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The Medicines (Pharmacy and General Sale— Exemption) Order 1980

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SCHEDULE 1EXEMPTIONS FOR CERTAIN PERSONS FROM SECTIONS 52 AND 53

Article 5(1)(a) and (2)

PART I

Column 1Column 2Column 3
Persons exemptedMedicinal products to which the exemption appliesConditions
1. State registered chiropodists.

1. Medicinal products on a general sale list which are for external use and are not veterinary drugs and the following pharmacy medicines—

Paint containing not more than 9.0 per cent Borotannic complex

Ointment, tincture or dusting powder containing not more than 5.0 per cent Diamthazole hydrochloride Ointment or lotion containing not more than 10.0 per cent Buclosamide or not more than 10.0 per cent Crotamiton

Cream, jelly or powder containing not more than 1.0 per cent Fenticlor

Pastes containing not more than 70.0 per cent Salicylic acid or not more than 70.0 per cent Pyrogallol

Powder or cream containing not more than 2.0 per cent 1-Phenoxypropan-2-01

Dusting powder or jelly or tincture containing not more than 0.4 per cent Hydrargaphen

Potassium permanganate crystals or solution

Cream, powder or solution containing not more than 1.0 per cent Clotrimazole

Ointment containing not more than 3.0 per cent Chlorquinaldol

Solution containing not more than 10.0 per cent Glutaraldehyde

Ointment containing Hyaluronidase and a heparinoid

Cream containing not more than 2.0 per cent Mepyramine maleate

Cream or powder containing not more than 2.0 per cent Miconazole nitrate

Cream, jelly or powder containing not more than 10.0 per cent Polynoxylin

Salicylic Acid Lotion BPC

Cream or tincture containing not more than 0.1 per cent Thiomersal.

1. The sale or supply shall be only in the course of their professional practice, and the medicinal product must have been made up for sale or supply in a container elsewhere than at the place at which it is sold or supplied.
2. Registered ophthalmic opticians.

2. All medicinal products on a general sale list, all pharmacy medicines and prescription only medicines which are not for parenteral administration and which—

(a) are eye drops or eye ointments and are prescription only medicines by reason only that they contain:

(i) Mafenide propionate,

(ii) not more than 30.0 per cent Sulphacetamide Sodium, or

(iii) Sulphafurazole diethanolamine equivalent to not more than 4.0 per cent Sulphafurazole, or

(b) are prescription only medicines by reason only that they contain any of the following substances:

  • Atropine sulphate

  • Bethanecol chloride

  • Carbachol

  • Cyclopentolate hydrochloride

  • Homatropine hydrobromide

  • Hyoscine hydrobromide

  • Naphazoline hydrochloride

  • Naphazoline nitrate

  • Neostigmine methylsulphate

  • Physostigmine salicylate

  • Physostigmine sulphate

  • Pilocarpine hydrochloride

  • Pilocarpine nitrate

  • Tropicamide.

2. The sale or supply shall be only in the course of their professional practice and only in an emergency.
3. Holders of manufacturer's licences where the licence in question contains a provision that the licence holder shall manufacture the medicinal product to which the licence relates only for 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. Medicinal products on a general sale list which are for external use and are not veterinary drugs and pharmacy medicines which are for external use in the treatment of hair and scalp conditions and which contain any of the following—

not more than 5.0 per cent of Boric acid

Isopropyl myristate or Lauryl sulphate

not more than 0.004 per cent Oestrogens

not more than 1.0 per cent of Resorcinol

not more than 3.0 per cent of Salicylic acid

not more than 0.2 per cent of Sodium pyrithione or Zinc pyrithione.

3. The licence holder shall sell or supply the medicinal product in question only 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.
4. Persons selling or supplying medicinal products to universities, other institutions concerned with higher education or institutions concerned with research.4. All medicinal products.

4. The sale or supply shall be—

(a) Subject to the presentation of an order signed by the principal of the institution concerned with education or research or the appropriate head of department in charge of a specified course of research stating—

(i) the name of the institution for which the medicinal product is required,

(ii) the purpose for which the medicinal product is required, and

(iii) the total quantity required, and

(b) for the purposes of the education or research with which the institution is concerned.

5. Persons selling or supplying medicinal products to any of the following—

(1) a public analyst appointed under section 89 of the Food and Drugs Act 1955, section 27 of the Food and Drugs (Scotland) Act 1956 or section 31 of the Food and Drugs Act (Northern Ireland) 1958

(2) an agricultural analyst appointed under section 67 of the Agriculture Act 1970,

(3) a person duly authorised by an enforcement authority under sections 111 and 112,

(4) a sampling officer within the meaning of the Food and Drugs Act 1955, the Food and Drugs (Scotland) Act 1956 or the Food and Drugs Act (Northern Ireland) 1958, or

(5) a sampling officer within the meaning of Schedule 3 to the Act

5. All medicinal products.5. The sale or supply shall be subject to the presentation of an order signed by, or on behalf of, any person listed in sub-paragraphs (1), (2), (3), (4) or (5) of column 1 of this paragraph stating the status of the person signing it and the amount of the medicinal product required, and shall be only in connection with the exercise by those persons of their statutory functions.
6. Persons selling or supplying medicinal products to any person employed or engaged in connection with a scheme for testing the quality and checking the amount of the drugs and appliances supplied under the National Health Service Act 1977, the National Health Service (Scotland) Act 1978 and the Health and Personal Social Services (Northern Ireland) Order 1972 or under any subordinate legislation made under those Acts or that order.6. All medicinal products.

6. The sale or supply shall be—

(a) subject to the presentation of an order signed by or on behalf of the person so employed or engaged stating the status of the person signing it and the amount of the medicinal product required, and

(b) for the purposes of a scheme referred to in column 1 in this paragraph.

