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Regulation 7 Application of Part 2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This Part applies to on-premises, off-premises and distance contracts, subject to paragraphs (2), (3) and (4) and regulation 6.

(2)

This Part does not apply to contracts to the extent that they are—

(a)

for the supply of a medicinal product by administration by a prescriber, or under a prescription or directions given by a prescriber;

(b)

for the supply of a product by a health care professional or a person included in a relevant list, under arrangements for the supply of services as part of the health service, where the product is one that, at least in some circumstances is available under such arrangements free or on prescription.

(3)

This Part, except for regulation 14(1) to (5), does not apply to contracts to the extent that they are for passenger transport services.

(4)

This Part does not apply to off-premises contracts under which the payment to be made by the consumer is not more than £42.

(5)

In paragraph (2)—

  • “health care professional” and “prescriber” have the meaning given by regulation 2(1) of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 M1;

  • “health service” means—

    1. (a)

      the health service as defined by section 275(1) of the National Health Service Act 2006 M2 or section 206(1) of the National Health Service (Wales) Act 2006 M3,

    2. (b)

      the health service as defined by section 108(1) of the National Health Service (Scotland) Act 1978 M4, or

    3. (c)

      any of the health services under section 2(1)(a) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 M5;

  • “medicinal product” has the meaning given by regulation 2(1) of the Human Medicines Regulations 2012 M6;

  • “relevant list” means—

    1. (d)

      a relevant list for the purposes of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 M7, or

    2. (e)

      a list maintained under those Regulations.

Annotations

Marginal citations

M1

S.I. 2013/349.

M2

2006 c.41.

M3

2006 c.42.

M4

1978 c.29.

M5

2006 c.41 (N.I): section 1 was substituted by section 1 of the Health and Social Care Act 2012 (c.7).

M6

S.I. 2012/1916.

M7

S.I. 2013/349.