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5.—(1) Subject to the exceptions specified in paragraph (2), no person—
(a)being the holder of a product licence, or
(b)in the course of a business carried on by him and consisting (wholly or partly) of manufacturing medicinal products or of selling medicinal products by way of wholesale dealing,
shall sell a prescription only medicine or a pharmacy medicine by way of wholesale dealing to any person who does not fall within a class specified in Schedule 1.
(2) Notwithstanding the restriction imposed by paragraph (1), there may be sold by way of wholesale dealing—
(a)to any person specified in column 1 of Schedule 4 to the Prescription Only Order, prescription only medicines specified in relation to that person in column 2 of that Schedule;
(b)to any person, such prescription only medicines referred to in Article 8 of the Prescription Only Order (certain products at dilutions of at least one part in a million) as that person may, by virtue of that Article, sell by retail or supply in circumstances corresponding to retail sale or administer free from the restrictions imposed by section 58;
(c)to a registered ophthalmic optician, eye ointment containing Oxyphenbutazone and prescription only medicines which are prescription only medicines by reason only that they contain any one or more of the following substances—
Amethocaine hydrochloride
Framycetin sulphate
Lignocaine hydrochloride
Oxybuprocaine hydrochloride
Proxymetacaine hydrochloride
Thymoxamine hydrochloride;
(d)to persons in relation to whom the restriction imposed by section 58(2)(b) (restriction on administration) does not apply by virtue of Article 12 of the Prescription Only Order, prescription only medicines for parenteral administration that are for the purpose of being administered to human beings in the circumstances specified in paragraph (2) of that Article;
(e)to any person who requires pharmacy medicines for the purpose of administering them to human beings in the course of a business carried on by him, pharmacy medicines which are for the purpose of being so administered;
(f)to any person who, by virtue of an exemption from the restrictions imposed by section 52 conferred either by section 56 or by an order made under section 55(2)(b) or section 57(1)(1), is enabled to sell by retail or supply in circumstances corresponding to retail sale pharmacy medicines referred to in those exemptions otherwise than by or under the supervision of a pharmacist, the pharmacy medicines referred to in those exemptions.
The relevant orders are the Medicines (Retail Sale or Supply of Herbal Remedies) Order 1977 (S.I. 1977/2130), the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) Order 1979 (S.I. 1979/45, amended by S.I. 1980/283, 1650) and the Medicines (Pharmacy and General Sale-Exemption) Order 1980 (S.I. 1980/1924).
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