7. Persons providing a poultry vaccination service.7. The poultry vaccines listed in paragraph 11 of Schedule 1 to the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) Order 1979.(1).7. The sale or supply shall be only to a person who has charge of animals for the purposes of and in the course of carrying on a business, either as his sole business activity or as a substantial part of his business activities.
8. Persons selling or supplying medicinal products to the persons referred to in paragraph 7.8. The poultry vaccines referred to in paragraph 7.8. The sale or supply shall be subject to the presentation of an order signed by the purchaser stating the amount of the poultry vaccine required.
9. Persons selling or supplying medicinal products to veterinary surgeons and veterinary practitioners.9. All medicinal products.9. No conditions.
10. Persons selling or supplying medicinal products to the British Standards Institution.10. All medicinal products.

10. The sale or supply shall be—

(a) subject to the presentation of an order signed on behalf of the British Standards Institution stating the status of the person signing it and the amount of the medicinal of the medicinal product required, and

(b) only for the purpose of testing containers of medicinal products or determining the standards for such containers.

11. Holders of product licences and holders of manufacturer's licences.11. Medicinal products referred to in the licences.

11. The sale or supply shall be only—

(a) to a pharmacist,

(b) so as to enable that pharmacist to prepare an entry relating to the medicinal product in question in a tablet or capsule identification guide or similar publication, and

(c) of no greater quantity than is reasonably necessary for that purpose.

Article 5(1)(b) and (2)

PART II

Column 1Column 2Column 3
Persons exemptedMedicinal products to which the exemption appliesConditions
1. Royal National Lifeboat Institution and certificated first aiders of the Institution.1. All medicinal products.1. The supply shall be only so far as is necessary for the treatment of sick or injured persons.
2. British Red Cross Society and certificated first aid and certificated nursing members of the Society.2. All pharmacy medicines and all medicinal products on a general sale list.2. The supply shall be only so far as is necessary for the treatment of sick or injured persons.
3. St. John Ambulance Association and Brigade and certificated first aid and certificated nursing members of the Association and Brigade.3. All pharmacy medicines and all medicinal products on a general sale list.3. The supply shall be only so far as is necessary for the treatment of sick or injured persons.
4. St. Andrew's Ambulance Association and certificated first aid and certificated nursing members of the Association.4. All pharmacy medicines and all medicinal products on a general sale list.4. The supply shall be only so far as is necessary for the treatment of sick or injured persons.
5. Order of Malta Ambulance Corps and certificated first aid and certificated nursing members of the Corps.5. All pharmacy medicines and all medicinal products on a general sale list.5. The supply shall be only so far as is necessary for the treatment of sick or injured persons.
6. Persons authorised by licences granted under regulation 5 of the Misuse of Drugs Regulations 1973(2) or regulation 5 of the Misuse of Drugs (Northern Ireland) Regulations 1974(3) to supply a controlled drug.6. Such prescription only medicines and such pharmacy medicines as are specified in the licence.6. The supply shall be subject to such conditions and in such circumstances and to such an extent as may be specified in the licence.
7. Persons requiring medicinal products for the purpose of enabling them, in the course of any business carried on by them, to comply with any requirements made by or in pursuance of any enactment with respect to the medical treatment of their employees.7. Such prescription only medicines and such pharmacy medicines as may be specified in the relevant enactment and medicinal products on a general sale list.

7. The supply shall be—

(a) for the purpose of enabling them to comply with any requirements made by or in pursuance of any such enactment, and

(b) subject to such conditions and in such circumstances as may be specified in the relevant enactment.

8. The owner or the master of a ship which does not carry a doctor on board as part of her complement.8. All medicinal products.8. The supply shall be only so far as is necessary for the treatment of persons on the ship.
9. Persons operating an occupational health scheme.9. All pharmacy medicines, all medicinal products on a general sale list and such prescription only medicines as are sold or supplied to a person operating an occupational health scheme in response to an order in writing signed by a doctor, a registered nurse or an enrolled nurse.

9.—(1) The supply shall be in the course of an occupational health scheme.

(2) The individual supplying the medicinal product, if not a doctor, shall be—

(a) a registered nurse or an enrolled nurse, and

(b) where the medicinal product in question is a prescription only medicine, acting in accordance with the written instructions of a doctor as to the circumstances in which prescription only medicines of the description in question are to be used in the course of the occupational health scheme.

10. Persons carrying on the business of a school providing full-time education.10. Pharmacy medicines that are for use in the prevention of dental caries and consist of or contain Sodium Fluoride.

10. The supply shall be—

(a) in the course of a school dental scheme, and

(b) if to a child under 16 only where the parent or guardian of that child has consented to such supply.

11. Health authorities.11. Pharmacy medicines that are for use in the prevention of dental caries and consist of or contain Sodium Fluoride.

11. The supply shall be in the course of—

(a) a pre-school dental scheme, and the individual supplying the medicinal product shall be a registered nurse or an enrolled nurse, or

(b) a school dental scheme, and if to a child under 16 only where the parent or guardian of that child has consented to such supply.

12. The operator or commander of an aircraft.12. All pharmacy medicines, all medicinal products on a general sale list and prescription only medicines which are not for parenteral administration and which have been sold or supplied to the operator or commander of the aircraft in response to an order in writing signed by a doctor.12. The supply shall be only so far as is necessary for the immediate treatment of sick or injured persons on the aircraft and, in the case of a prescription only medicine, shall be in accordance with the written instructions of a doctor as to the circumstances in which prescription only medicines of the description in question are to be used on the aircraft.
(1)

relevant amending instruments are S.I. 1980/283, 1650.

(2)

to which there are no amendments relevant to this order.

(3)

to which there are no amendments relevant to this order.

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