The Medicines for Human Use (Prescribing) Order 2005

Citation, commencement, extent and interpretation

1.—(1) This Order may be cited as the Medicines for Human Use (Prescribing) Order 2005 and shall come into force on 7th April 2005.

(2) Subject to paragraph (3), this Order applies to the whole of the United Kingdom.

(3) Paragraphs (2) and (3) of article 2 extend to Scotland only.

(4) In this Order—

“the Act” means the Medicines Act 1968;

“first level nurse” means a person registered in Sub-Part 1 of the Nurses' Part of the professional register;

“medicinal product” includes any article or substance in respect of which section 58 of the Act has effect by virtue of an order made under section 104 of the Act, but does not include—

(a)

a medicinal product which is a veterinary drug as defined in section 132(1) of the Act; or

(b)

an article or substance in respect of which section 58 has such effect where that article or substance is only to be administered to animals;

“the POM Order” means the Prescription Only Medicines (Human Use) Order 1997(1);

“professional register” means the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001(2);

“registered midwife” means a person registered in the Midwives' Part of the professional register;

“relevant register” means —

(a)

in relation to a first level nurse or registered midwife, the professional register;

(b)

in relation to a pharmacist, the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954(3) or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976(4); and

(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(5) relating to—

(i)

chiropodists and podiatrists;

(ii)

physiotherapists;

(iii)

radiographers: diagnostic or therapeutic,

that register;

“supplementary prescriber” means—

(a)

a first level nurse;

(b)

a pharmacist;

(c)

a registered midwife; or

(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,

against whose name is recorded in the relevant register an annotation or entry signifying that he is qualified to order drugs, medicines and appliances as a supplementary prescriber.

(1)

S.I. 1997/1830; relevant amending instruments are S.I. 1998/1178, 2000/2899, 2001/2889, 2002/549, 2003/696 and 2915, and 2004/2, 696, 1031, 1189, 1771 and 2693.

(2)

S.I. 2002/253.

(3)

1954. c. 61.

(4)

S.I. 1976/1213 (N.I. 22)

(5)

S.I. 2002/254.