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Poisons Act 1972

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9 Inspection and enforcement.E+W+S

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(4)An inspector appointed by the General Pharmaceutical Council under article 8(1) of the Pharmacy Order 2010 may at all reasonable times—

(a)enter any registered pharmacy to ascertain whether an offence under section 3A, 3B, 3C or 7(4) has been committed by a pharmacist or a person carrying on a retail pharmacy business;

(b)enter any suspicious premises to ascertain whether either of the following offences has been committed—

(i)an offence under section 3B, or

(ii)an offence under section 7(4) in relation to contravention of any regulations that relate solely to regulated poisons.

(4A)“Suspicious premises” are premises in which the inspector has reasonable cause to suspect that an offence mentioned in subsection (4)(b) has been committed.

(4B)An inspector appointed by the General Pharmaceutical Council under article 8(1) of the Pharmacy Order 2010 may also make such examination and inquiry and do such other things (including the taking, on payment, of samples) as may be necessary for ascertaining any of the things mentioned in subsection (4)(a) and (b).]

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)If a person—

(a)wilfully delays or obstructs an inspector in the exercise of any powers under this section, or

(b)refuses to allow any sample to be taken in accordance with the provisions of this section, or

(c)fails without reasonable excuse to give any information which he is duly required under this section to give,

he shall in respect of each offence be liable on summary conviction to a fine not exceeding [F4level 2 on the standard scale].

(9)Nothing in this section shall authorise any inspector to enter or inspect the premises, not being a shop, of a doctor, a dentist, a veterinary surgeon or a veterinary practitioner.

Textual Amendments

F2S. 9(4)-(4B) substituted for s. 9(4) (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 11(2); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p)

F3S. 9(5)-(7) omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 11(3); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p)

F4Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt.II

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