33
Conditions to be
fulfilled by body
corporate
in order to become authorised seller of
poisons.
23 & 24
Geo. 5,
c. 25, s. 9.
11. (1) Subject to the provisions of this section, a body corporate carrying on a business which comprises the retail sale of drugs shall be an authorised seller of poisons within the meaning of this Ordinance if the following conditions are complied with—
(a) the business must, so far as concerns the keeping, retailing, dispensing and compounding of poisons, be under the management of a superintendent in relation to whom the following requirements are fulfilled :--
(i) he must be a registered pharmacist;
(ii) a statement in writing signed by him and on behalf of the body corporate stating his name and specifying whether or not he is a member of the board must have been sent to the registrar;
(iii) he must not be acting at the time in a similar capacity for any other body corporate; and
(b) in each set of premises where the business is carried on, the business must, so far as concerns the retail sale of drugs, if not under the personal control of the superintendent, be carried on, subject to the directions of the superintendent, under the personal control of a manager or assistant who is a registered pharmacist; and
(c) the name and certificate of registration of the person having the control of the business as aforesaid, whether he is the superintendent or some other person, must be con- spicuously exhibited in the premises.
(2) Notwithstanding the restrictions imposed by the foregoing provisions of this Ordinance on the use of certain titles, emblems and descriptions, a body corporate which is an authorised seller of poisons may, if the superintendent is a member of the board, use the description of " chemist and druggist or of chemist, or of druggist, or of dispensing chemist or dispensing druggist, and may use the description
pharmacy in connection with the business :
W
35
}
37
Provided that nothing in this sub-section shall authorise the use of any of the said descriptions in or on any premises which are for the time being disqualified by virtue of a direction under this section from being registered in the register of premises, or in connection with any business so far as it is carried on in any premises so disqualified.
(3) If-
(a) a body corporate which is an authorised seller of poisons has been convicted of an offence under this Ordin- ance; or
(b) any member of the board or any officer of that body, or any person employed by that body in carrying on the business, has been convicted of any such criminal offence, or been guilty of any such misconduct as, in the opinion of the Governor in Council renders him, or would if he were a registered pharmacist render him, unfit to be on the register:
the Governor in Council may inquire into the case and may, subject to the provisions of this Ordinance, direct-
(i) that the body corporate shall cease to be an authorised seller of poisons, and be disqualified, for such period as may be specified in the direction, from being an authorised seller of poisons; or
7
(ii) that any or all of the premises of the body corporate shall be removed from the register of premises and be dis- qualified, for such period as may be specified in the direction, from being registered therein.
(4) If the Governor in Council thinks fit in any case so
to do, he may, either on his own motion or on the application of the body corporate concerned, direct that any disqualifica- tion imposed under this section shall cease.
of phar-
tives in
12. (1) Subject to the provisions of this section, if a Continuation registered pharmacist who is an authorised seller of poisons of business dies or becomes of unsound mind or is adjudged bankrupt or macist by enters into any arrangement with his creditors, any repre- representa- sentatives who thereafter carry on his business in accordance case of with the conditions hereinafter specified and are persons in death, etc. relation to whom the requirements of this section are satisfied 23 & 24 shall, for the purposes of that business and during the period. 25, s. 10. specified in sub-section (4) of this section, be authorised sellers of poisons within the meaning of this Ordinance and be entitled to use in conjunction with the business name of the pharmacist, such titles, emblems and descriptions as might have been used by the pharmacist.
(2) The conditions referred to in sub-section (1) of this section are as follows:
(a) in each set of premises where the business is carried on, the business, so far as concerns the retail sale of drugs, must be under the personal control of a registered phar- macist; and
(b) the name and certificate of registration of the person having the control of the business as aforesaid must be con- spicuously exhibited in the premises.
(3) The requirements to be satisfied under sub-section (1) of this section in relation to the representatives are that their names and addresses must be registered with the registrar, together with a statement of the name of the pharmacist whose representatives they are.
(4) The period referred to in sub-section (1) of this section shall be-
(a) in the case of the death of a pharmacist, a period of five years from the date thereof;
(b) in the case of the unsoundness of mind or bank- ruptcy of a pharmacist, a period of three years from the date when he became of unsound mind or was adjudged bankrupt;
(c) in the case of an arrangement with the creditors of
a pharmacist, a period of three years from the date when the representatives became entitled thereunder to carry on his business;
or such longer period as, on the application of the repre- sentatives, the Governor in Council may, having regard to all the circumstances of the case, think fit to direct.
(5) If a representative or a person employed by the representatives in the carrying on of the business has been convicted of any such criminal offence, or been guilty of any such misconduct, as in the opinion of the Governor in Council renders him, or would if he were a registered phar-
Geo. 5,
34