Health and Social Care Act 2001 Explanatory Notes

ANNEX C: MISCELLANEOUS

Other Relevant Legislation

The Medicines Act 1968

404.The Medicines Act 1968 regulates the licensing, sale, supply and administration of medicinal products, and applies to both the private sale, supply and administration of medicinal products and to the supply and administration of such products in the NHS.

405.Section 58 of the Medicines Act 1968 provides for the designation of descriptions or classes of health professional, falling within the classes listed in section 58(1), for the purpose of prescribing or administering prescription only medicines. It is unlawful for such medicines to be sold or supplied – whether privately or on the NHS – except under the prescription of a designated health professional, or administered except by or under the directions of such a professional.

Wales

406.Many of the functions of the Secretary of State in relation to the NHS are exercised in Wales by the National Assembly for Wales . This Act has been drafted in consultation with the National Assembly for Wales and they agree with the provisions contained in it.

Scotland

407.The legislative framework for the NHS in Scotland is devolved. However this Act will amend the Social Work (Scotland) Act 1968 and some amendments relating to the dispensing and prescribing of medicines will also extend to Scotland.

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