The Medicines (Pharmacy and General Sale—Exemption) Amendment (No. 2) Order 1998

Explanatory Note

(This note is not part of the Order)

This Order further amends the Medicines (Pharmacy and General Sale—Exemption) Order 1980 which specifies exemptions from the general requirements as to retail sale or supply set out in sections 52 (pharmacy sale) and 53 (conditions for sale of products on a general sale list) of the Medicines Act 1968.

It provides for certain homoeopathic products for human use which have a current certificate of registration to be exempt:

• from the requirements of sections 52 and 53 where they are sold by a person who has been requested by or on behalf of a patient and in the patient’s presence to use his judgment as to the treatment required; and

• from the requirements of section 52 where they are sold by a person who meets the conditions for general sale set out in section 53.

The Order revokes article 2(3) and (4) which provided a temporary exemption in respect of registered homoeopathic medicinal products.

The exemptions do not apply to registered homoeopathic products for human use which are prescription-only medicines specified in an order made under section 58(1) of the Medicines Act, which are controlled drugs covered by the Misuse of Drugs Act 1971, or which are in a class specified in Schedule 3 to the Medicines (General Sale List) Order 1984.