Exception for sales of medicines and medical devices in accordance with a prescription etc.

4.—(1) This regulation applies to the sale of a nicotine inhaling product where—

(a) the nicotine inhaling product is a medicinal product or a medical device; and

(b) the circumstances of the sale are such that it would be permitted under Part 12 of the Human Medicines Regulations 2012 (dealings with medicinal products) if the nicotine inhaling product were a prescription only medicine.

(2) For the purposes of paragraph (1)(b), Part 12 of the Human Medicines Regulations 2012 is to be read as if regulation 244 (exemption in cases involving another’s default) were omitted.