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The Human Medicines Regulations 2012, Cross Heading: Other exemptions is up to date with all changes known to be in force on or before 28 March 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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244.—(1) Regulation 214(1) does not apply to the sale or supply of a prescription only medicine by a person if the person, having exercised all due diligence, believes on reasonable grounds that the product is not a prescription only medicine.
(2) Regulation 220 does not apply to the sale or supply, or offer for sale or supply of a medicinal product by a person if—
(a)the person, having exercised all due diligence, believes on reasonable grounds that the product is subject to general sale;
(b)that belief is due to the act or default of another person; and
(c)the conditions in regulation 221 are met in relation to the sale or supply, or offer for sale or supply of the product.
245. Regulation 214(1) does not apply to the sale or supply of a prescription only medicine by a pharmacist in accordance with a forged prescription if the pharmacist, having exercised all due diligence, believes on reasonable grounds that the prescription is genuine.
246. Regulation 214(1) does not apply to the sale or supply of a prescription only medicine otherwise than in accordance with a prescription given by an appropriate practitioner if—
(a)the sale or supply is otherwise than in accordance with such a prescription because a condition in regulation 217, 218[F1, 219 or 219A] is not met; and
(b)the person selling or supplying the prescription only medicine, having exercised all due diligence, believes on reasonable grounds that the condition is met.
Textual Amendments
F1Words in reg. 246(a) substituted (E.W.S.) (1.7.2015) by The Human Medicines (Amendment) (No. 2) Regulations 2015 (S.I. 2015/903), regs. 1, 6 and words in reg. 246(a) substituted (N.I.) (1.7.2015) by The Human Medicines (Amendment) (No. 2) Regulations 2015 (S.R. 2015/259), regs. 1, 6
247.—(1) Regulations 214(1), 220 and 221 do not apply to the supply of a medicinal product that meets the following conditions.
(2) Condition A is that the supply is made whilst a disease is, or in anticipation of a disease being imminently—
(a)pandemic; and
(b)a serious risk, or potentially a serious risk, to human health.
(3) Condition B is that the supply is accordance with a protocol that—
(a)is approved by the Ministers [F2or an NHS body];
(b)specifies [F3how the medicinal product is to be used for the prevention of or as a] treatment for the disease; and
(c)contains requirements as to the recording of—
(i)the name of the person who supplies the product to the person to be treated (“the patient”) or to a person acting on the patient's behalf, and
(ii)evidence that the product was supplied to the patient or to a person acting on the patient's behalf.
[F4(4) A function of the Ministers under this regulation may be exercised by either of them acting alone or both of them acting jointly (and the reference in this regulation to “the Ministers” is to be read accordingly).]
Textual Amendments
F2Words in reg. 247(3)(a) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 176(6)(a) (with Sch. 3 para. 28)
F3Words in reg. 247(3)(b) substituted (6.11.2020) by The Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020 (S.I. 2020/1125), regs. 1(2), 13 and words in reg. 247(3)(b) substituted (N.I.) (6.11.2020) by The Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020 (S.R. 2020/349), regs. 1(2), 13
247A.—(1) Regulations 214, 220 and 221 do not apply to the supply or administration of a medicinal product used for vaccination or immunisation against coronavirus or influenza virus (of any type) that meets the following conditions.
(2) Condition A is that the supply is made, or the medicinal product is administered, while a disease (which may be neither coronavirus disease nor influenza) is, or in anticipation of a disease being imminently—
(a)pandemic; and
(b)a serious risk or potentially serious risk to human health.
(3) Condition B is that the supply or administration is in accordance with the requirements of a protocol that is approved by the Secretary of State, the Scottish Ministers, the Welsh Ministers or the Minister of Health in Northern Ireland.
(4) Condition C is that the protocol specifies (amongst other matters)—
(a)the classes of persons permitted to administer medicinal products under the protocol;
(b)the process by which a person of the specified class is designated, and by whom, as a person authorised to administer medicinal products under the protocol;
(c)requirements as to the recording of the name of a person who, on any particular occasion, administers a medicinal product under the protocol; and
(d)requirements, where appropriate, for the supervision of a person who, on any particular occasion, administers a medicinal product under the protocol.
