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Regulation 5 Amendments to regulation 8

Original text. Later amendments are not shown.

(1)

Regulation 8 (general interpretation)f1 is amended as follows.

(2)

In paragraph (1)—

(a)

at the appropriate places insert—

  • ““dispensing content for patients”, in relation to an internet service, means content communicated publicly by an internet service provider as part of an internet service (for example, on a website) which is relevant to the dispensing of orders for the supply of medicinal products;”;

  • ““general practitioner” means a medical practitioner who is included in the General Practitioner Register kept under section 34C of the Medical Act 1983f2;”;

  • ““internet service” means a service made publicly available by means of the internet, which includes a service made publicly available by means of a combination of the internet and an electronic communications service or electronic communications network (within the meanings given to those expressions in section 32 of the Communications Act 2003f3);”;

  • ““medicinal products on a general sale list” means medicinal products subject to general sale, as provided for by regulation 5(1)(a) (and related expressions are to be construed accordingly);”;

  • ““NHS dispensing practice” means the business as part of which NHS pharmaceutical services are provided by general practitioners;”; and

  • ““NHS pharmaceutical services” means—

    1. (a)

      in England, pharmaceutical services under Part 7 of the National Health Service Act 2006f4;

    2. (b)

      in Wales, pharmaceutical services under Part 7 of the National Health Service (Wales) Act 2006f5;

    3. (c)

      in Scotland, pharmaceutical services under Part 2 of the National Health Service (Scotland) Act 1978f6;

    4. (d)

      in Northern Ireland, pharmaceutical services under Part 6 of the Health and Personal Social Services (Northern Ireland) Order 1972f7;”; and

(b)

in the definition of “retail pharmacy business”, for “or dentist)” substitute “, any other professional practice which is an NHS dispensing practice or a professional practice carried on by a dentist)”.

(3)

For paragraph (3) substitute—

“(3)

In these Regulations, references to selling by retail, or to retail sale, are references to—

(a)

selling a product to a person who buys it otherwise than for a purpose specified in regulation 18(5); or

(b)

selling or supplying that is treated as or as part of a retail sale by virtue of regulation 222A(2)(a).”.

Annotations

Footnotes

f1

Regulation 8 has been amended by S.I. 2013/1855 and 2593, 2015/1503 (S.R. 2015/354), 2016/186 (S.R. 2016/407), 190 and 696, 2017/715 (S.R. 2017/241), 2018/199 (S.R. 2018/64), 2019/62 (S.R. 2019/10), 593 (as amended by S.I. 2020/1394), 703, 775 (as amended by S.I. 2020/1488) and 1094, 2020/1125 (S.R. 2020/349), 2021/1452, 2022/352, 2024/374, 832 and 1125 and 2025/87 (not yet in force).

f2

1983 c. 54; section 34C was inserted by S.I. 2010/234.

f3

2003 c. 21; section 32 has been amended by S.I. 2011/1210 and 2020/1419.

f4

2006 c. 41.

f5

2006 c. 42.

f6

1978 c. 29.

f7

S.I. 1972/1265 (N.I. 14).