Statutory Instruments
2005 No. 764
MEDICINES
The Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 2005
Made
16th March 2005
Laid before Parliament
17th March 2005
Coming into force
7th April 2005
As respects England, Scotland and Wales, the Secretary of State, and, as respects Northern Ireland, the Department of Health, Social Services and Public Safety and the Department of Agriculture and Rural Development, acting jointly, in exercise of the powers conferred on them by sections 53(4), 61, 66(1) and 129(1) and (5) of the Medicines Act 1968( 1 ) or, as the case may be, the powers conferred by those provisions and now vested in them( 2 ), and of all other powers enabling them in that behalf, after consulting such organisations as appear to them to be representative of interests likely to be substantially affected by these Regulations, pursuant to section 129(6) of that Act, and after taking into account the advice of the Committee on Safety of Medicines and the Medicines Commission pursuant to section 129(7) of that Act, hereby make the following Regulations:—
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 2005 and shall come into force on 7 th April 2005.
(2) In these Regulations, “the principal Regulations” means the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 ( 3 ).
Amendment of regulation 1 of the principal Regulations
2. In regulation 1 of the principal Regulations (citation, commencement and interpretation), in paragraph (2), in sub-paragraph (a)—
(a) in the definition of “relevant register”( 4 )—
(i) in paragraph (a), omit “and”;
(ii) in paragraph (b), after “the Pharmacy (Northern Ireland) Order 1976( 5 );” insert “and”; and
(iii) after paragraph (b), insert—
“ (c) in relation to a person whose name is registered in the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 ( 6 ) relating to—
(i) chiropodists and podiatrists;
(ii) physiotherapists; or
(iii) radiographers: diagnostic or therapeutic,
that register ” ;
(b) in the definition of “supplementary prescriber”( 7 )—
(i) in paragraph (b), omit “or”;
(ii) in paragraph (c), after “a registered midwife;”, insert “or”;
(iii) after paragraph (c), insert—
“ (d) a person whose name is registered in the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to—
(i) chiropodists and podiatrist;
(ii) physiotherapists; or
(iii) radiographers: diagnostic or therapeutic, or, ” and
(iv) after “an annotation” insert “or entry”.
Amendment of regulation 5 of the principal Regulations
3. In regulation 5 of the principal Regulations (restrictions on persons to be supplied with certain medicinal products), in paragraph (2), in sub-paragraph (c), omit “eye ointment containing Oxyphenbutazone and”; “Framycetin sulphate”, and “Thymoxamine hydrochloride”.
Amendment of regulation 8 of the principal Regulations
4. In regulation 8 of the principal Regulations (pack size on retail sale or supply of certain medicinal products on a general sale list), in paragraph (2A)( 8 ), for “20 tablets” substitute “50 tablets”.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
16th March 2005
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
Deirdre Kenny
A Senior Officer of the
Department of Health, Social Services and Public Safety
15th March 2005
Sealed with the Official Seal of the Department of Agriculture and Rural Development
Gerald Lavery
A Senior Officer of the
Department of Agriculture and Rural Development
15th March 2005
1968 c. 67 ; the expression “the appropriate Ministers” and the expression “the Ministers”, which are relevant to the powers being exercised in the making of these Regulations, are defined in section 1 of that Act as amended by article 2(2) of, and Schedule 1 to, S.I. 1969/388 , by articles 2(1) and 5 of, and the Schedule to, S.I. 1999/3142 , and by article 5(1) of, and paragraph 15 of Schedule 1 to, S.I. 2002/794 .
In the case of the Secretary of State, by virtue of article 2(2) of, and Schedule 1 to, S.I. 1969/388 , articles 2(1) of, and paragraph 1 of the Schedule to, S.I. 1999/3142 , and articles 3(1)(c) and (7) of, and paragraph 15 of Schedule 1 to, S.I. 2002/794 ; in the case of the Northern Ireland Departments, the powers vested in the Ministers in charge of those Departments by virtue of section 95(5) of, and paragraph 10 of Schedule 12 to, the Northern Ireland Act 1998 (c. 47) may now be exercised by the Departments by virtue of section 1(8) of, and paragraph 4(1)(b) of the Schedule to, the Northern Ireland Act 2000 (c. 1) ; the Departments were renamed by virtue of article 3(4) and (6) of S.I. 1999/283 (N.I.1) .
S.I. 1980/1923 ; relevant amending instruments are S.I. 1982/28 , 1990/1124 , 1994/2411 , 1995/3215 , 1997/2045 , 1999/644 and 2510 , 2000/1070 , 1918 and 2494 , 2001/3849 and 2003/698 .
The definition of “relevant register” was inserted by S.I. 2003/698 and amended by S.I. 2004/1771 .
S.I. 1976/1213 (N.I. 22) .
S.I. 2002/254 .
The definition of “supplementary prescriber” was inserted by S.I. 2003/698 .
Paragraph 2A was inserted by S.I. 1990/1124 and amended by S.I. 2000/2494 .