(5) Condition D is that when the medicine is supplied, there is in force in relation to it—
(a)an authorisation by the licensing authority on a temporary basis under regulation 174;
(b)before 1st January 2021, a marketing authorisation; or
(c)on and after 1st January 2021, a UK marketing authorisation [F6(including in Northern Ireland if supply is in accordance with regulation 167A)] or, in Northern Ireland, an EU marketing authorisation.
(6) As soon as is reasonably practical after the end of one year beginning on the day on which the first protocol approved under this regulation has effect, the Secretary of State must—
(a)review the operation of this regulation with a view to evaluating whether there have been any adverse consequences for the market in prescription only medicines or for patient safety as a consequence of the operation of this regulation;
(b)set out the conclusions of the review in a report; and
(c)publish the report.]
Textual Amendments
F5Reg. 247A inserted (6.11.2020) by The Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020 (S.I. 2020/1125), regs. 1(2), 14 and reg. 247A inserted (N.I.) (6.11.2020) by The Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020 (S.R. 2020/349), regs. 1(2), 14
F6Words in reg. 247A(5)(c) inserted (1.1.2022) by The Human Medicines (Amendment) (Supply to Northern Ireland) Regulations 2021 (S.I. 2021/1452), regs. 1(2), 22
248.—(1) Regulations 220 and 221 do not apply to the supply of a medicinal product on premises that are not a registered pharmacy where the supply—
(a)is in accordance with a prescription issued by a doctor, dentist, nurse independent prescriber, pharmacist independent prescriber[F7, physiotherapist independent prescriber, podiatrist independent prescriber, therapeutic radiographer independent prescriber][F8, paramedic independent prescriber] or optometrist independent prescriber; and
(b)forms part of a collection and delivery arrangement used by a person who lawfully conducts a retail pharmacy business.
(2) In this regulation “collection and delivery arrangement” means an arrangement whereby a person may—
(a)take or send a prescription given by a doctor, dentist, nurse independent prescriber, pharmacist independent prescriber[F9, physiotherapist independent prescriber, podiatrist independent prescriber, therapeutic radiographer independent prescriber][F10, paramedic independent prescriber] or optometrist independent prescriber to premises other than a registered pharmacy and which are capable of being closed by the occupier to exclude the public; and
(b)collect or have collected on his or her behalf from such premises a medicinal product prepared or dispensed in accordance with such a prescription at a registered pharmacy by or under the supervision of a pharmacist.
Textual Amendments
F7Words in reg. 248(1)(a) inserted (E.W.S.) (1.4.2016) by The Human Medicines (Amendment) Regulations 2016 (S.I. 2016/186), regs. 1, 12(2) and words in reg. 248(1)(a) inserted (N.I.) (1.4.2016) by The Human Medicines (Amendment) Regulations 2016 (S.R. 2016/407), regs. 1, 12(2)
F8Words in reg. 248(1)(a) inserted (1.4.2018) by The Human Medicines (Amendment) Regulations 2018 (S.I. 2018/199), regs. 1, 10(2) and words in reg. 248(1)(a) inserted (N.I.) (1.4.2018) by The Human Medicines (Amendment) Regulations 2018 (S.R. 2018/64), regs. 1, 10(2)
F9Words in reg. 248(2)(a) inserted (E.W.S.) (1.4.2016) by The Human Medicines (Amendment) Regulations 2016 (S.I. 2016/186), regs. 1, 12(3) and words in reg. 248(2)(a) inserted (N.I.) (1.4.2016) by The Human Medicines (Amendment) Regulations 2016 (S.R. 2016/407), regs. 1, 12(3)
F10Words in reg. 248(2)(a) inserted (1.4.2018) by The Human Medicines (Amendment) Regulations 2018 (S.I. 2018/199), regs. 1, 10(3) and words in reg. 248(2)(a) inserted (N.I.) (1.4.2018) by The Human Medicines (Amendment) Regulations 2018 (S.R. 2018/64), regs. 1, 10(3)
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