Regulation 5 Prohibition of representations

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

reg. 5(2)(b) words substituted by Health and Social Care Act 2012 (Consequential Provision—Social Workers) 2012 Sch. para. 6
reg. 5(2)(b) words substituted by Health Professions Order 2001 2003 Sch. para. 25
reg. 5(2)(c) words substituted by Health Act 1999 (Nursing and Midwifery) 2004 Sch. para. 55(b)
reg. 5(2)(b) words substituted by Children and Social Work Act 2017 (Social Workers) 2019 Sch. 2 para. 5
reg. 5(2) words substituted by Health Professions Order 2001 2002 Sch. para. 3

(1)

Subject to the following provisions of these regulations no representation shall be made by a commercially interested party which is likely to lead to the use of a medicinal product or other substance or article to which regulation 2 of these regulations applies for a purpose specified in regulation 2, or a medicinal product to which regulation 4 of these regulations applies for a purpose specified in regulation 4, if the representation—

(a)

is made in connection with the sale or supply, or offer for sale or supply, of a medicinal product or other substance or article to which regulation 2 applies, or a medicinal product to which regulation 4 applies, or

(b)

is made to any person for the purpose of inducing him to purchase a medicinal product or other substance or article to which regulation 2 applies or a medicinal product to which regulation 4 applies from a person selling by retail medicinal products or other substances or articles to which regulation 2 or regulation 4 applies, or

(c)

in the case of medicinal products to which regulation 2 or regulation 4 applies, is made to the patient of a doctor or dentist for the purpose of inducing him to request the doctor or dentist to prescribe medicinal products of that description.

(2)

The prohibition imposed by sub-paragraph (a) or sub-paragraph (b) of paragraph (1) above does not apply to any representation—

(a)

which is made by a pharmacist in relation to the sale or supply of a medicinal product where—

(i)

the pharmacist dispenses the medicinal product in accordance with a prescription given by a doctor or dentist; or

(ii)

the pharmacist is requested by or on behalf of a person to sell or supply the medicinal product in accordance with the pharmacist's own judgment as to the treatment required; or

(b)

which is made by a chiropodist registered by the Chiropodists Board under the Professions Supplementary to Medicine Act 1960 to a person who is a patient of his in relation to a medicinal product for the purpose of treatment by being administered to the surface of the foot; or

(c)

which is made to a patient in relation to a medicinal product by a registered nurse or a certified midwife.