Pharmacy Act, 1974 (Act No. 53 of 1974)NoticesGuidance for the issuing of Licences for Pharmacy Premises2. Definitions |
In this guidance document any word or expression defined in the Act and not defined herein bears the same meaning as in the Act or the Regulations published in terms of the Act unless the "Change context otherwise indicates;
"Changeof ownership"
means any change in the owner of a pharmacy whether a natural person or body corporate and includes a change in the directors of a company or the members of a close corporation;
"District"
means a district municipality as defined in the Municipal Structures Act, 1098 (Act No 117 of 1998) as a municipality that has municipal executive and legislative authority in an area that includes more than one municipality, and which is described in Section 155(1) of the Constitution as a category C municipality;
"Large shopping centre"
means a shopping centre that contains 50 or more retail establishments and has customer parking facilities;
"Metropolitan municipality"
means a municipality as defined in the Municipal Structures Act, 1998 (Act No. 117 of 1998) that has exclusive executive and legislative authority in its area, and which is described in section 155(1) of the Constitution as a category A municipality;
"Place"
means a city, town or area in a metropolitan municipality used by Statistics South Africa (Stets SA) to provide population statistics;
"Regulations"
means the Regulations relating to the ownership and licensing of pharmacies published in terms of the Act;
"Retail establishment"
means premises in a shopping centre occupied by or likely to be occupied by a shop where goods, food or beverages are sold, a bar, café, restaurant or takeaway, or a business that provides services to customers, but excludes:
| (a) | commercial office space; |
| (b) | a car wash or car parking facilities; |
| (c) | a library; |
| (d) | a school; preschool; child care centre or child minding facility, unless the centre or facility is regularly available for use by customers of the shopping centre while the customers are at the shopping centre; |
| (e) | a storeroom or storage area; |
| (f) | a temporary selling point; or |
| (g) | an automatic teller machine or automatic dispensing machine; |
"Rural sub-district"
means a sub-district where the population is less than 80 people per km2;
"Shopping centre"
means a group of retail establishments that is under single management and occupies a gross leasable area (excluding the parking facilities) of at least 5 000m2;
"Single management"
for a shopping centre means management of the centre as a whole by one or more managers working cooperatively under an agreement to encourage the use of the centre as a single integrated facility and including management of security, pedestrian and vehicular access, cleaning, signage, trading hours, marketing, and maintenance of buildings, common areas and utilities;
"Small shopping centre"
means a shopping centre that contains at least 15 but less than 50 retail establishments and has customer parking facilities; and
"Sub-district"
means a local municipality as defined in the Municipal Structures Act, 1898 (Act No. 117 of 1998) as a municipality that shares municipal executive and legislative authority in its area with a district municipality within whose area it falls, and which is described in section 155(1) of the Constitution as a category B municipality.