{ "url": "https://openlegislation.uk/pharmaceutical-services-regulations-northern-ireland-1997/regulation-2", "json_url": "https://openlegislation.uk/pharmaceutical-services-regulations-northern-ireland-1997/regulation-2.json", "legislation": "nisr/1997/381", "legislation_title": "Pharmaceutical Services Regulations (Northern Ireland) 1997", "legislation_url": "https://openlegislation.uk/pharmaceutical-services-regulations-northern-ireland-1997", "path": "regulation/2", "kind": "regulation", "number": "2", "heading": "Interpretation", "text": "(1) In these Regulations—\n“appliance” means an appliance which is included in a list for the time being approved by the Department for the purposes of Article 63 of the Order;\n“appropriate non-proprietary name” means a non-proprietary name which is not mentioned in Schedule 10 to the Medical Regulations or, except where the conditions in paragraph 49(2) of the doctors' terms of service are satisfied, in Schedule 11 to those Regulations;\n“Board” means a Health and Social Services Board established under Article 16 of the Order for any area;\n“chemist” means—\n(a) a pharmacist;\n(b) a person lawfully conducting a retail pharmacy business in accordance with section 69 of the Medicines Act 1968; or\n(c) a supplier of appliances;\nwho is included in the pharmaceutical list under Article 63 of the Order;\n“child” means a person who has not attained the age of 16 years;\n“dentist” means a dental practitioner;\n“Disciplinary Procedures Regulations” means the Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland) 1996;\n“doctor” means a medical practitioner;\n\"doctors' terms of service\" means the terms of service contained in Schedule 2 to the Medical Regulations;\n“drugs” includes medicines and chemical reagents;\n\"Drug Tariff' has the meaning given to it in regulation 9;\n“joint discipline committee” has the same meaning as in the Disciplinary Procedures Regulations;\n“listed drugs” means the drugs included in a list for the time being approved by the Department for the purposes of Article 63 of the Order;\n“Local Dental Committee”, “Local Medical Committee” and “Local Pharmaceutical Committee” mean the respective committees of those names which are recognised by a Board in relation to its area under Article 55 of the Order;\n“maternity medical services” has the meaning assigned to it by regulation 34 of and Schedule 5 to the Medical Regulations;\n“medical list” has the meaning assigned to it by regulation 4 of the Medical Regulations;\n“Medical Regulations” means the General Medical Services Regulations (Northern Ireland) 1997;\n“non-proprietary name”, in relation to a drug, means—\n(a) where the drug is described in a monograph in the current edition (as defined in section 103(5) of the Medicines Act 1968), as in force at the time of the supply of the drug, of the European Pharmacopoeia, the British Pharmacopoeia, the British Pharmaceutical Codex, the British National Formulary, the International Pharmacopoeia, the Cumulative List of Recommended International Non-proprietary Names or the Dental Practitioners' Formulary, any name, or abbreviation of such name, at the head of that monograph or, where such name consists of two or more words, any name derived from a suitable inversion of such words which is permitted by that publication; or\n(b) where the drug is not so described but has an approved name, being the name which appears in the current edition (as defined in section 103(5) of the Medicines Act 1968) of the list of names prepared and published under section 100 of that Act, as in force at the time of the supply of the drug, such approved name;\n“nurse prescriber” means a nurse or health visitor of a description specified in paragraph (2);\n“obstetric list” has the meaning assigned to it by regulation 30 of the Medical Regulations;\n“the Order” means the Health and Personal Social Services (Northern Ireland) Order 1972;\n“patient” has the same meaning as in paragraph 3 of Schedule 2 to the Medical Regulations;\n“pharmaceutical discipline committee” has the same meaning as in the Disciplinary Procedures Regulations;\n“pharmaceutical list” shall be construed in accordance with regulation 6;\n“pharmacist” means a pharmacist, other than a supplier of appliances only, whose name is included in the pharmaceutical list under Article 63 of the Order or who is employed by a person (including a body corporate) whose name is so included;\n“pharmacy” means any premises where drugs or appliances are provided by a pharmacist pursuant to arrangements made under Article 63 of the Order;\n“prescription form” means a form provided by the Agency and issued by a doctor or dentist to enable a person to obtain pharmaceutical services under Article 63(1)(a) or (b) of the Order or a form provided by the Agency for the purposes of pharmaceutical services under Article 63(1)(bb) of the Order and issued by a nurse prescriber to enable a person to obtain such services;\n“reagent” means a chemical reagent