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The Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 1992

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Statutory Instruments

1992 No. 2938

MEDICINES

The Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 1992

Made

24th November 1992

Laid before Parliament

26th November 1992

Coming into force

18th December 1992

The Secretary of State concerned with health in England, the Secretaries of State concerned with health and agriculture in Wales and in Scotland respectively, the Minister of Agriculture, Fisheries and Food, the Department of Health and Social Services for Northern Ireland, and the Department of Agriculture for Northern Ireland, acting jointly, in exercise of the powers conferred upon them by sections 61 and 129(1) and (5) of the Medicines Act 1968(1) or, as the case may be, those conferred by the said provisions and now vested in them(2), and of all other powers enabling them in that behalf, after consulting such organisations as appear to them to be representative of interests likely to be substantially affected by the following Regulations, pursuant to section 129(6) of that Act, and after consulting and taking into account the advice of the Medicines Commission pursuant to section 129(7) of that Act, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 1992 and shall come into force on 18th December 1992.

(2) In these Regulations “the principal Regulations” means the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980(3).

Amendment of Schedule 1 to the principal Regulations

2.  In Schedule 1 to the principal Regulations (classes of persons for the purposes of regulation 5) shall be amended by the insertion at the end of the following entries—

  • A Health and Social Services trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(4)

  • A National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990(5) or section 12A of the National Health Service (Scotland) Act 1978(6)

  • The Common Services Agency for the Scottish Health Service established under section 10 of the National Health Service (Scotland) Act 1978..

Signed by authority of the Secretary of State for Health

Brian Mawhinney

Minister

Department of Health

20th November 1992

David Hunt

Secretary of State for Wales

20th November 1992

Fraser of Carmyllie

Minister of State, Scottish Office

24th November 1992

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.

Derek Andrews

Permanent Secretary, Ministry of Agriculture, Fisheries and Food

24th November 1992.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 23rd day of November 1992.

L.S.

F. A. Elliott

Permanent Secretary

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 20th day of November 1992.

L.S.

W. J. Hodges

Permanent Secretary

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 so as to add National Health Service Trusts (established in Great Britain), Health and Social Services Trusts (established in Northern Ireland) and the Common Services Agency for the Scottish Health Service to the classes of persons who may be sold prescription only medicines and pharmacy medicines by way of wholesale dealing.

(1)

1968 c. 67. The expression “the Ministers” is defined in section 1(1) of that Act as amended. The word “prescribed” in section 53(4) is defined in section 132(1).

(2)

In the case of the Secretaries of State concerned with health in England and in Wales by virtue of article 2(2) of, and Schedule 1 to, the Transfer of Functions (Wales) Order 1969 (S.I. 1969/388); in the case of the Secretary of State concerned with agriculture in Wales by virtue of article 2(3) of, and Schedule 1 to, the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272); in the case of the Northern Ireland Departments by virtue of section 40 of, and Schedule 5 to, the Northern Ireland Constitution Act 1973 (c. 36), and section 1(3) of, and paragraph 2(1)(b) of Schedule 1 to, the Northern Ireland Act 1974 (c. 28).

(3)

S.I. 1980/1923, as amended by S.I. 1982/28 and 1990/1124.

(6)

1978 c. 29; section 12A was inserted by section 31 of the National Health Service and Community Care Act 1990 (c. 19).

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