The Prescription Only Medicines (Human Use) Amendment (No. 3) Order 2004

Insertion of article 7A of the principal Order

4.  After article 7 of the principal Order, insert the following article—

“Exemptions for administration of smallpox vaccine

7A.— (1) The restriction imposed by section 58(2)(b) (restriction on administration) shall not apply to the administration to human beings of smallpox vaccine where the conditions specified in paragraph (2) or (3) are satisfied.

(2) The conditions referred to in this paragraph are—

(a) the vaccine has been supplied by, or on behalf of, or under arrangements made by—

(i) the Secretary of State,

(ii) the Scottish Ministers,

(iii) the National Assembly for Wales,

(iv) the Department of Health, Social Services and Public Safety,

(v) an NHS body; and

(b) the vaccine is administered for the purpose of providing protection against smallpox virus in the event of a suspected or confirmed case of smallpox in the United Kingdom.

(3) The conditions referred to in this paragraph are—

(a) the vaccine has been supplied by, or on behalf of, or under arrangements made by Her Majesty’s Forces;

(b) the vaccine is administered for the purpose of providing protection against smallpox virus to—

(i) members of Her Majesty’s Forces; or

(ii) other persons employed or engaged by those Forces.

(4) For the purposes of this regulation, “NHS body” means—

(a) the Common Services Agency,

(b) a Strategic Health Authority, Health Authority or Special Health Authority,

(c) a Primary Care Trust,

(d) a Local Health Board, or

(e) an NHS trust or NHS foundation trust”.