PHARMACY LICENCE (TRANSFER) REGULATIONS (transfer)

PHARMACY LICENCE (TRANSFER)

SUBSIDIARY LEGISLATION 458.58

PHARMACY LICENCE (TRANSFER)

REGULATIONS

16th December, 2014

LEGAL NOTICE 463 of 2014.

The title of these regulations is the Pharmacy Licence

(Transfer) Regulations, 2014.

For the purpose of these regulations -

"the Act" means the Medicines Act;

"Licensing Authority" means the Superintendent of Public

Health in terms of article 3(1) of the Act;

"locality" shall have the same meaning as that assigned to it

under the Pharmacy Licence Regulations;

"transfer of pharmacy licence" means the relocation of pharmacy

premises from one place within a locality to another place within

the same locality and which premises shall be named as the

licensed premises from where such pharmacy may operate.

Any person who proves to the satisfaction of the Licensing

Authority that a request for the transfer of a pharmacy licence to his

or her premises was made and refused after the 6th July 1984 and

before the 5th October 2007 and that such licence has been

automatically revoked in such a manner and under such conditions

und er w hich th e transfer w oul d h ave b een all owed had th e

Pharmacy Licensing Regulations as in force on the 1st July 2014

been in force at the time when the transfer was requested, shall be

entitled to apply for the grant of a licence to the Licensing

Authority within sixty days from the date of coming into force of

these regulations.

(1) After receiving an application made in terms of

regulation 3, the Licensing Authority may, after granting the

applicant the right to make representations on such matters as it

may seek to clarify, and after being satisfied that the said person

fulfils the requirements of these regulations, proceed to approve

such request for the grant of a pharmacy licence as from the date of

the said approval and under such terms, conditions and limitations

as it deems appropriate in the exercise of the powers conferred

under article 71 of the Act.

(2) The Licensing Authority shall be entitled to authorise the

issue of a pharmacy licence under these regulations

notwithstanding that the licence which the applicant refers to has

lapsed or had been cancelled for any reason other than as a result of

the violation of any law.

(3) The issue of a pharmacy licence under these regulations

may be made notwithstanding the provisions of regulations 4 and 6

of the Pharmacy License Regulations.

(4)

The issue of a pharmacy licence under these regulations

PHARMACY LICENCE (TRANSFER)

may be made subject to a condition that any claim of whatever

nature arising out of or related to the original application for

transfer or any claimed right to operate a pharmacy from any

premises be withdrawn and renounced by the applicant

unconditionally.