Medicines
(Amendment No. 3) (Jersey) Law 2011
A LAW to amend further the Medicines
(Jersey) Law 1995
Adopted by the
States 19th July 2011
Sanctioned by
Order of Her Majesty in Council 12th October 2011
Registered by the
Royal Court 21st
October 2011
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law, “principal Law” means the Medicines
(Jersey) Law 1995[1].
2 Article
1 amended
In Article 1(1) of the principal Law, the following definition
shall be inserted after the definition of “animal feeding stuff” –
“ ‘appropriate
practitioner’ means a person of a description, or class, specified under
Article 57(1)(b);”.
3 Article
54 amended
In Article 54(1)(b) of the principal Law for the words “a
doctor or dentist” there shall be substituted the words “an
appropriate practitioner”.
4 Article
57 amended
For Article 57 of the principal Law there shall be substituted
the following Article –
“57 Medicinal
products on prescription only
(1) The Minister may by Order specify the
following matters for the purposes of this Article –
(a) descriptions, or classes, of medicinal
products;
(b) descriptions, or classes, of persons (being doctors,
dentists, veterinary surgeons, registered nurses, certified midwives or other practitioners
or other persons), being persons that the Minister thinks fit to be appropriate
practitioners.
(2) Subject to the following provisions of this
Article –
(a) no person shall sell by retail, or supply in
circumstances corresponding to retail sale, a medicinal product of a
description, or falling within a class, specified under paragraph (1)(a)
except in accordance with a prescription given by an appropriate practitioner;
and
(b) no person shall administer (otherwise than
to himself or herself) a medicinal product of a description, or falling within
a class, specified under paragraph (1)(a) unless the person is –
(i) an
appropriate practitioner, or
(ii) a
person acting in accordance with the directions of an appropriate practitioner.
(3) Paragraph (2)(a) shall not apply –
(a) to the sale or supply of a medicinal product,
to a patient of his or hers, by a person who is an appropriate practitioner other
than a veterinary surgeon; or
(b) to the sale or supply of a medicinal
product, for administration to an animal or herd under his or her care, by a
veterinary surgeon who is an appropriate practitioner.
(4) Without prejudice to paragraph (3), an
Order made under paragraph (1) may include provision for one or more of
the following matters –
(a) that paragraph (2)(a) or (b), or both
those sub-paragraphs, shall have effect subject to such exemptions as may be specified
in the Order;
(b) that, for the purpose of paragraph (2),
a medicinal product shall not be taken to be –
(i) sold
or supplied in accordance with a prescription given by an appropriate
practitioner, or
(ii) administered
by an appropriate practitioner or a person acting in accordance with the
directions of an appropriate practitioner,
unless such conditions or
limitations as are specified by the Order are complied with in relation to any
of the following matters –
(A) the
relevant classes of appropriate practitioner,
(B) the
relevant classes of medicinal product,
(C) the
sale, supply, use or administration, of the medicinal product,
(D) the
prescription,
(E) any
other matter that the Minister thinks fit.
(5) Any exemption conferred by an Order in
accordance with paragraph (4)(a) may be conferred subject to such
conditions or limitations as may be specified in the Order.”.
5 Article 63
amended
In Article 63(5) of the principal Law for the words “a
practitioner” there shall be substituted the words “an appropriate
practitioner”.
6 Article 64
amended
In Article 64(1)(b) of the principal Law for the words “a
practitioner” there shall be substituted the words “an appropriate
practitioner”.
7 Article 88
amended
In Article 88(3)(a) and (b) of the principal Law for the words
“a practitioner”, in each place where they occur, there shall be
substituted the words “an appropriate practitioner”.
8 Article 90
amended
In Article 90(2)(c) of the principal Law for the words “a
practitioner”, in each place where they occur, there shall be substituted
the words “an appropriate practitioner”.
9 Article
91 amended
In Article 91 of the principal Law –
(a) in
the heading for the word “practitioners” there shall be substituted
the words “appropriate practitioners”;
(b) in
paragraphs (1) and (2) for the words “a practitioner”, in each
place where they occur, there shall be substituted the words “an
appropriate practitioner”.
10 Citation,
commencement and saving
(1) This
Law may be cited as the Medicines (Amendment No. 3) (Jersey) Law 2011.
(2) This
Law shall come into force on the seventh day after it is registered.
(3) An
Order that –
(a) is in
force under Article 57 of the principal Law immediately before the
substitution of that Article by this Law; and
(b) could
have been made under that Article as so substituted,
shall continue in force as if it had been made under that Article as
so substituted.
(4) Anything
done, whether before or after that substitution, pursuant to such an Order
shall not be affected by that substitution.
m.n. de la haye
Greffier of the States