The Medicines (Pharmacy and General Sale—Exemption) Amendment Order 2005

• Citation: S.I. 2005/766
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Medicines (Pharmacy and General Sale—Exemption) Amendment Order 2005 and shall come into force on 7 th April 2005.

(2) In this Order, “the principal Order” means the Medicines (Pharmacy and General Sale—Exemption) Order 1980 .

Section 2 Amendment of article 1 of the principal Order

In article 1 of the principal Order (citation, commencement and interpretation), in paragraph (2), in sub-paragraph (a)—

(a) after the definition of “independent medical agency” , insert the following definition—

“juvenile justice centre” means a juvenile justice centre established under the Criminal Justice (Children) Northern Ireland) Order 1998 ;

(b) after the definition of “Primary Care Trust” , insert the following definitions—

“prison” means a prison established under the Prison Act 1952 , the Prisons (Scotland) Act 1989 or the Prison Act (Northern Ireland) 1953 ;

“prison officer” means an officer of a prison, young offender institution, remand centre, juvenile justice centre, young offenders centre or secure training centre and includes a prisoner custody officer;

(c) after the definition of “prison service” , insert the following definitions—

“prisoner” means any person, aged sixteen years or more, for the time being detained in legal custody in a prison, young offenders institution, young offenders centre, remand centre, secure training centre or juvenile justice centre, as a result of a requirement imposed by a court or otherwise that he be so detained;

prisoner custody officer means—

as respects a prison situated in England or Wales, a person certified as such pursuant to section 89(1) of the Criminal Justice Act 1991 ,

as respects a prison situated in Scotland, a person certified as such pursuant to section114 of the Criminal Justice and Public Order Act 1994 ,

as respects a prison situated in Northern Ireland, a person certified as such pursuant to section 122 of the Criminal Justice and Public Order Act 1994, or

as respects a secure training centre situated in England or Wales, a person certified as such pursuant to section 12 of the Criminal Justice and Public Order Act 1994;

(d) in the definition of “relevant register” —

(i) in paragraph (a) omit “and”;

(ii) in paragraph (b), after “the Pharmacy (Northern Ireland) Order 1976 ;” 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 relating to—

(i) chiropodists and podiatrists;

(ii) physiotherapists; or

(iii) radiographers: diagnostic or therapeutic,

that register

(e) after the definition of “relevant register”, insert the following definition—

“remand centre” means a remand centre established under the Prison Act 195 2 or the Prisons (Scotland) Act 1989;

(f) after the definition of “Special Health Authority” , insert the following definition—

“secure training centre” means a secure training centre established under the Prison Act 1952;

(g) in the definition of “supplementary prescriber” —

(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 podiatrists;

(ii) physiotherapists; or

(iii) radiographers: diagnostic or therapeutic,

(iv) after “an annotation” insert “or entry”; and

(h) after the definition of “United Kingdom marketing authorisation” , insert the following definitions—

“young offender institution” means a young offender institution established under the Prison Act 1952 or the Prisons (Scotland) Act 1989;

“young offenders centre” means a young offenders centre established under the Treatment of Offenders Act (Northern Ireland) 1968 .

Section 3 Amendment of Schedule 1 to the principal Order

In Schedule 1 to the principal Order (exemptions for certain purposes from the provisions of sections 52 and 53 of the Medicines Act)—

(a) in Part I, in paragraph 2—

(i) in the entry in column 2, in paragraph (b)—

(aa) omit “Atrophine sulphate,”, “Bethanecol chloride”, and “Carbachol,”;

(bb) after “Cyclopentolate hydrochloride,” insert “Fusidic acid,”; and

(cc) omit “Homatrophine hydrobromide,”, “Hyoscine hydrobromide,”, “Naphazoline hydrochloride,”, “Naphazoline nitrate,”, “Neostigmine methylsulphate,”, “Physostigmine methylsulphate,”, “Physostigmine salicylate,”, “Physostigmine sulphate,”, “Pilocarpine hydrochloride,” and “Pilocarpine nitrate.”;

(ii) for the entry in column 3, substitute the following entry—

(2) The sale or supply shall be only (a) in the case of medicinal products on a general sale list and pharmacy medicines, in the course of their professional practice; (b) in the case of prescription only medicines, in the course of their professional practice and in an emergency.

(b) insert, at the end of Part II, the following paragraph—