included in a list for the time being approved by the Department;\n“relevant service” has the same meaning as in section 64(1) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 as extended to Northern Ireland by the Reserve and Auxiliary Forces (Protection of Civil Interests) (Northern Ireland) Order 1979 and includes services rendered under the Reserve Forces Act 1980;\n“Scheduled drug” means a drug or other substance specified in Schedule 10 to the Medical Regulations or, except where the conditions in paragraph 49(2) of the doctors' terms of service are satisfied, Schedule 11 to those Regulations;\n“suspended by direction of the Tribunal” means suspended as respects the provision of pharmaceutical services by a direction of the Tribunal made pursuant to paragraph 8A(2) or 8B(1) of Schedule 11 to the Order or to equivalent provisions in force in England and Wales or Scotland corresponding to those provisions;\n“terms of service” means the terms of service contained or referred to—\n(a) in relation to chemists, in Parts I and II of Schedule 2;\n(b) in relation to doctors who provide pharmaceutical services, in Parts I and III of Schedule 2; and\n“working day” means any week-day other than a public holiday.\n(2) The specified description of nurse or health visitor mentioned in the definition of “nurse prescriber” in paragraph (1) is—\n(a) a person who—\n(i) is registered in Part 1 or 12 of the Register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 10 of the Nurses, Midwives and Health Visitors Act 1979 (referred to in this paragraph as “the professional register”); and\n(ii) has a district nursing qualification additionally recorded in the professional register under rule 11 of the Nurses, Midwives and Health Visitors Rules 1983; and\n(iii) is at the time of ordering the listed drug or medicine or appliance, employed by a Board or an HSS trust as a district nurse, or employed as a nurse by a fundholding practice whose recognition as such by virtue of Article 17 of the Health and Personal Social Services (Northern Ireland) Order 1991 (recognition of fundholding practices of doctors) has taken effect; or\n(b) a person who—\n(i) is registered in Part 11 of the professional register as a health visitor; and\n(ii) is, at the time of ordering the listed drug or medicine or appliance, employed by a Board or an HSS trust as a health visitor, or employed as a nurse by a fundholding practice whose recognition as such by virtue of Article 17 of the Health and Personal Social Services (Northern Ireland) Order 1991 has taken effect;\nagainst whose name (in each case) is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances for patients.\n(3) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.", "extent": "N.I.", "status": "prospective", "version": "current", "annotations": [ { "type": "I", "label": "I1", "text": "Reg. 2 in operation at 6.10.1997, see reg. 1" }, { "type": "footnote", "label": "f1", "text": "Article 63 is amended by Article 14 of S.I. 1978/1907 (N.I. 26); Article 5(1) of S.I. 1986/2023 (N.I. 20); regulation 4 of S.R. 1987 No. 457; Article 31 of S.I. 1991/194 (N.I. 1) and Article 3 of S.I. 1992/2671 (N.I. 18)" }, { "type": "footnote", "label": "f2", "text": "1968 c. 67" }, { "type": "footnote", "label": "f3", "text": "S.R. 1996 No. 137" }, { "type": "footnote", "label": "f4", "text": "Article 55 is amended by Article 5 of S.I. 1991/194 (N.l. 1)" }, { "type": "footnote", "label": "f5", "text": "S.R. 1997 No. 380" }, { "type": "footnote", "label": "f6", "text": "1968 c. 67; section 103(5) is amended by section 22(6) of the Health and Medicines Act 1988 (c. 49)" }, { "type": "footnote", "label": "f7", "text": "14 & 15 Geo. 6 c. 65" }, { "type": "footnote", "label": "f8", "text": "S.I. 1979/291" }, { "type": "footnote", "label": "f9", "text": "1980 c. 9" }, { "type": "footnote", "label": "f10", "text": "Paragraphs 8A and 8B were inserted by Article 4 of S.I. 1995/2704 (N.l. 24)" }, { "type": "footnote", "label": "f11", "text": "1979 c. 36; the Parts of the professional register are determined by S.I. 1983/667, amended by S.I. 1989/104 and 1989/1455" }, { "type": "footnote", "label": "f12", "text": "Approved by S.l. 1983/873, to which there are amendments not relevant to these Regulations" }, { "type": "footnote", "label": "f13", "text": "S.I. 1991/194 (N.I. 1)" }, { "type": "footnote", "label": "f14", "text": "1954 c. 33 (N.l.)" } ], "outstanding_effects": [ { "type": "words inserted", "affecting": "nisr/2022/31", "affecting_title": "The Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2022" }, { "type": "coming into force", "affecting": "nisr/1997/381", "affecting_title": "Pharmaceutical Services Regulations (Northern Ireland) 1997" }, { "type": "words inserted", "affecting": "nisr/2001/222", "affecting_title": "Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2001" }, { "type": "words