The Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010

Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980

3.—(1) The Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980(1) are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation)—

(a) in the definition of “independent clinic” in paragraph (2)(a), for “in relation to England and Wales” substitute “in relation to Wales”;

(b) in the definition of “independent hospital” in paragraph (2)(a), for paragraph (a) substitute—

“(a) in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section,

(aa) in relation to Wales, shall be construed in accordance with section 2(2), (3) and (6) of the Care Standards Act 2000,”;

(c) in the definition of “independent medical agency” in paragraph (2)(a), for paragraph (a) substitute—

“(a) in relation to England and Wales, means an undertaking (not being an independent hospital, or in Wales an independent clinic) which consists of or includes the provision of services by medical practitioners and the term “undertaking” in this definition is to be interpreted in accordance with sub-paragraph (d);”; and

(d) after paragraph (2)(c), insert—

“and

(d) in paragraph (2)(a), for the purposes of the definition of “independent medical agency”, “undertaking” includes any business or profession and—

(i) in relation to a public or local authority, includes the exercise of any functions of that authority; and

(ii) in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.”.

(3) In Schedule 1 (classes of persons for the purposes of regulation 5), in the entry beginning “Authorities or persons carrying on the business of”—

(a) insert “in Wales, Scotland or Northern Ireland” after the words “independent clinic” in the first place they occur; and

(b) insert “, in Wales, Scotland or Northern Ireland, an” before the words “independent clinic” in the second place they occur.

(1)

S.I. 1980/1923. The definitions of “independent clinic”, “independent hospital” and “independent medical agency” were inserted by S.I. 2003/698, regulation 2(e) and amended by S.I. 2007/2179, regulation 2(a), (b) and (c).