2015 No. 178

Medicines

The Human Medicines (Amendment) Regulations 2015

Made

Laid before Parliament

Coming into force

The Secretary of State and the Minister for Health, Social Services and Public Safety make the following Regulations. They do so in the exercise of the powers conferred by section 2(2) and (5) of the European Communities Act 19721, having been designated for the purposes of section 2(2) of that Act in relation to medicinal products2.

Citation and commencement1

These Regulations may be cited as the Human Medicines (Amendment) Regulations 2015 and shall come into force on 1st April 2015.

Amendment of the Human Medicines Regulations 20122

The Human Medicines Regulations 20123 are amended as follows.

Amendment of regulation 2133

1

Regulation 213 (interpretation for the purposes of Part 12) is amended as follows.

2

In paragraph (1)—

a

after the definition of “local authority”4 insert—

  • “Maritime and Coastguard Agency” means the executive agency of that name of the Department for Transport;

b

after the definition of “product subject to special medical prescription”5 insert—

  • “Public Health Agency” means the Regional Agency for Public Health and Social Well-being established by section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 20096;

  • “Public Health England” means the executive agency of that name of the Department of Health;

Amendment of regulation 2294

1

Regulation 2297 (exemption for supply by national health service bodies and local authorities) is amended as follows.

2

In paragraph (1)—

a

in sub-paragraph (da) omit “or”;

b

after sub-paragraph (da) insert—

db

Public Health England;

dc

Public Health Agency; or

c

in sub-paragraph (f) for “(da)” substitute “(dc)”.

Amendment of regulation 2345

1

Regulation 234 (exemption for supply etc of products under a PGD to assist the police etc) is amended as follows.

2

In paragraph (2), for sub-paragraphs (c) and (d) substitute—

c

a prison service;

d

Her Majesty’s Forces; or

e

a contractor carrying out helicopter search and rescue operations on behalf of the Maritime and Coastguard Agency.

Amendment of regulation 3466

1

Regulation 3468 (Secretary of State to carry out a review of certain provisions) is amended as follows.

2

In paragraph (2)—

a

in sub-paragraph (c) after paragraph (xxviiie)9 insert—

xxviiif

229(1)(db) and (dc),

xxviiig

234(2)(e),

b

in sub-paragraph (d)—

i

after paragraph (iv)10 insert—

ivza

16, Part 2 entries relating to “Public Health England” and “Public Health Agency” and Part 3 entries relating to “search and rescue operations”,

ii

in paragraph (iva)11 omit “and”; and

iii

after paragraph (iva) insert—

ivb

22, entries relating to “Public Health England”, “Public Health Agency” and “search and rescue operations”, and

Amendment of Schedule 167

1

Schedule 16 (patient group directions) is amended as follows.

2

In the table in Part 212 (persons on whose behalf a patient group direction must be signed)—

a

after the row relating to Local Authority add—

Public Health England

The Chief Executive of Public Health England

Public Health Agency

The Public Health Agency

b

in the last row, in column 1—

i

in paragraph (dc) omit “or”; and

ii

after paragraph (dc) insert—

dd

Public Health England;

de

Public Health Agency; or

c

in the last row, in column 2—

i

in paragraph (cc) omit “or”; and

ii

after paragraph (cc) insert—

cd

Chief Executive of Public Health England,

ce

Public Health Agency, or

3

In the table in Part 3 (persons by whom or on whose behalf a patient group direction used as described in regulation 234 must be signed), after the row relating to Her Majesty’s Forces add—

Contractor carrying out helicopter search and rescue operations on behalf of the Maritime and Coastguard Agency

Medical Director of the contractor carrying out search and rescue operations on behalf of the Maritime and Coastguard Agency

Amendment of Schedule 228

1

Schedule 2213 (classes of persons who may be supplied with medicinal products for the purposes of regulation 249) is amended as follows.

2

Before the first occurrence of “The Common Services Agency” insert—

  • Public Health England.

  • Public Health Agency.

3

For “(bc) a local authority; or” substitute—

bc

a local authority;

bd

Public Health England;

be

Public Health Agency; or

4

After “(c) a prison service;” omit “or”.

5

For “(d) Her Majesty’s Forces” substitute—

d

Her Majesty’s Forces; or

e

a contractor carrying out helicopter search and rescue operations on behalf of the Maritime and Coastguard Agency.

Signed by the authority of the Secretary of State

George FreemanParliamentary Under-Secretary of State,Department of Health
Jim WellsMinister for Health, Social Services and Public Safety
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Human Medicines Regulations 2012.

Regulations 3, 5, 7 and 8 are required to enable contractors carrying out search and rescue operations on behalf of the Maritime and Coastguard Agency to supply prescription only medicines under a patient group direction.

Regulations 3, 4, 7 and 8 are required to enable Public Health England and the Regional Agency for Public Health and Social Well-being in Northern Ireland to supply prescription only medicines under a patient group direction.

Regulation 6 amends the 2012 Regulations so that the new provisions relating to search and rescue operators, patient group directions and exemption from rules governing supply of medicines by national health service bodies are subject to review by the Secretary of State.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on private, public or voluntary sectors is foreseen.

Amendments to the Human Medicines Regulations 2012 are subject to the requirements of the Statutory Rules (NI) Order 1979 and the corresponding SI in respect of this Statutory Rule is S.I. 323/2015