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Medicines Act 1968
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Medicines Act 1968, Section 64 is up to date with all changes known to be in force on or before 30 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 69(1A)(1B) added (prosp.) by 1997 c. 19 s. 1 Sch. para. 5(b)
- s. 84B inserted by S.I. 2016/372 art. 12
64 Protection of purchasers of medicinal products. U.K.
(1)No person shall, to the prejudice of the purchaser, sell any medicinal product which is not of the nature or quality demanded by the purchaser.
(2)For the purposes of this section the sale of a medicinal product shall not be taken to be otherwise than to the prejudice of the purchaser by reason only that the purchaser buys the product for the purpose of analysis or examination.
(3)Subsection (1) of this section shall not be taken to be contravened by reason only that a medicinal product contains some extraneous matter, if it is proved that the presence of that matter was an inevitable consequence of the process of manufacture of the product.
(4)Subsection (1) of this section shall not be taken to be contravened by reason only that a substance has been added to, or abstracted from, the medicinal product, if it is proved that—
(a)the addition or abstraction was not carried out fraudulently, and did not injuriously affect the composition of the product, and
(b)the product was sold having attached to it, or to a container or package in which it was sold, a conspicuous notice of adequate size and legibly printed, specifying the substance added or abstracted.
(5)Where a medicinal product is sold or supplied in pursuance of a prescription given by [F1an appropriate practitioner], the preceding provisions of this section shall have effect as if—
(a)in those provisions any reference to sale included a reference to supply and (except as provided by the following paragraph) any reference to the purchaser included a reference to the person (if any) for whom the product was prescribed by the practitioner, and
(b)in subsection (1) of this section, for the words “demanded by the purchaser", there were substituted the words “specified in the prescription".
Textual Amendments
F1Words in s. 64(5) substituted (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 8 (with Sch. 32)
Modifications etc. (not altering text)
C1 Ss. 63–65 extended by S.I. 1984/187 , art. 2
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