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The Medicines for Human Use (Prescribing by EEA Practitioners) (Amendment) (No. 2) Regulations 2010

S.I. 2010/2785 · Made 17 November 2010

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Medicines

Made 17th November 2010

Laid before Parliament 23rd November 2010

Coming into force 20th December 2010

The Secretary of State makes the following Regulations in the exercise of the powers conferred by section 2(2) of the European Communities Act 1972f1. He has been designated for the purpose of section 2(2) of the European Communities Act 1972f2 in relation to medicinal products.

Annotations to the whole text

Footnotes

f1

1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a) and by the European Union (Amendment) Act 2008 (c.7), Part 1 of Schedule 1.

f2

S.I. 1972/1811.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of regulation 1 of the principal Regulations
  3. 3Amendment of regulation 7 of the principal Regulations
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Medicines for Human Use (Prescribing by EEA Practitioners) (Amendment) (No. 2) Regulations 2010 and shall come into force on 20th December 2010.

(2)

In these Regulations “the principal Regulations” means the Medicines for Human Use (Prescribing by EEA Practitioners) Regulations 2008f1.

2Amendment of regulation 1 of the principal Regulations

In regulation 1 of the principal Regulations (citation, commencement and interpretation), for the definition of “controlled drug” in paragraph 2, substitute the following—

  • ““controlled drug” means any substance or product for the time being specified in Schedule 1, 2 or 3 to the Misuse of Drugs Regulations 2001f1 or in Schedule 1, 2 or 3 to the Misuse of Drugs Regulations (Northern Ireland) 2002f2;”.

3Amendment of regulation 7 of the principal Regulations

In regulation 7 of the principal Regulations (exemption in case of emergency sale or supply), in paragraph (1), for “paragraphs (2)(d) and (5)” substitute “paragraph (5)”.

Signature

Signed by the authority of the Secretary of State for Health.

Earl Howe

Parliamentary Under-Secretary of State,

Department of Health

17th November 2010

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Medicines for Human Use (Prescribing by EEA Practitioners) Regulations 2008 (“the principal Regulations”).

Regulation 2 substitutes the definition of “controlled drug” to ensure that prescriptions for controlled drugs included in Schedules 1 to 3 to the Misuse of Drugs Regulations 2001 or Schedules 1 to 3 of the Misuse of Drugs Regulations (Northern Ireland) 2002 are automatically excluded from being dispensed in the UK. EEA prescriptions for controlled drugs listed in Schedules 4 or 5 to those respective Regulations can be lawfully dispensed against provided the conditions contained in the principal Regulations are met.

Regulation 3 amends regulation 7 of the principal Regulations to ensure that the emergency sale or supply of certain controlled drugs is permitted where this is pursuant to a request by an EEA health professional or where such treatment has previously been prescribed by such a person.

An impact assessment has not been prepared for this instrument as there is no significant impact on the private and voluntary sectors.