The Medicines (Pharmacy and General Sale - Exemption) Amendment Order 2003

Statutory Instrument 2003 No. 697

Entered into force 4th April 2003

(Excerpts)

Citation, commencement and interpretation(2) In this Order, "the principal Order" means the Medicines (Pharmacy and General Sale - Exemption) Order 1980[3].

Exemption for health professionals who supply medicinal products under a Patient Group Direction in order to assist the provision of health care by or on behalf of the police, theprisonservices or the armed forces4D. - (1) The restrictions imposed by sections 52 and 53 shall not apply to the supply of a medicinal product by an individual belonging to one of the classes specified in Part III of Schedule 3 to this Order where -

(a) that individual supplies the product in order to assist the provision of health care by, on behalf of, or under arrangements made by -

(i) a police force in England, Wales or Scotland,(ii) the Police Service of Northern Ireland,(iii) aprisonservice, or(iv) Her Majesty's Forces;

(b) the product is supplied for the purpose of being administered to a particular person in accordance with a Patient Group Direction; and(c) the conditions specified in paragraph (2) are satisfied.

(2) The conditions referred to are that -

(a) the Patient Group Direction relates to the supply of a description or class of medicinal product in order to assist the provision of health care by, or on behalf of, or under arrangements made by the police force or service, theprisonservice or, as the case may be, Her Majesty's Forces;(b) the Patient Group Direction has effect at the time at which the product is supplied;(c) the Patient Group Direction contains the particulars specified in Part I of Schedule 3 to this Order;(d) the Patient Group Direction is signed -

(i) by or on behalf of a person specified in column 2 of the Table in Part IIA of Schedule 3 to this Order ("the authorising person") against the entry in column 1 of that Table for the police force or service, theprisonservice or Her Majesty's Forces by whom or on whose behalf, the health care is provided, or with whom arrangements are made for the provision of such care; and(ii) in the case of a police force or the Police Service of Northern Ireland, by a doctor who is not employed or engaged by, and who does not provide services under arrangements made with, any police force or the Police Service of Northern Ireland;

(e) the individual referred to in paragraph (1) is designated in writing, by or on behalf of the authorising person, for the purpose of the supply of medicinal products under the Patient Group Direction; and(f) at the time at which the product is supplied, a product licence, a marketing authorization or a homoeopathic certificate of registration has effect in respect of it.

(3) In this article, "medicinal product" does not include a medicinal product which is a veterinary drug.".

Amendment of Schedule 3 to the principal Order4. In Schedule 3 to the principal Order[14], after Part II, insert the following Part -

" PART IIA

PERSONS BY WHOM OR ON WHOSE BEHALF A PATIENT GROUP DIRECTION USED IN THE PROVISION OF HEALTH CARE BY OR ON BEHALF OF THE POLICE, THEPRISONSERVICES OR THE ARMED FORCES MUST BE SIGNED

Column 1	Column 2
Force or service by whom or on whose behalf the health care is provided	Person by whom or on whose behalf the Direction must be signed
A police force in England and Wales	The chief officer of police for that police force (within the meaning of the Police Act 1996[15])
A police force in Scotland	The chief constable of that police force (within the meaning of the Police (Scotland) Act 1997[16])
The Police Service of Northern Ireland	The Chief Constable of the Police Service of Northern Ireland
Theprisonservice in England and Wales	The governor of theprisonin relation to which the health care in question is being provided
Theprisonservice in Scotland	The ScottishPrisonService Management Board
Theprisonservice in Northern Ireland	The Northern IrelandPrisonService Management Board
Her Majesty's Forces	(i) the Surgeon General,(ii) a Medical Director General, or(iii) a chief executive of an executive agency of the Ministry of Defence "