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Modifications etc. (not altering text)
C1Pt. 12 modified (E.W.) (1.10.2015) by The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 (S.I. 2015/895), regs. 1(3), 4(2)
217B.—(1) Subject to paragraphs (2) to (4) and regulation 217C, for the purposes of this Part, the sale or supply of a prescription only medicine is in accordance with a prescription (and with the directions contained in the prescription) where—
(a)a different quantity is sold or supplied to that ordered on the prescription in order to allow for the sale or supply of the medicine in its manufacturer’s original outer packaging; and
(b)the sale or supply is otherwise in accordance with the prescription.
(2) Paragraph (1) does not apply—
(a)to the sale or supply of a different quantity to that ordered on the prescription in circumstances where the different quantity is more than 10% greater or more than 10% less than the quantity ordered on the prescription; or
(b)in circumstances where a pharmacist is carrying out or supervising the sale or supply and the pharmacist considers, in the exercise of their professional skill and judgement, that the sale or supply of a different quantity to that ordered on the prescription may mean that the patient does not, or is not able to, follow the medication regimen as intended by the prescriber.
(3) Paragraph (2) does not apply to—
(a)a medicine in a form that makes it not practicable to dispense in the exact quantity ordered;
(b)a medicine in a container that has an integral means of application or from which it is not practicable to dispense an exact quantity;
(c)a medicine that cannot be dispensed in the quantity ordered without adversely affecting the medicine.
(4) Paragraphs (1) to (3) do not apply in relation to a supply of a prescription only medicine that is subject to—
(a)in England, paragraph 8(1)(b) of Schedule 4, or paragraph 6(1)(b) of Schedule 7, to the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013,
(b)in Wales, paragraph 9(1)(b) of Schedule 5 to the National Health Service (Pharmaceutical Services) (Wales) Regulations 2020,
until those Regulations expressly apply paragraphs (1) to (3) to those supplies.]
Textual Amendments
F1Regs. 217B, 217C inserted (E.W.S.) (11.10.2023) by The Human Medicines (Amendment Relating to Original Pack Dispensing) (England and Wales and Scotland) Regulations 2023 (S.I. 2023/1015), regs. 1(2), 2(2)