his profession.
40. The Minister may by order modify any of the restrictions imposed by section 39.
41.
—(1) Where a person carries on a retail pharmacy business and that person is convicted of an offence under any relevant written law, the licensing authority may remove from the register all premises entered in the register as being premises at which that person carries on a retail pharmacy business.
(2) In this section “relevant written law” means this Act, the Poisons Act [Cap. 234], the Pharmacists Registration Act 2007, the Misuse of Drugs Act [Cap. 185], and any subsidiary legislation made thereunder.
42. Any person aggrieved by the decision of the licensing authority under section 41 may appeal to the Minister whose decision shall be final.
43. Any person who contravenes section 39 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.