The Medicines (Exemption from Licences) (Wholesale Dealing) Order 1990

Exemption from wholesale dealers' licences

2.—(1) The restrictions imposed by section 8(3) of the Act (restrictions as to wholesale dealing) (1)shall not apply to the sale or offer for sale of a medicinal product by way of wholesale dealing where such sale or offer for sale is either —

(a) by the holder of a product licence which relates to that medicinal product, including such holder of such product licence who is the person who assembled that medicinal product, or

(b) by a person who, not being the holder of such a product licence, assembled that medicinal product, where such assembly was to the order of a person who is the holder of such a product licence,

if throughout the period until such sale that medicinal product has not left the premises of any person who either manufactured or assembled that medicinal product being premises which by virtue of the relevant manufacturer’s licence the person who so manufactures or, as the case may be, assembles that medicinal product is enabled or authorised to use for the purposes of that licence (in this article referred to as “the authorised premises”).

(2) For the purposes of this article a medicinal product shall not be regarded as having left the authorised premises whilst that medicinal product is being moved from any of the authorised premises to another, or from one part of the authorised premises to another part, or whilst it is being moved from any of the authorised premises by way of delivery to the purchaser.

(3) The restriction imposed by section 8(3)(b) of the Act (wholesale dealers' licences) shall not apply in relation to anything done in relation to a proprietary medicinal product or a ready-made veterinary drug which has been imported when it is done by a person who handles the medicinal product —

(a) in the course of the provision of facilities solely for the transport of the medicinal product, or

(b) in the course of a business carried on by him as an import agent where he imports the medicinal product solely to the order of another person who intends, in the course of a business carried on by him, to sell, or offer for sale the medicinal product by way of wholesale dealing or in any other way intends to distribute the medicinal product.

(1)

Section 8(3) was substituted by S.I. 1977/1050 and S.R. (N.I.) 1977 No. 170 and amended by S.I. 1983/1724