The Medicines for Human Use (Administration and Sale or Supply) (Miscellaneous Amendments) Order 2007

• Citation: S.I. 2007/2178
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Medicines for Human Use (Administration and Sale or Supply) (Miscellaneous Amendments) Order 2007 and shall come into force on 1st September 2007.

(2) In this Order—

“the POM Order ” means the Prescription Only Medicines (Human Use) Order 1997 ; and

“the Pharmacy and General Sale Order ” means the Medicines (Pharmacy and General Sale—Exemption) Order 1980 .

Section 2 Amendment of article 1 of the POM Order

(1) Article 1 of the POM Order (citation, commencement and interpretation) is amended as follows.

(2) In paragraph (2)—

(a) in the definition of “independent clinic”—

(i) in paragraph (b), for “2001;” substitute “2001, and”, and

(ii) after paragraph (b) insert—

(c) in relation to Northern Ireland, has the meaning given by article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 ;

(b) in the definition of “independent hospital”—

(i) in paragraph (b), for “2001;” substitute “2001, and”, and

(ii) after paragraph (b) insert—

(c) in relation to Northern Ireland, has the meaning given by article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

(c) in the definition of “independent medical agency”—

(i) in paragraph (b), for “2001;” substitute “2001, and”, and

(ii) after paragraph (b) insert—

(c) in relation to Northern Ireland, has the meaning given by article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

(d) in the definition of “nursing home”, for the words from “article 16” to the end of the paragraph substitute “article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003”;

(e) in the definition of “Patient Group Direction”—

(i) in paragraph (a)—

(aa) after “with the” insert “sale or”, and

(bb) for “supply and administration” substitute “sale or supply, and administration,”, and

(ii) in sub-paragraph (ii), after “relates to” insert “sale or”;

(f) in the definition of “registered provider”—

(i) in paragraph (a), after sub-paragraph (ii) insert—

(iii) in relation to Northern Ireland, the person registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the person carrying on the establishment or agency, and

(ii) for paragraph (b), substitute—

(b) in relation to a nursing home, the person registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the person carrying on the establishment;

(g) in the definition of “relevant manager”—

(i) in paragraph (a), after sub-paragraph (ii) insert—

(iii) in relation to Northern Ireland—

(aa) a person who is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the manager of the establishment or agency, but who is not the registered provider for that establishment or agency, or

(bb) if there is no such person, but the registered provider has appointed a person to manage the establishment or agency, that appointed person, and

(ii) for paragraph (b), substitute—

(b) in relation to a nursing home—

(i) a person who is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the manager of the establishment or agency, but who is not the registered provider for that establishment or agency, or

(ii) if there is no such person, but the registered provider has appointed a person to manage the establishment or agency, that appointed person;

(3) In paragraph (8)—

(a) after “arrangement for the” insert “sale,”; and

(b) after “such” insert “sale,”.

Section 3 Amendment of article 12C of the POM Order

In article 12C of the POM Order (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a patient group direction)—

(a) in paragraph (1)—

(i) after “apply to the” insert “sale or”,

(ii) for sub-paragraph (a) substitute the following paragraph—

(a) the medicine—

(i) is supplied, or as the case may be, is administered by such a person pursuant to an arrangement made with—

(aa) a body referred to in article 12A(a) to (d),

(bb) a force or service referred to in article 12E(1)(a)(i) to (iii), or

(cc) Her Majesty’s Forces,

for the supply or, as the case may be, the administration of prescription only medicines; or

(ii) is sold or supplied or, as the case may be, is administered by such a person pursuant to an arrangement made with an authority or person carrying on the business of an establishment or agency referred to in article 12D(1) for the sale or supply or, as the case may be, the administration of prescription only medicines;

(iii) in sub-paragraph (b), after “medicine is” insert “sold or”; and

(b) in paragraph (2)—

(i) in sub-paragraph (a)—

(aa) after “relates to the” insert “sale or”,

(bb) after “who” insert “sells or”, and

(cc) after “medicine is” insert “sold or”, and

(ii) in sub-paragraph (d), after “medicine is” insert “sold or”.

