Search Legislation

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

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Prescription Only Medicines (Human Use) Order 1997

This section has no associated Explanatory Memorandum

9.—(1) The Prescription Only Medicines (Human Use) Order 1997(1) is amended as follows.

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

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

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

(za)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,

(a)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), 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 paragraph (2A),;

(d)in the definition of “registered provider” in paragraph (2)—

(i)after the words “an independent clinic” in paragraph (a) of the definition, insert the words “in Wales, Scotland or Northern Ireland”, and

(ii)for sub-paragraph (i) of paragraph (a) of the definition, substitute the following—

(i)in relation—

(aa)to England, the person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of regulated activities (within the meaning of that Part) carried on in that hospital or agency, and

(bb)to Wales, the person who is registered under Part 2 of the Care Standards Act 2000 as the person carrying on the establishment or agency,;

(e)in the definition of “relevant manager” in paragraph (2)—

(i)after the words “an independent clinic” in paragraph (a) of the definition, insert the words “in Wales, Scotland or Northern Ireland”, and

(ii)in sub-paragraph (i) of paragraph (a) of the definition, for the words “(i) in relation to England and Wales—” substitute the following—

(i)in relation to England, a person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 as a manager in respect of regulated activities (within the meaning of that Part) carried on in that hospital or agency, and

(ia)in relation to Wales—; and

(f)after paragraph (2), insert—

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

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

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

(3) In article 12D (exemption for the supply and administration of prescription only medicines by independent hospitals, clinics and agencies), in paragraph (1)(b), insert “in Wales, Scotland or Northern Ireland,” before “an independent clinic”.

(1)

S.I.1997/1830. The definitions of “independent clinic”, “independent hospital” and “independent medical agency” were inserted by S.I. 2003/696, article 2(1), (2)(g) and amended by S.I. 2007/2178, article 2(1), (2)(a) to (c). Article 12D was inserted by S.I. 2003/696, article 11 and further amended by S.I. 2007/2178, article 4(a)(i) to (iii).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources