The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

The Human Medicines Regulations 2012

176.—(1) The Human Medicines Regulations 2012(1) are amended as follows.

(2) In regulation 213(1) (interpretation)—

(a) before the definition of “the Common Services Agency” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”,

(b) in the definition of “health authority”, omit paragraph (a),

(c) omit the definition of “Health Protection Agency”,

(d) after the definition of “independent medical agency” insert—

““local authority” has the same meaning as in section 2B of the National Health Service Act 2006;”,

(e) in the definition of “NHS body”—

(i) after paragraph (c) insert—

“(ca) a clinical commissioning group;

(cb) the National Health Service Commissioning Board;”, and

(ii) omit paragraph (d), and

(f) omit the definition of “Primary Care Trust”.

(3) In regulation 229 (exemption for supply by national health service bodies)—

(a) in the heading, after “bodies” insert “and local authorities”,

(b) after paragraph (1)(d) insert—

“(da) a local authority in the exercise of public health functions (within the meaning of the National Health Service Act 2006); or”,

(c) omit paragraph (1)(e) (together with the “or” following it), and

(d) in paragraph (1)(f)—

(i) after “arrangement with” insert “a clinical commissioning group, the National Health Service Commissioning Board or”, and

(ii) for “to (e)” substitute “to (da)”.

(4) In regulation 230(6)(a) (exemption for supply etc under a PGD to assist doctors or dentists), for “or Primary Care Trust” substitute “, local authority or National Health Service Commissioning Board”.

(5) In regulation 233 (exemption for supply etc under a PGD by person conducting a retail pharmacy business)—

(a) in paragraph (1)(a)—

(i) after paragraph (iv) insert—

“(iva) a clinical commissioning group,

(ivb) the National Health Service Commissioning Board,

(ivc) a local authority in the exercise of public health functions (within the meaning of the National Health Service Act 2006),”, and

(ii) omit paragraph (v), and

(b) in paragraph (5)(a), for “to (v)” substitute “to (ivc) ”.

(6) In regulation 247 (exemption for supply in the event or anticipation of pandemic disease)—

(a) in paragraph (3)(a), for “, an NHS body or the Health Protection Agency” substitute “or an NHS body”, and

(b) after sub-paragraph (3) insert—

“(4) A function of the Ministers under this regulation may be exercised by either of them acting alone or both of them acting jointly (and the reference in this regulation to “the Ministers” is to be read accordingly).”

(7) In Schedule 16 (patient group directions), in the table in Part 2—

(a) after the row relating to an NHS trust or NHS foundation trust insert—

“Local authority

The Chief Executive or Director of Public Health of the local authority”

(b) omit the row relating to a Primary Care Trust,

(c) in the last row, in column 1—

(i) after paragraph (d) insert—

“(da) a clinical commissioning group;

(db) the National Health Service Commissioning Board;

(dc) a local authority; or”, and

(ii) omit paragraph (f) and the “or” immediately preceding it.

(d) in the last row, in column 2—

(i) after paragraph (c) insert—

“(ca) a clinical commissioning group,

(cb) the National Health Service Commissioning Board,

(cc) a local authority, or”, and

(ii) omit paragraph (e) and the “or” immediately preceding it.

(8) In Schedule 22 (classes of person for the purposes of regulation 249)—

(a) after the entry relating to an NHS Foundation trust insert—

“A local authority in the exercise of public health functions (within the meaning of the National Health Service Act 2006).”,

(b) omit the entry relating to a Primary Care Trust, and

(c) in the entry which follows the entry relating to a Primary Care Trust—

(i) after paragraph (b) insert—

“(ba) a clinical commissioning group;

(bb) the National Health Service Commissioning Board;

(bc) a local authority; or”, and

(ii) omit paragraph (d) and the “or” immediately preceding it.

(1)

S.I. 2012/1916.