Medicines Act 1968

Changes over time for: Section 58

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Medicines Act 1968, Section 58 is up to date with all changes known to be in force on or before 18 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 69(1A)(1B) added (prosp.) by 1997 c. 19 s. 1 Sch. para. 5(b)
s. 84B inserted by S.I. 2016/372 art. 12

58 Medicinal products on prescription only. U.K.

(1)The [F1Ministers] may by order specify descriptions or classes of medicinal products [F2as prescription only medicines]

F3(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(1ZA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Without prejudice to [F8 regulation 223(1) of the 2012 Regulations] , any order made by the [F9 Ministers ] for the purposes of this section may provide—

(a) that [F10 regulation 214(1) or (2) of the 2012 Regulations] shall have effect subject to such exemptions as may be specified in the order [F11[F12 or, in the case of an appropriate practitioner, other than a doctor or dentist, ] such modifications as may be so specified ] ;

(b) that, for the purpose of [F13 regulation 214(1) of the 2012 Regulations] , a medicinal product shall not be taken to be sold or supplied in accordance with a prescription given by an appropriate practitioner unless such conditions as are prescribed by the order are fulfilled.

[F14(4A)An order under this section may provide, in relation to [F15an appropriate practitioner, other than a doctor or dentist], that such a person may—

(a)give a prescription for a medicinal product falling within a description or class specified in the order;

(b)administer any such medicinal product; or

(c)give directions for the administration of any such medicinal product,

only where he complies with such conditions as may be specified in the order in respect of the cases or circumstances in which he may do so.

F14( 4B )An order under this section may provide, in relation to a condition specified by virtue of subsection (4A), for the condition to have effect subject to such exemptions as may be specified in the order.

F14( 4C ) Where a condition is specified by virtue of subsection (4A), any prescription or direction given by a person in contravention of the condition is not (subject to such exemptions or modifications as may be specified in the order by virtue of subsection (4)(a) of this section) given by an appropriate practitioner for the purposes of [F16 regulation 214(1) or (2) of the 2012 Regulations] . ]

(5)Any exemption conferred [F17or modification made] by an order in accordance with subsection (4)(a) of this section may be conferred [F18or made] subject to such conditions or limitations as may be specified in the order.

( 6 ) Before making an order under this section the [F19 Ministers ] shall consult the appropriate committee F20 ....

[F21(7)In subsection (6) “the appropriate committee” means whichever the Ministers consider appropriate of—

(a)the Commission; or

(b)an expert committee appointed by the Ministers, or by one of them acting alone.]

Textual Amendments

F1Word in s. 58(1) substituted (1.10.2006) by The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 29(a) (with regs. 2(4), 3)

F2Words in s. 58(1) substituted (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 5(a) (with Sch. 32)

F3S. 58(1A) repealed (14.8.2012) by virtue of The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 5(b), Sch. 35 (with Sch. 32)

F4S. 58(1ZA) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 2; S.I. 2019/1436, reg. 2(s)

F5S. 58(1B) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 29(c) (with regs. 2(4), 3)

F6S. 58(2) repealed (14.8.2012) by virtue of The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 5(b), Sch. 35 (with Sch. 32)

F7S. 58(3) repealed (14.8.2012) by virtue of The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 5(b), Sch. 35 (with Sch. 32)