The Medicines (Veterinary Drugs) (Prescription Only) Order 2001

Article 5(1)(a) and (2)

SCHEDULE 2EXEMPTION FOR CERTAIN PERSONS FROM SECTION 58(2) OF THE ACT

PART Isale or supply

Column 1Column 2Column 3
Persons exemptedPrescription only medicines to which the exemption appliesConditions

1.  Persons selling or supplying prescription only medicines to institutions of higher education or institutions concerned with research.

1.  All prescription only medicines.

1.  The sale or supply shall be—

(a)limited to the medicine which is the subject of the education or research with which the institution is concerned; and

(b)subject to the presentation of an order signed by the principal of the institution or (in the case of research) the head of department in charge of the research stating—

(i)the name of the institution for which the medicine is required,

(ii)the research being conducted,

(iii)the purpose for which the medicine is required, and

(iv)the total quantity required.

2.  Persons selling or supplying prescription only medicines to any of the following—

(a)a public analyst appointed under section 27 of the Food Safety Act 1990(1) or article 27(1) of the Food Safety (Northern Ireland) Order 1991(2),

(b)an authorised officer of a food authority within the meaning of the Food Safety Act 1990 or an authorised officer within the meaning of the Food Safety (Northern Ireland) Order 1991,

(c)an agricultural analyst or a deputy agricultural analyst appointed under section 67 of the Agriculture Act 1970(3),

(d)a person duly authorised by an enforcement authority under sections 111 and 112 of the Act, or

(e)a sampling officer within the meaning of Schedule 3 to the Act.

2.  All prescription only medicines.

2.  The sale or supply shall be subject to the presentation of an order signed by or on behalf of any person listed in column 1, paragraph 2(a), (b), (c), (d) or (e) stating the status of the person signing it and the amount of the prescription only medicine required, and shall be only in connection with the exercise by those persons of their statutory functions.

3.  Persons lawfully conducting a retail pharmacy business within the meaning of section 69 of the Act.

3.  Any veterinary drug such as is described in the list kept under article 3 of the Merchants Exemption Order which, so far as it is for parenteral administration, is a prescription only medicine.

3.  No conditions.

4.  Persons the sale or supply by whom is exempted by article 4 or 7 of the Merchants Exemption Order from the restrictions imposed by section 52 of the Act.

4.  Any veterinary drug such as is described in the list kept under article 3 of the Merchants Exemption Order which, so far as it is for parenteral administration, is a prescription only medicine.

4.  The sale or supply shall be subject to the conditions specified in articles 6 and 7 of the Merchants Exemption Order.

5.  Persons selling or supplying prescription only medicines to veterinary surgeons and veterinary practitioners.

5.  All prescription only medicines.

5.  No conditions.

6.  Persons selling or supplying prescription only medicines to the British Standards Institution.

6.  All prescription only medicines.

6.  The sale or supply shall be—

(a)subject to the presentation of an order signed on behalf of the British Standards Institution stating the status of the person signing it and the amount of the prescription only medicine required, and

(b)only for the purpose of testing containers of medicinal products or determining the standards for such containers.

7.  Holders of a marketing authorisation or of a manufacturer’s licence.

7.  Prescription only medicines referred to in the authorisation or licence.

7.  The sale or supply shall be only—

(a)to a pharmacist,

(b)so as to enable that pharmacist to prepare an entry relating to the prescription only medicine in question in a tablet or capsule identification guide or similar publication, and

(c)of no greater quantity than is reasonably necessary for that purpose.

PART IIadministration

Column 1Column 2Column 3
Persons exemptedPrescription only medicines to which the exemption appliesConditions

1.  Persons who are authorised as members of a group by a group authority granted under regulation 8(3) or 9(3) of the Misuse of Drugs Regulations to supply a controlled drug by way of administration only.

1.  Prescription only medicines that are specified in the group authority.

1.  The administration shall be in accordance with the group authority.

2.  Persons who have in their charge or who maintain animals for the purposes of and in the course of carrying on a business either as their sole business activity or as a part of their business activities.

2.  Any veterinary drug such as is described in a list kept under article 3 of the Merchants Exemption Order which, so far as it is for parenteral administration, is a prescription only medicine.

2.  The administration shall be only to animals in their charge or under their maintenance for the purposes of and in the course of carrying on the business.

(1)

1990 c. 16; section 27 was amended by the Food Standards Act 1999 (c. 28), Schedule 5, paragraph 8.

(2)

S.I. 1991 No. 762 (N.1.7); article 27 was amended by the Food Standards Act 1999 (c. 28), Schedule 5, paragraph 34.

(3)

1970 c. 40; section 67 was modified (in relation to Great Britain) by regulation 9 of the Feeding Stuffs (Enforcement) Regulations 1999 (S.I. 1999/2325).