Amendment of regulation 1 of the principal Regulations2
In regulation 1 of the principal Regulations (citation, commencement and interpretation), in paragraph (3)—
a
for the definition of “health service hospital”, substitute—
“health service hospital” means a hospital owned or managed by a health service body;
b
for the definition of “independent hospital”, substitute—
“independent hospital”—
- a
in England and Wales, has the same meaning as in section 2 of the Care Standards Act 20005,
- b
in Scotland, has the same meaning as in section 2 of the Regulation of Care (Scotland) Act 20016, and
- c
in Northern Ireland, has the same meaning as in article 2 of the Health and Personal Social Services (Quality, Improvement and Regulation)(Northern Ireland) Order 20037
c
for the definition of “registered person”, substitute—
“registered person” means the person registered as the manager of an independent hospital, a care home or an independent clinic following an application to be registered as such pursuant to—
- a
section 12(3) of the Care Standards Act 2000,
- b
section 7(1) of the Regulation of Care (Scotland) Act 2001, or
- c
article 13(1) of the Health and Personal Social Services (Quality, Improvement and Regulation)(Northern Ireland) Order 2003
d
insert, in the appropriate alphabetical places, the following definitions—
“biomedical research institution” means any body which carries out biomedical research;
“care home”—
- a
in England and Wales, has the same meaning as in section 3 of the Care Standards Act 2000,
- b
in Scotland, has the same meaning as in section 2 of the Regulation of Care (Scotland) Act 2001, and
- c
in Northern Ireland, has the same meaning as in article 2 of the Health and Personal Social Services (Quality, Improvement and Regulation)(Northern Ireland) Order 2003;
“Commission Directive 2005/62/EC” means Commission Directive 2005/62/EC of 30th September 2005 implementing Directive 2002/98/EC of the European Parliament and of the Council as regards Community standards and specifications relating to a quality system for blood establishments8;
“facility” means—
- a
a hospital,
- b
any other facility or service owned or managed by a health service body,
- c
a care home,
- d
an independent clinic,
- e
a manufacturer, or
- f
a biomedical research institute;
“imputability” means the likelihood that a serious adverse reaction in a recipient can be attributed to the blood or blood component transfused, or that a serious adverse reaction in a donor can be attributed to the donation process;
“independent clinic”—
- a
in England and Wales, has the same meaning as in section 2 of the Care Standards Act 2000,
- b
in Scotland, has the same meaning as in section 2 of the Regulation of Care (Scotland) Act 2001, and
- c
in Northern Ireland, has the same meaning as in article 2 of the Health and Personal Social Services (Quality, Improvement and Regulations)(Northern Ireland) Order 2003;
“issue” means the provision of blood or blood components by a blood establishment or a hospital blood bank for transfusion to a recipient;
“manufacturer” means a person who—
- a
holds a licence under section 8(2) of the Medicines Act 19689 to manufacture medicinal products;
- b
holds an authorisation to manufacture an investigational medicinal product granted pursuant to regulation 36 of the Medicines for Human Use (Clinical Trials) Regulations 200410; or
- c
falls within the definition of “manufacturer” in paragraph (1) of regulation 2 of the Medical Devices Regulations 200211;
“person responsible for the management of a facility” means—
- a
in the case of a hospital, facility or service which is owned or managed by an NHS body, that body,
- b
in the case of an independent hospital, an independent clinic or a care home, the registered person,
- c
in the case of a manufacturer or a biomedical research institution, the manufacturer or biomedical research institution;
“person responsible for the management of a reporting establishment” means a blood establishment, the person responsible for the management of a facility or the person responsible for the management of a hospital blood bank;
“recipient” means a person who has been transfused with blood or blood components;
“reporting establishment” means the blood establishment, the hospital blood bank or the facility where the transfusion takes place;
“third country” means any country other than a Member State; and
“traceability” means the ability to trace each individual unit of blood or blood component from the donor to its final destination (whether this is a recipient, a manufacturer of medicinal products or disposal) and from its final destination back to the donor;