Section 4 Amendment of article 12D of the POM Order

In article 12D of the POM Order (exemption for the supply and administration of prescription only medicines in independent hospitals, clinics and agencies)—

(a) in paragraph (1)—

(i) after “apply to the” insert “sale or”,

(ii) for sub-paragraphs (a) and (b) substitute—

(a) an independent hospital,

(b) an independent clinic,

(c) an independent medical agency, or

(d) in Northern Ireland, a nursing home,

(iii) after “medicine is” insert “sold or”; and

(b) in paragraph (2)—

(i) in sub-paragraph (a)—

(aa) after “relates to the” insert “sale or”,

(bb) after “who” insert “sells or”, and

(cc) after “medicine is” insert “sold or”,

(ii) in sub-paragraph (d)—

(aa) after “the individual who” insert “sells or” and

(bb) after “purpose of the” insert “sale or”, and

(iii) in sub-paragraph (e), after “medicine is” insert “sold or”.

Section 5 Amendment of Schedule 7 to the POM Order

In Schedule 7 to the POM Order, in Part 1 (particulars to be included in a patient group direction), in paragraph (c), after “may be” insert “sold or”.

Section 6 Amendment of article 1 of the Pharmacy and General Sale Order

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

(a) in the definition of “independent clinic”—

(i) in paragraph (b), for “2001;” substitute “2001, and”, and

(ii) after paragraph (b), insert—

(c) in relation to Northern Ireland, has the meaning given by article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

(b) in the definition of “independent hospital”—

(i) in paragraph (b), for “2001;” substitute “2001, and”, and

(ii) after paragraph (b) insert—

(c) in relation to Northern Ireland, has the meaning given by article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

(c) in the definition of “independent medical agency”—

(i) in paragraph (b), for “2001;” substitute “2001, and”, and

(ii) after paragraph (b) insert—

(c) in relation to Northern Ireland, has the meaning given by article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

(d) in the definition of “nursing home”, for the words from “article 16” to the end of the paragraph substitute “article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003”;

(e) in the definition of “Patient Group Direction”—

(i) for “supply and administration” substitute “sale or supply, and administration,”, and

(ii) in paragraph (b), after “relates to” insert “sale or”;

(f) in the definition of “registered provider”—

(i) in paragraph (a), after sub-paragraph (ii) insert—

(iii) in relation to Northern Ireland, the person registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the person carrying on the establishment or agency, and

(ii) for paragraph (b), substitute—

(b) in relation to a nursing home, the person registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the person carrying on the establishment;

(g) in the definition of “relevant manager”—

(i) in paragraph (a), after sub-paragraph (ii) insert—

(iii) in relation to Northern Ireland—

(aa) a person who is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the manager of the establishment or agency, but who is not the registered provider for that establishment or agency, or

(bb) if there is no such person, but the registered provider has appointed a person to manage the establishment or agency, that appointed person, and

(ii) for paragraph (b), substitute—

(b) in relation to a nursing home—

(i) a person who is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the manager of the establishment or agency, but who is not the registered provider for that establishment or agency, or

(ii) if there is no such person, but the registered provider has appointed a person to manage the establishment or agency, that appointed person;

Section 7 Amendment of article 4C of the Pharmacy and General Sale Order

In article 4C of the Pharmacy and General Sale Order (exemption for the supply of medicinal products by independent hospitals, clinics and agencies)—

(a) in the heading, after “the” insert “sale or”;

(b) in paragraph (1)—

(i) after “apply to the” insert “sale or”,

(ii) for sub-paragraphs (a) and (b) substitute—

(a) an independent hospital,

(b) an independent clinic,

(c) an independent medical agency, or

(d) in Northern Ireland, a nursing home,

(iii) after “product is” insert “sold or”; and

(c) in paragraph (2)—

(i) in sub-paragraph (a)—

(aa) after “relates to the” insert “sale or”,

(bb) after “medicinal product is” insert “sold or”, and

(cc) after “the product is” insert “sold or”,

(ii) in sub-paragraph (d)—

(aa) after “the individual who” insert “sells or”, and

(bb) after “purpose of the” insert “sale or”, and

(iii) in sub-paragraph (e), after “product is” insert “sold or”.

Section 8 Amendment of Schedule 3 to the Pharmacy and General Sale Order

In Schedule 3 to the Pharmacy and General Sale Order, in Part 1 (particulars to be included in a patient group direction), in paragraph (d), after “may be” insert “sold or”.