Modifications etc. (not altering text)
C1Part III (ss.51-68) modified (1.1.1995) by S.I. 1994/3144, reg. 9(9)
C2Pt. III amendment to earlier affecting provision SI 1994/3144 reg. 9 (30.10.2005) by Medicines (Marketing Authorisations Etc.) Amendment Regulations 2005 (S.I. 2005/2759), regs. 1(a), 2(12)
(1)The restrictions imposed by sections 52 and 53 of this Act do not apply to the sale, offer for sale, or supply of a medicinal product—
(a)by a doctor or dentist to a patient of his or to a person under whose care such a patient is, or
(b)in the course of the business of a hospital or health centre, where the product is sold, offered for sale or supplied for the purpose of being administered (whether in the hospital or health centre or elsewhere) in accordance with the directions of a doctor or dentist.
(2)Those restrictions also do not apply—
(a)to the sale or supply of a medicinal product of a description, or falling within a class, specified in an order made by the F2... Ministers for the purposes of this paragraph, where the product is sold or supplied by a registered nurse in the course of her professional practice, or
(b)to the sale or supply of a medicinal product of a description, or falling within a class, specified in an order made by the [F3Ministers] for the purposes of this paragraph, where the product either is sold or supplied by a [F4registered midwife] in the course of her professional practice or is delivered or administered by such a midwife on being supplied in pursuance of arrangements made by [F5the Secretary of State or the Ministry of Health and Social Services for Northern Ireland].
F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Expressions to which a meaning is assigned by subsection (2) of section 11 of this Act have the same meanings in this section as in that section.
Textual Amendments
F1Words in s. 55 heading substituted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 26
F2Word in s. 55(2)(a) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 26(a)(i) (with regs. 2(4), 3)
F3Words in s. 55(2)(b) substituted (1.10.2006) by The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 26(a)(ii) (with regs. 2(4), 3)
F4Words in s. 55(2)(b) substituted (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 1(1), Sch. para. 10(b)
F5Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 128(1)
F6S. 55(3) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 26(b) (with regs. 2(4), 3)
Modifications etc. (not altering text)
C3S. 55 applied (1.1.1995) by S.I. 1994/3142, reg. 18(2)
S. 55 applied (31.3.1997) by S.I. 1997/322, reg. 34, Sch.5
C4S. 55(1) extended by S.I. 1984/187, art. 2
(1)Subject to the following provisions of this section, the restrictions imposed by sections 52 and 53 of this Act do not apply to anything done at premises of which the person carrying on the business in question is the occupier and which he is able to close so as to exclude the public, and which consists of the sale, or offer or exposure for sale, or the supply in circumstances corresponding to retail sale, of a herbal remedy where the processes to which the plant or plants are subjected consist of drying, crushing or comminuting, with or without any subsequent process of tabletting, pill-making, compressing or diluting with water, but not any other process.
(2)Without prejudice to the preceding subsection, but subject to subsection (3) of this section, those restrictions do not apply to the sale or supply of a herbal remedy where the person selling or supplying the remedy sells or supplies it for administration to a particular person after being requested by or on behalf of that person and in that person’s presence to use his own judgment as to the treatment required.
(3)The F7... Ministers may by order provide that subsections (1) and (2) of this section shall not have effect in relation to herbal remedies of a description, of falling within a class, specified in the order.
Textual Amendments
F7Word in s. 56(3) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 27 (with regs. 2(4), 3)
Modifications etc. (not altering text)
C5S. 56 applied (1.1.1995) by S.I. 1994/3142, reg. 18(2)
S. 56 applied (31.3.1997) by S.I. 1997/322, reg. 34, Sch.5
C6S. 56 excluded (30.10.2005) by Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 (S.I. 2005/2750), regs. 1(a), 10(3) (with Sch. 6)
(1)The F8... Ministers may by order provide that section 52 or section 53 of this Act, or both of those sections, shall have effect subject to such exemptions (other than those for the time being having effect by virtue of sections 55 and 56 of this Act) as may be specified in the order.
(2)Any exemption conferred by an order under the preceding subsection may be conferred subject to such conditions or limitations as may be specified in the order.
F9( 2A ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9( 2B ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9( 2C ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9( 2D ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The F10... Ministers may by order provide that subsection (1)(b) or subsection (2) of section 55 of this Act shall cease to have effect, or shall have effect subject to such exceptions or modifications as may be specified in the order.
(4)No order shall be made under subsection (3) of this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
Textual Amendments
F8Word in s. 57(1) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 28(a) (with regs. 2(4), 3)
F9S. 57(2A)-(2D) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 28(b) (with regs. 2(4), 3)
F10Word in s. 57(3) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 28(c) (with regs. 2(4), 3)
Modifications etc. (not altering text)
C7Ss. 57, 58, 61 extended by S.I. 1984/187, art. 2
C8S. 57 applied (1.1.1995) by S.I. 1994/3142, reg. 18(2)
S. 57 applied (31.3.1997) by S.I. 1997/322, reg. 34, Sch.5