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

Amendment of article 1 of the principal Order

2.  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”(1), insert the following definition—

““juvenile justice centre” means a juvenile justice centre established under the Criminal Justice (Children) Northern Ireland) Order 1998(2);”;

(b) after the definition of “Primary Care Trust”(3), insert the following definitions—

““prison” means a prison established under the Prison Act 1952(4), the Prisons (Scotland) Act 1989(5) or the Prison Act (Northern Ireland) 1953(6);

“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”(7), 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—

  (a)

  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(8),

  (b)

  as respects a prison situated in Scotland, a person certified as such pursuant to section114 of the Criminal Justice and Public Order Act 1994(9),

  (c)

  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

  (d)

  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”(10)—

(i) in paragraph (a) omit “and”;

(ii) in paragraph (b), after “the Pharmacy (Northern Ireland) Order 1976(11);” 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(12) 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 1952(13) or the Prisons (Scotland) Act 1989;”;

(f) after the definition of “Special Health Authority”(14), 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”(15)—

(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,”; and

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

(h) after the definition of “United Kingdom marketing authorisation”(16), 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(17).”.

(1)

The definition of “independent medical agency” was inserted by S.I. 2003/697.

(2)

S.I. 1998/1504 (N.I. 9).

(3)

The definition of “Primary Care Trust” was inserted by S.I. 2000/1919.

(4)

1952 c. 52.

(5)

1989 c. 45.

(6)

1953 c. 18.

(7)

The definition of “prison service” was inserted by S.I. 2003/697.

(8)

1991 c. 53.

(9)

1994 c. 33.

(10)

The definition of “relevant register” was inserted by S.I. 2004/1 and amended by S.I. 2004/1771.

(11)

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

(12)

S.I. 2002/254.

(13)

See section 43(1)(a) of the Prison Act 1952 which will be repealed by the Criminal Justice and Court Services Act 2000 (c.. 43), on a date which is to be appointed pursuant to section 80 of that Act.

(14)

The definition of “Special Health Authority” was inserted by S.I. 2000/1919.

(15)

The definition of “supplementary prescriber” was inserted by S.I. 2004/1.

(16)

The definition of “United Kingdom marketing authorisation” was inserted by S.I. 2000/1919.

(17)

1968 c. 29 (N.I.).