inserted", "affecting": "nisr/2001/222", "affecting_title": "Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2001" }, { "type": "inserted", "affecting": "nisr/2001/222", "affecting_title": "Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2001" }, { "type": "words inserted", "affecting": "nisr/2001/222", "affecting_title": "Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2001" }, { "type": "words inserted", "affecting": "nisr/2001/222", "affecting_title": "Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2001" }, { "type": "words omitted", "affecting": "nisr/2009/191", "affecting_title": "Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2009" }, { "type": "words substituted", "affecting": "nisr/2009/191", "affecting_title": "Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2009" }, { "type": "words inserted", "affecting": "nisr/2009/191", "affecting_title": "Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2009" }, { "type": "words inserted", "affecting": "nisr/2009/191", "affecting_title": "Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2009" }, { "type": "words inserted", "affecting": "nisr/2003/447", "affecting_title": "The Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) Regulations (Northern Ireland) 2003" }, { "type": "words substituted", "affecting": "nisr/2003/447", "affecting_title": "The Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) Regulations (Northern Ireland) 2003" }, { "type": "words inserted", "affecting": "nisr/2009/320", "affecting_title": "Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2009" }, { "type": "words inserted", "affecting": "nisr/2009/320", "affecting_title": "Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2009" }, { "type": "inserted", "affecting": "nisr/2009/320", "affecting_title": "Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2009" }, { "type": "words substituted", "affecting": "nisr/2016/104", "affecting_title": "The Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016" }, { "type": "words inserted", "affecting": "nisr/2016/108", "affecting_title": "The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016" }, { "type": "inserted", "affecting": "nisr/1999/100", "affecting_title": "The Health Services (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations (Northern Ireland) 1999" }, { "type": "words inserted", "affecting": "nisr/1999/254", "affecting_title": "Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 1999" }, { "type": "words substituted", "affecting": "nisr/1999/254", "affecting_title": "Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 1999" }, { "type": "words inserted", "affecting": "nisr/1999/254", "affecting_title": "Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 1999" }, { "type": "words inserted", "affecting": "nisr/1999/254", "affecting_title": "Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 1999" }, { "type": "words inserted", "affecting": "nisr/2019/186", "affecting_title": "The Pharmaceutical Services (Amendments Relating to Serious Shortage Protocols) Regulations (Northern Ireland) 2019" }, { "type": "words substituted", "affecting": "uksi/2019/1094", "affecting_title": "The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019" }, { "type": "words inserted", "affecting": "nisr/2014/170", "affecting_title": "The Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2014" }, { "type": "words inserted", "affecting": "nisr/2014/170", "affecting_title": "The Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2014" }, { "type": "words substituted", "affecting": "nisr/2014/170", "affecting_title": "The Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2014" }, { "type": "words inserted", "affecting": "nisr/2002/92", "affecting_title": "Pharmaceutical Services and General Medical Services (Amendment) Regulations (Northern Ireland) 2002" }, { "type": "words omitted", "affecting": "nisr/2003/447", "affecting_title": "The Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) Regulations (Northern Ireland) 2003" }, { "type": "omitted", "affecting": "nisr/2003/447", "affecting_title": "The Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) Regulations (Northern Ireland) 2003" }, { "type": "words substituted", "affecting": "nisr/2005/231", "affecting_title": "The Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "words substituted", "affecting": "nisr/2005/231", "affecting_title": "The Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "words substituted", "affecting": "nisr/2005/231", "affecting_title": "The Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "words substituted", "affecting": "nisr/2005/231", "affecting_title": "The Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "words substituted", "affecting": "nisr/2005/231", "affecting_title": "The Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "words substituted", "affecting": "nisr/2005/231", "affecting_title": "The Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "words inserted", "affecting": "nisr/2005/231", "affecting_title": "The Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "substitutued", "affecting": "nisr/2005/231", "affecting_title": "The Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "substitutued", "affecting": "nisr/2005/231", "affecting_title": "The Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "words ommitted", "affecting": "nisr/2005/231", "affecting_title": "The Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "words inserted", "affecting": "nisr/2005/231", "affecting_title": "The Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "substitutued", "affecting": "nisr/2005/231", "affecting_title": "The Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "added", "affecting": "nisr/2005/231", "affecting_title": "The Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "words substituted", "affecting": "nisr/2009/191", "affecting_title": "Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2009" }, { "type": "words substituted", "affecting": "nisr/2009/191", "affecting_title": "Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2009" }, { "type": "words substituted", "affecting": "nisr/2009/191", "affecting_title": "Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2009" }, { "type": "substituted", "affecting": "nisr/2009/191", "affecting_title": "Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2009" }, { "type": "substituted", "affecting": "nisr/2009/191", "affecting_title": "Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2009" }, { "type": "inserted", "affecting": "nisr/2009/191", "affecting_title": "Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2009" }, { "type": "words omitted", "affecting": "nisr/2010/72", "affecting_title": "The Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2010" }, { "type": "words inserted", "affecting": "nisr/2015/159", "affecting_title": "The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015" }, { "type": "words omitted", "affecting": "nisr/2016/104", "affecting_title": "The Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016" }, { "type": "words omitted", "affecting": "nisr/2016/104", "affecting_title": "The Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016" }, { "type": "words omitted", "affecting": "nisr/2022/116", "affecting_title": "The Pharmaceutical Services (Amendment No. 2) Regulations (Northern Ireland) 2022" }, { "type": "words substituted", "affecting": "nisr/2022/116", "affecting_title": "The Pharmaceutical Services (Amendment No. 2) Regulations (Northern Ireland) 2022" }, { "type": "words inserted", "affecting": "nisr/2022/116", "affecting_title": "The Pharmaceutical Services (Amendment No. 2) Regulations (Northern Ireland) 2022" }, { "type": "words substituted", "affecting": "nisr/2022/116", "affecting_title": "The Pharmaceutical Services (Amendment No. 2) Regulations (Northern Ireland) 2022" }, { "type": "words substituted", "affecting": "nisr/2022/116", "affecting_title": "The Pharmaceutical Services (Amendment No. 2) Regulations (Northern Ireland) 2022" }, { "type": "words substituted", "affecting": "nisr/2022/116", "affecting_title": "The Pharmaceutical Services (Amendment No. 2) Regulations (Northern Ireland) 2022" }, { "type": "words omitted", "affecting": "nisr/2022/116", "affecting_title": "The Pharmaceutical Services (Amendment No. 2) Regulations (Northern Ireland) 2022" }, { "type": "substituted", "affecting": "nisr/2022/116", "affecting_title": "The Pharmaceutical Services (Amendment No. 2) Regulations (Northern Ireland) 2022" }, { "type": "words inserted", "affecting": "nisr/2022/31", "affecting_title": "The Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2022" }, { "type": "words substituted", "affecting": "nisr/2022/31", "affecting_title": "The Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2022" }, { "type": "words inserted", "affecting": "nisr/2022/31", "affecting_title": "The Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2022" }, { "type": "words substituted", "affecting": "nisr/2022/31", "affecting_title": "The Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2022" }, { "type": "words omitted", "affecting": "nisr/2022/31", "affecting_title": "The Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2022" }, { "type": "words inserted", "affecting": "nisr/2022/31", "affecting_title": "The Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2022" }, { "type": "word omitted", "affecting": "nisr/2022/31", "affecting_title": "The Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2022" }, { "type": "words inserted", "affecting": "nisr/2022/31", "affecting_title": "The Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2022" }, { "type": "words substituted", "affecting": "uksi/2019/1094", "affecting_title": "The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019" }, { "type": "words substituted", "affecting": "uksi/2019/1094", "affecting_title": "The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019" } ], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/nisr/1997/381/regulation/2", "retrieved_at": "2026-10-29T02:27:30.758145+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }