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The Human Medicines Regulations 2012

Type Statutory-Instrument

Publication 2012-07-19

Last updated 2026-03-31

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 19th July 2012

Laid before Parliament: 24th July 2012

Coming into force: 14th August 2012

The Secretary of State and the Minister for Health, Social Services and Public Safety make the following Regulations. They do so in exercise of the powers conferred by section 2(2) and (5) of the European Communities Act 1972, having been designated for the purposes of section 2(2) of that Act in relation to medicinal products and to measures in the veterinary and phytosanitary fields for the protection of public health. They do so in exercise also of the powers conferred by sections 87(1), 88(1) and (2), 91(2), and 129(1), (2) and (5) of the Medicines Act 1968, having consulted such organisations as appear to them to be representative of interests likely to be substantially affected by these Regulations in accordance with section 129(6) of that Act.

PART 1 — General

Citation and commencement

1

(1) These Regulations may be cited as the Human Medicines Regulations 2012.

(2) These Regulations come into force on 14th August 2012.

Medicinal products

2

(1) In these Regulations “medicinal product” means—

(a) any substance or combination of substances presented as having properties of preventing or treating disease in human beings; or

(b) any substance or combination of substances that may be used by or administered to human beings with a view to—

(i) restoring, correcting or modifying a physiological function by exerting a pharmacological, immunological or metabolic action, or

(ii) making a medical diagnosis.

(2) These Regulations do not apply to—

(a) whole human blood; or

(b) any human blood component, other than plasma prepared by a method involving an industrial process.

Scope of these Regulations: special provisions

3

(1) Regulation 17(1) (manufacturing of medicinal products: requirement for licence) shall not apply in circumstances where paragraph (4) applies.

(2) Regulations 17(1) (manufacturing of medicinal products: requirement for licence) and 46 (requirement for authorisation) shall not apply in circumstances where paragraph (5) , (5A) , (5B) or (6) applies.

(3) These Regulations do not apply where paragraph (7) applies.

(4) This paragraph applies where a medicinal product is assembled by a registered nurse or a registered midwife if—

(a) the nurse or midwife is acting in the course of his or her profession; and

(b) the conditions in paragraphs (8) and (9) are met.

(5) This paragraph applies where a medicinal product is manufactured or assembled by a doctor or dentist and the conditions in paragraphs (8) and (9) are met.

(5A) This paragraph applies where a medicinal product is assembled in a registered pharmacy on behalf of a doctor with a view to its supply as part of arrangements of the type mentioned in regulation 222A(1)(b), where—

(a) an order for the supply of that medicinal product to or for the use of a particular patient was submitted by or on behalf of the doctor as part of the provision of NHS pharmaceutical services; and

(b) the condition in paragraph (8) is met.

(5B) This paragraph applies where a medicinal product is manufactured or assembled by a pharmacist—

(a) who is acting in the course of his or her profession; and

(b) where—

(i) the conditions in paragraphs (8) and (9) are met, and

(ii) treatment of the patient with the medicinal product is a treatment decision of the pharmacist.

(6) This paragraph applies where a herbal medicinal product is manufactured or assembled by a person (“A”) if—

(a) the manufacture or assembly takes place on premises occupied by A and from which A can exclude the public;

(b) the product is for administration to a person (“B”) and A has been requested by or on behalf of B, and in B's presence, to use A's judgment as to the treatment required;

(d) the product does not contain a substance listed in Part 2 of that Schedule, unless the product is sold or supplied—

(i) in or from containers or packages labelled to show a dose not exceeding the maximum dose or maximum daily dose specified in column 2 of that Part, or

(ii) in the case of a product for external use only, with a percentage of the substance in the product that does not exceed the percentage specified in column 3 of that Part; and

(e) the condition in paragraph (9) is met.

(7) This paragraph applies where the product is a radionuclide that is in the form of a sealed source.

(8) This condition is that the medicinal product is supplied—

(a) to a patient in the course of the treatment of that patient; or

(b) in a case to which paragraph (5) applies, to a patient of another doctor or dentist who is a member of the same medical or dental practice.

(9) This condition is that the medicinal product is not manufactured or, as the case may be, assembled—

(a) on a large scale; or

(b) by an industrial process.

(10) Chapter 1 of Part 13 (requirements for packaging and package leaflets relating to medicinal products) does not apply to a medicinal product that is sold or supplied in circumstances where paragraph (11) , (11A) or (12) applies in relation to the product, except to the extent set out in paragraph (14), but the requirements of paragraph (13) shall apply.

(11) This paragraph applies where a medicinal product is the result of a process of manufacture to which regulation 17(1) does not apply by virtue of paragraph (5) , (5B) or (6).

(11A) This paragraph applies where a medicinal product is the result of a process of assembly to which regulation 17(1) does not apply by virtue of paragraph (5A).

(12) This paragraph applies in the case of a medicinal product where—

(a) the product is the result of a process of assembly of an authorised medicinal product;

(b) regulation 17(1) does not apply to the process of assembly by virtue of paragraph (4) , (5) , (5A) or (5B);

(d) by reason of that change the product so assembled is not sold or supplied in accordance with the terms of—

(i) the UK marketing authorisation,

(ia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) the certificate of registration,

(iii) the traditional herbal registration, or

(iv) the Article 126a authorisation,

that relates to the authorised medicinal product.

(13) The information specified in Part 1 of Schedule 26 must appear on the outer packaging, or, if there is no outer packaging, on the immediate packaging of a medicinal product that is sold or supplied in circumstances—

(a) where paragraph (11) applies to the product, except in the case of a product manufactured in accordance with paragraph (6); or

(b) where paragraph (12) applies in relation to the product.

(14) Regulations 269 (offences relating to packaging and package leaflets: other persons) and 271 (offences: penalties) shall have effect in relation to paragraph (13) as if that paragraph were a requirement of Part 13.

(15) For the purposes of this regulation and regulation 4 (special provisions for pharmacies etc), a medicinal product is authorised if there is in force for the product—

(a) a UK marketing authorisation;

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a certificate of registration;

(d) an Article 126a authorisation.

Special provisions for pharmacies etc

4

(1) Regulations 17(1) (manufacturing of medicinal products: requirement for licence) and 46 (requirement for authorisation) do not apply where any provision of section 10 of the Medicines Act 1968 so provides.

(2) Chapter 1 of Part 13 (requirements for packaging and package leaflets relating to medicinal products) does not apply to a medicinal product that is sold or supplied in circumstances where paragraph (3) or (4) applies in relation to the product, except to the extent set out in paragraph (6), but the requirements of paragraph (5) shall apply.

(3) This paragraph applies in a case where a medicinal product is the result of a process of manufacture to which regulation 17(1) does not apply by virtue of any provision of section 10 of the Medicines Act 1968.

(4) This paragraph applies in the case of a medicinal product where—

(a) the product is the result of a process of assembly of a medicinal product that is an authorised medicinal product within the meaning of regulation 3(15);

(b) regulation 17(1) does not apply to the process of assembly by virtue of any provision of section 10 of the Medicines Act 1968;

(d) by reason of that change the product so assembled is not sold or supplied in accordance with the terms of—

(i) the UK marketing authorisation,

(ia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) the certificate of registration,

(iii) the traditional herbal registration, or

(iv) the Article 126a authorisation,

that relates to the authorised medicinal product.

(5) The information specified in Part 2 of Schedule 26 must appear on the outer packaging, or, if there is no outer packaging, on the immediate packaging of a medicinal product that is sold or supplied in circumstances where paragraph (3) or (4) applies in relation to the product.

(6) Regulations 269 (offences relating to packaging and package leaflets in Great Britain: other persons), 269A (offences relating to packaging and package leaflets in Northern Ireland: other persons) and 271 (offences: penalties) shall have effect in relation to paragraph (5) as if that paragraph were a requirement of Part 13.

Classification of medicinal products

5

(1) In these Regulations references to a medicinal product subject to general sale are to a product that is not a prescription only medicine or a pharmacy medicine but is—

(a) a product that is covered by an authorisation of which it is a term that the product is to be available on general sale.

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In paragraphs (1)(a) and (5)(a) “authorisation” means—

(a) a UK marketing authorisation;

(b) a certificate of registration;

(d) in the case of a medicinal product for sale or supply in Northern Ireland, an Article 126a authorisation.

(3) In these Regulations references to a prescription only medicine are to any of the following—

(a) a medicinal product that is covered by an authorisation of which it is a term that the product is to be available only on prescription;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a medicinal product that is the result of—

(i) the assembly, or

(ii) the reformulation (including the combining with other substances),

of a medicinal product that is a prescription only medicine by virtue of sub-paragraph (a) ....

(4) In paragraph (3)(a) “authorisation” means—

(a) a UK marketing authorisation; or

(b) in the case of a medicinal product for sale or supply in Northern Ireland (that is not a listed NIMAR product), an Article 126a authorisation.

(5) In these Regulations references to a pharmacy medicine are to a medicinal product that is not a prescription only medicinal product or a medicinal product subject to general sale but is—

(a) covered by an authorisation of which it is a term that the product is to be available only from a pharmacy;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the result of—

(i) the assembly, or

(ii) the reformulation (including the combining with other substances),

of a medicinal product that is a pharmacy medicine by virtue of sub-paragraph (a) ....

The licensing authority and the Ministers

6

(1) The licensing authority is responsible for the grant, renewal, variation, suspension and revocation of licences, authorisations, certificates , designations, opinions and registrations under these Regulations.

(2) In these Regulations “the licensing authority” means either or both of the Ministers.

(3) Any function that—

(a) is conferred on “the licensing authority” by these Regulations; or

(b) is a function within paragraph (4),

may be exercised by either of the Ministers acting alone or by both of them acting jointly.

(4) The functions of a member State, or of the competent authority of a member State, under any of the relevant EU provisions are to be exercised by the licensing authority if—

(a) they relate to medicinal products; and

(b) they are to be exercised by, or by any authority of, the United Kingdom.

(5) Paragraph (4) does not apply to any function that is conferred by these Regulations on a person or body other than the licensing authority.

(6) In these Regulations “the Ministers” means—

(a) the Secretary of State; and

(b) the Minister for Health, Social Services and Public Safety.

(7) Any function that is conferred on “the Ministers” by these Regulations is to be exercised by the Ministers acting jointly.

(8) Paragraph (7) does not apply where these Regulations provide for a function of the Ministers to be exercised by either of them acting alone or both of them acting jointly.

Advertisements relating to medicinal products

7

(1) In these regulations “advertisement”, in relation to a medicinal product, includes anything designed to promote the prescription, supply, sale or use of that product.

(2) This includes, in particular, the following activities—

(a) door-to-door canvassing;

(b) visits by medical sales representatives to persons qualified to prescribe or supply medicinal products;

(d) the provision of inducements to prescribe or supply medicinal products by the gift, offer or promise of any benefit or bonus, whether in money or in kind, except where the intrinsic value of such inducements is minimal;

(e) the sponsorship of promotional meetings attended by persons qualified to prescribe or supply medicinal products; and

(f) the sponsorship of scientific congresses attended by persons qualified to prescribe or supply medicinal products, including the payment of their travelling and accommodation expenses in that connection.

(3) But references in these Regulations to an “advertisement” do not include any of the following—

(a) a medicinal product's package or package leaflet;

(b) reference material and announcements of a factual and informative nature, including—

(i) material relating to changes to a medicinal product's package or package leaflet,

(ii) adverse reaction warnings,

(iii) trade catalogues, and

(iv) price lists,

provided that no product claim is made; or

(c) correspondence, which may be accompanied by material of a non-promotional nature, answering a specific question about a medicinal product.

(d) In this regulation “person qualified to prescribe or supply medicinal products” has the meaning given in regulation 277(1) (interpretation: Part 14 advertising).

General interpretation

8

(1) In these Regulations (unless the context otherwise requires)—

“the 2001 Directive” means Directive 2001/83/EC of the European Parliament and of the Council on the Community Code relating to medicinal products for human use;

“the 2018 Regulations” means the Health Service Products (Provision and Disclosure of Information) Regulations 2018;

“active implantable medical device”— has the meaning given in regulation 2 of the Medical Devices Regulations 2002; orto the extent necessary for the practical application of that definition, also or instead has the meaning given in regulation 137 of those Regulations;

“active substance” means any substance or mixture of substances intended to be used in the manufacture of a medicinal product and that, when used in its production, becomes an active ingredient of that product intended to exert a pharmacological, immunological or metabolic action with a view to restoring, correcting or modifying physiological functions or to make a medical diagnosis;

“administer” means administer to a human being—orally, by injection, or by introduction into the body in any other way; orby external application (whether or not by direct application to the body),and any reference in these Regulations to administering anything is to administering it in its existing state or after it has been dissolved or dispersed in, or diluted or mixed with, a substance used as a vehicle;

“adverse reaction” means a response to a medicinal product that is noxious and unintended;

“advisory body” has the meaning given by regulation 12(1);

“agreed paediatric investigation plan” means a paediatric investigation plan which the licensing authority has agreed in accordance with regulation 50B;

“Annex I to the 2001 Directive” means, in relation to UKMA(GB) or UKMA(UK)(Category 1), Annex I to the 2001 Directive, as modified in accordance with Schedule 8B;

“approved country for batch testing list” means the list published by the licensing authority under paragraph 14(3) of Schedule 7 (obligations of qualified persons) and “approved country for batch testing” means a country included in that list;

“approved country for import list” means the list published by the licensing authority under regulation 18A (approved country for import) and “approved country for import” means a country included in that list;

“appropriate practitioner” means an appropriate practitioner within the meaning of regulation 214;

“Article 126a authorisation” means an authorisation granted by the licensing authority under Part 8 of these Regulations;

“assemble”, in relation to a medicinal product or an active substance, includes the various processes of dividing up, packaging and presentation of the product or substance, and “assembly” has a corresponding meaning;

“biological medicinal product” and “biological substance” have the meaning given in the third indent of paragraph 3.2.1.1.(b) of Annex I to the 2001 Directive;

“blood component” means any of the following—red cells;white cells;platelets; andplasma;

“the British Pharmacopoeia” means the British Pharmacopoeia referred to in regulation 317;

“brokering” means all activities in relation to the sale or purchase of medicinal products, except for wholesale distribution, that do not include physical handling and that consist of negotiating independently and on behalf of another legal or natural person;

“business” includes—a professional practice;any activity carried on by a body of persons whether corporate or unincorporated; andthe provision of services by or on behalf of the Secretary of State, the Minister for Health, Social Services and Public Safety, the Welsh Ministers or the Scottish Ministers as the case may be under the following enactments—the National Health Service Act 2006 ,the Health and Personal Social Services (Northern Ireland) Order 1972 and the Health and Social Care (Reform) Act (Northern Ireland) 2009 ,the National Health Service (Wales) Act 2006 ,the National Health Service (Scotland) Act 1978 ;

“certificate of registration” means a certificate of registration granted by the licensing authority under Part 6 of these Regulations and—“COR(UK)” means such a certificate in force in the whole United Kingdom;“COR(GB)” means such a certificate in force in Great Britain only;“COR(NI)” means such a certificate in force in Northern Ireland only;

“clinical management plan” means a written plan relating to the treatment of an individual patient and agreed by—the patient;the doctor or dentist who is a party to the plan; andany supplementary prescriber who is to prescribe, give directions for administration or administer under the plan;

“clinical trial” has the meaning given by regulation 2 of the Clinical Trials Regulations;

“the Clinical Trials Directive” means Directive 2001/20/EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use ;

“the Clinical Trials Regulations” means the Medicines for Human Use (Clinical Trials) Regulations 2004 ;

“the Commission” has the meaning given by regulation 9(1);

“common name” in relation to a medicinal product, active substance or excipient means—its international non-proprietary name recommended by the World Health Organisation; orif such a name does not exist, its usual common name;

“the Committee for Medicinal Products for Human Use” means the committee established under Article 5(1) of Regulation (EC) No 726/2004;

“conditional marketing authorisation” means a UKMA(UK)(Category 1) granted under regulation 49(1)(a) in accordance with regulation 58F;

“community practitioner nurse prescriber” means a person—who is a registered nurse or a registered midwife; andagainst whose name is recorded in the professional register an annotation signifying that the person is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Formulary for Community Practitioners in the current edition of the British National Formulary;

“contravention” includes failure to comply (and “contravene” has a corresponding meaning);

“coronavirus” and “coronavirus disease” have the meanings given in section 1(1) of the Coronavirus Act 2020;

“cosmetic” means any substance or preparation intended to be applied to the surfaces of the human body (including the epidermis, pilary system and hair, nails, lips and external genital organs), or the teeth or buccal mucosa, wholly or mainly for the purpose of—perfuming them;cleansing them;protecting them;caring for them or keeping them in condition;modifying their appearance (for aesthetic purposes or otherwise); orcombating body odours or normal body perspiration;

“country” means a country or territory;

“dentist” means a person registered in the dentists register under section 14 of the Dentists Act 1984 ;

“Directive 2001/18/EC” means Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC – Commission Declaration;

“disease” includes any injury, ailment or adverse condition, whether of body or mind;

“dispensing content for patients”, in relation to an internet service, means content communicated publicly by an internet service provider as part of an internet service (for example, on a website) which is relevant to the dispensing of orders for the supply of medicinal products;

“doctor” means a registered medical practitioner;

“EAMS medicinal product” means a medicinal product that—has been included in the Early Access to Medicines Scheme by means of the licensing authority issuing an EAMS scientific opinion in respect of it; andremains in the scheme by virtue of the EAMS scientific opinion not ceasing to have effect in respect of it by virtue of regulation 167D;

“EAMS scientific opinion” is to be construed in accordance with regulation 167C(2)(b);

“EAMS scientific opinion holder” means the holder of a EAMS scientific opinion, and accordingly, is the person who places on the market the product to which the opinion relates;

“Early Access to Medicines Scheme” means the scheme of that name established and operated under regulation 167C(1);

“effervescent”, in relation to a tablet or capsule, means containing not less than 75 per cent, by weight of the tablet or capsule, of ingredients included wholly or mainly for the purpose of releasing carbon dioxide when the tablet or capsule is dissolved or dispersed in water;

“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—by means of an electronic communications network within the meaning of section 32(1) of the Communications Act 2003 ; orby other means but while in an electronic form;

“electronic signature” has the meaning given within Article 3(10) of Regulation (EU) 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market;

“the EMA” means the European Medicines Agency established by Regulation (EC) No 726/2004;

“enactment” includes primary and secondary legislation of the devolved administrations in Wales, Scotland and Northern Ireland;

“enforcement authority” means the Secretary of State, the Minister for Health, Social Services and Public Safety or a person on whom a function of enforcing a provision of these Regulations has been conferred by virtue of regulations 323 or 324;

“EU agreed paediatric investigation plan” means a paediatric investigation plan agreed in accordance with the Paediatric Regulation;

“EU Clinical Trials Regulation” means Regulation EU No. 536/2014 of the European Parliament and of the Council on clinical trials on medicinal products, and repealing Directive 2001/20/EC;

“EU Exit Regulations” means the Human Medicines (Amendment etc.) (EU Exit) Regulations 2019;

“EU marketing authorisation” means a marketing authorisation granted or renewed by the European Commission under Regulation (EC) No 726/2004;

“European Economic Area” or “EEA” means the European Economic Area created by the EEA agreement;

“the European Pharmacopoeia” means the European Pharmacopoeia published by the European Directorate for the Quality of Medicines;

“excipient” means any constituent of a medicinal product other than the active substance and the packaging material;

“exempt advanced therapy medicinal product” has the meaning given in regulation 171;

“expert advisory group” has the meaning given by regulation 14(1);

“export” means export, or attempt to export, from the United Kingdom, whether by land, sea or air;

“external use” in relation to a medicinal product—means its use by application to the skin, teeth, mucosa of the mouth, throat, nose, ear, eye, vagina or anal canal in circumstances where local action only is necessary and systemic absorption is unlikely to occur; butdoes not include its use by means of a throat spray, nasal spray, nasal inhalation or teething preparation or by means of throat pastilles, throat lozenges, throat tablets or nasal drops;

“falsified medicinal product” means any medicinal product with a false representation of—its identity, including its packaging and labelling, its name or its composition (other than any unintentional quality defect) as regards any of its ingredients including excipients and the strength of those ingredients;its source, including its manufacturer, its country of manufacturing, its country of origin or its marketing authorisation holder; orits history, including the records and documents relating to the distribution channels used;

“Fees Regulations” means the Medicines (Products for Human Use) (Fees) Regulations 2016;

“general practitioner” means a medical practitioner who is included in the General Practitioner Register kept under section 34C of the Medical Act 1983;

“the Good Manufacturing Practice Directive” means — in the case of a medicinal product manufactured or assembled in, or imported into, Great Britain—Commission Directive 2003/94/EC laying down the principles and guidelines of good manufacturing practice for medicinal products for human use and for investigational medicinal products for human use, as modified by Schedule 2A, orif Regulations have been made under the powers in regulation B17(1), and have come into force, those Regulations;in the case of a medicinal product manufactured or assembled in, or imported into, Northern Ireland, Commission Directive 2003/94/EC laying down the principles and guidelines of good manufacturing practice for medicinal products for human use and for investigational medicinal products for human use;

“the Health and Care Professions Council register” means the register established and maintained by the Health and Care Professions Council under article 5 of the Health Professions Order 2001 ;

“health care professional” means—a doctor;a dentist;a pharmacist;a pharmacy technician registered in Part 2 ... of the Register of pharmacists and pharmacy technicians established and maintained under article 19(2) of the Pharmacy Order 2010 ;a registered nurse;a registered midwife;a registered optometrist;a registered osteopath as defined in section 41 of the Osteopaths Act 1993 ;a registered chiropractor as defined in section 43 of the Chiropractors Act 1994 ;a person registered as a member of a relevant profession within the meaning of article 2 and paragraph 1 of Schedule 3 to the Health Professions Order 2001, in the Health and Care Professions Council register; ...a person registered in the dental care professionals register established and maintained under section 36B of the Dentists Act 1984 as a member of a profession complementary to dentistry specified by regulation 2 of the General Dental Council (Professions Complementary to Dentistry) Regulations 2006 ; or a person registered under the Anaesthesia Associates and Physician Associates Order 2024

“health centre” means a health centre maintained under—section 2 or 3 of the National Health Service Act 2006 ;section 2 or 3 of the National Health Service (Wales) Act 2006 ;section 36(1)(b) of the National Health Service (Scotland) Act 1978 ; orarticle 5 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;

“herbal medicinal product” means a medicinal product whose only active ingredients are herbal substances or herbal preparations (or both);

“herbal preparation” means a preparation obtained by subjecting herbal substances to processes such as extraction, distillation, expression, fractionation, purification, concentration or fermentation, and includes a comminuted or powdered herbal substance, a tincture, an extract, an essential oil, an expressed juice or a processed exudate;

“herbal substance” means a plant or part of a plant, algae, fungi or lichen, or an unprocessed exudate of a plant, defined by the plant part used and the botanical name of the plant, either fresh or dried, but otherwise unprocessed;

“homoeopathic medicinal product” means a medicinal product prepared from homoeopathic stocks in accordance with a homoeopathic manufacturing procedure described by—the European Pharmacopoeia; orin the absence of such a description in the European Pharmacopoeia, in relation to a certificate of registration or marketing authorisation for a national homoeopathic product in force in Great Britain only, the British Pharmacopoeia, or in an pharmacopoeia used officially in an country that is included in a list published by the licensing authority for this purpose; in relation to a certificate of registration or marketing authorisation for a national homoeopathic product in force in the whole United Kingdom or in Northern Ireland only, in the British Pharmacopoeia or in any pharmacopoeia used officially in an EEA State;

“hospice” means an institution whose primary function is the provision of palliative care to persons resident there who are suffering from a progressive disease in its final stages;

“hospital” includes a clinic, nursing home or similar institution;

“immediate packaging” in relation to a medicinal product means the container or other form of packaging immediately in contact with the medicinal product;

“import” means import, or attempt to import, into the United Kingdom, whether by land, sea or air and “imported” is to be construed accordingly;

“inspector” means a person authorised in writing by an enforcement authority for the purposes of Part 16 (enforcement) (and references to “the enforcement authority”, in relation to an inspector, are to the enforcement authority by whom the inspector is so authorised);

“intermediate product” means a substance which—has been manufactured for use in the manufacture of medicinal products; andis intended for further processing by a manufacturer of such products;

“internet service” means a service made publicly available by means of the internet, which includes a service made publicly available by means of a combination of the internet and an electronic communications service or electronic communications network (within the meanings given to those expressions in section 32 of the Communications Act 2003);

“investigational medicinal product” has the meaning given in regulation 2(1) of the Clinical Trials Regulations;

“labelling” in relation to a container or package of medicinal products means affixing to or otherwise displaying on it a notice describing or otherwise relating to the contents (and “label” has a corresponding meaning);

“the licensing authority” has the meaning given by regulation 6(2);

“listed NIMAR product” means a product included in a list maintained in accordance with regulation 167B on the date it is dispatched from Great Britain to Northern Ireland;

“local naloxone provider” is to be construed in accordance with regulation 237A(3);

“manufacture”, in relation to a medicinal product, includes any process carried out in the course of making the product, but does not include dissolving or dispersing the product in, or diluting or mixing it with, a substance used as a vehicle for the purpose of administering it;

“manufacturer's licence” has the meaning given by regulation 17(1);

“manufacturer’s licence (MM)” means a manufacturer’s licence that relates to the manufacture or assembly of MM medicinal products specified in that licence;

“manufacturer’s licence (POC)” means a manufacturer’s licence that relates to the manufacture or assembly of POC medicinal products specified in that licence;

“marketing authorisation” means—a UK marketing authorisation; ......

“medicinal product subject to general sale” has the meaning given in regulation 5(1) (classification of medicinal products);

“medical device”— has the meaning given in regulation 2 of the Medical Devices Regulations 2002; orto the extent necessary for the practical application of that definition, also or instead has the meaning given in regulation 69 of those Regulations;

“medicinal products on a general sale list” means medicinal products subject to general sale, as provided for by regulation 5(1)(a) (and related expressions are to be construed accordingly);

“the Ministers” is to be construed in accordance with regulation 6(6) to (8);

“MM” means modular manufacture;

“MM control site” means the premises at which the holder of a manufacturer’s licence (MM) supervises and controls the manufacture or assembly of MM medicinal products;

“MM master file” means a detailed description of the arrangements for the manufacture or assembly of an MM medicinal product;

“MM medicinal product” means a medicinal product that, for reasons relating to deployment, the licensing authority determines it necessary or expedient to be manufactured or assembled in a modular unit;

“modular unit” means a relocatable manufacturing unit;

“naloxone product” means a medicinal product that contains naloxone or a salt, ester or stereoisomeric form of naloxone;

“name” in relation to a medicinal product means—where the product has a UK marketing authorisation or traditional herbal registration, the name—as approved by the licensing authority in granting the authorisation or registration, orwhere that name has been varied since that approval, as so amended;... andwhere the product has an Article 126a authorisation, the name—as approved by the licensing authority to appear on the packaging and any package leaflet of the product under the authorisation, orwhere that name has been varied since that approval, as so amended;

“the Narcotic Drugs Convention” means the Single Convention on Narcotic Drugs signed by the United Kingdom on 30thMarch 1961 as amended by the Protocol Amending the Single Convention on Narcotic Drugs signed by the United Kingdom on 25th March 1972;

“NHS dispensing practice” means the business as part of which NHS pharmaceutical services are provided by general practitioners;

“NHS pharmaceutical services” means—in England, pharmaceutical services under Part 7 of the National Health Service Act 2006;in Wales, pharmaceutical services under Part 7 of the National Health Service (Wales) Act 2006;in Scotland, pharmaceutical services under Part 2 of the National Health Service (Scotland) Act 1978;in Northern Ireland, pharmaceutical services under Part 6 of the Health and Personal Social Services (Northern Ireland) Order 1972;

“NHS primary dental services” means—in relation to England, primary dental services under the National Health Service Act 2006;in relation to Wales, primary dental services under the National Health Service (Wales) Act 2006;in relation to Scotland, dental services under the National Health Service (Scotland) Act 1978 or personal dental services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997 ; andin relation to Northern Ireland, general dental services under the Health and Personal Social Services (Northern Ireland) Order 1972 or personal dental services in connection with a pilot scheme under the Health Services (Primary Care) (Northern Ireland) Order 1997 ;

“NHS primary medical services” means—in relation to England, primary medical services under the National Health Service Act 2006;in relation to Wales, primary medical services under the National Health Service (Wales) Act 2006;in relation to Scotland, primary medical services under the National Health Service (Scotland) Act 1978; andin relation to Northern Ireland, primary medical services under the Health and Personal Social Services (Northern Ireland) Order 1972;

“NIMAR” means Northern Ireland MHRA authorised route;

“nurse independent prescriber” means a person who—is a registered nurse or registered midwife; andis noted in the professional register as qualified to order drugs, medicines and appliances as a nurse independent prescriber or a nurse independent / supplementary prescriber;

“nursing home” has the meaning given by article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

“occupational health vaccinator” means a person who is employed or engaged by a person operating an occupational health scheme, who is an individual belonging to one of the classes of individuals specified in Part 4 of Schedule 16;

“optometrist independent prescriber” means a person—who is a registered optometrist; andagainst whose name is recorded in the relevant register an annotation signifying that the person is qualified to order drugs, medicines and appliances as an optometrist independent prescriber;

“orphan criteria” means the criteria listed in regulation 50G(2);

“orphan marketing authorisation” means a UK marketing authorisation granted under regulation 49(1)(a) in accordance with regulation 58C;

“Orphan Regulation” means Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products as it has effect in EU law;

“outer packaging” in relation to a medicinal product means any packaging into which the immediate packaging of the medicinal product is placed;

“package” in relation to a medicinal product, includes—a container of the product;any box, packet or other article in which one or more containers of the product are or are to be enclosed; andany box, packet or other article in which a box, packet or other article mentioned in paragraph (b) or this paragraph is or is to be enclosed;

“package leaflet” in relation to a medicinal product, means a leaflet that accompanies the product and contains information for the user of the product;

“paediatric clinical trial” means a clinical trial conducted in whole or in part on persons under the age of 18 years;

“paediatric indication” means a term of a UK marketing authorisation enabling the medicinal product to which the authorisation relates to be used by or administered to persons under the age of 18 years;

“paediatric investigation plan” means a research and development programme with the purpose of generating data determining the conditions in which a medicinal product may be authorised to treat persons under the age of 18 years;

“paediatric population” means that part of the population consisting of persons under the age of 18 years;

“the Paediatric Regulation” means Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 ;

“parallel import licence” has the meaning given in regulation 48(2);

“paramedic independent prescriber” means a person—who is a registered paramedic; andagainst whose name is recorded in the relevant register an annotation signifying that the person is qualified to order drugs, medicines and appliances as a paramedic independent prescriber;

“periodic safety update report” or “PSUR” has the meaning given in regulation 191 (obligation on holder to submit periodic safety update reports: general requirements);

“pharmacist” means—in relation to Great Britain a person registered in Part 1 ... of the Register of pharmacists and pharmacy technicians maintained under article 19(2) of the Pharmacy Order 2010 ; andin relation to Northern Ireland a person registered in the register of pharmaceutical chemists for Northern Ireland ... maintained under articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 ;

“pharmacist independent prescriber” means a person who—is a pharmacist; andis noted in the relevant register as qualified to order drugs, medicines and appliances as a pharmacist independent prescriber;

“the Pharmacovigilance Risk Assessment Committee” means the committee of the EMA established by Article 56(1)(aa) of Regulation (EC) No 726/2004;

“pharmacovigilance system” means a system used by the holder of a UK marketing authorisation ..., traditional herbal registration or Article 126a authorisation, or by the licensing authority, to fulfil the tasks and responsibilities set out in Part 11 and designed to monitor the safety of authorised or registered medicinal products and detect any change to their risk-benefit balance;

“pharmacovigilance system master file” means a detailed description of the pharmacovigilance system used by the holder of a UK marketing authorisation ..., traditional herbal registration or Article 126a authorisation with respect to one or more authorised or registered medicinal products;

“pharmacy medicine” has the meaning given in regulation 5(5) (classification of medicinal products);

“physiotherapist independent prescriber” means a person—who is a registered physiotherapist; andagainst whose name is recorded in the relevant register an annotation signifying that the person is qualified to order drugs, medicines and appliances as a physiotherapist independent prescriber;

“POC” means point of care;

“POC control site” means the premises at which the holder of a manufacturer’s licence (POC) supervises and controls the manufacture or assembly of POC medicinal products;

“POC master file” means a detailed description of the arrangements for the manufacture or assembly of a POC medicinal product;

“POC medicinal product” means a medicinal product that, for reasons relating to method of manufacture, shelf life, constituents or method or route of administration, can only be manufactured at or near the place where the product is to be used or administered;

“POC site” means a site at which the manufacture or assembly of a POC medicinal product takes place;

“podiatrist independent prescriber” means a person—who is a registered podiatrist; andagainst whose name is recorded in the relevant register an annotation signifying that the person is qualified to order drugs, medicines and appliances as a podiatrist independent prescriber;

“post-authorisation efficacy study” means any study relating to a medicinal product to which a UK marketing authorisation relates that is conducted with the aim of considering the efficacy of that product;

“post-authorisation safety study” means any study relating to a medicinal product to which a UK marketing authorisation ..., traditional herbal registration or Article 126a authorisation relates that is conducted with the aim of—identifying, characterising or quantifying a safety hazard;confirming the safety profile of the medicinal product; ormeasuring the effectiveness of risk management measures;

“prescription only medicine” has the meaning given in regulation 5(3) (classification of medicinal products);

“product information” in relation to a medicinal product means—the summary of the product characteristics;the immediate and outer packaging; andthe package leaflet;

“the professional register” means the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001 ;

“provider of probation services”—in England and Wales, has the same meaning as in Part 1 of the Offender Management Act 2007 (new arrangements for the provision of probation services); andin Northern Ireland, means the Probation Board for Northern Ireland;

“provider of youth justice services” means—in England and Wales, a provider, other than a local authority, of the services specified in section 38(4) of the Crime and Disorder Act 1998 (local provision of youth justice services);in Scotland, a provider, other than a local authority, of the services in Scotland in respect of a child that most closely correspond to the services specified in section 38(4) of the Crime and Disorder Act 1998, and for these purposes “child” has the meaning given in section 199 of the Children’s Hearings (Scotland) Act 2011 (meaning of “child”); andin Northern Ireland, a body or other person with which or whom the Department of Justice has made arrangements for the provision of juvenile justice centres pursuant to Article 51(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (juvenile justice centres);

“the Psychotropic Substances Convention” means the Convention on Psychotropic Substances signed by the United Kingdom on 21st February 1971;

“qualified person”, except in relation to the expression “appropriately qualified person”, means—a person who satisfies the requirements specified in Part 1 or 2 of Schedule 7; orwhere an application for a licence is made before 30th April 2013, in so far as the application relates to activities in respect of traditional herbal medicinal products, a person who has been engaged in activities in respect of traditional herbal medicinal products equivalent to those in Part 3 of Schedule 7 on or before 30th April 2011 and continues to be so engaged at the time when the application is made;

“qualifying Northern Ireland goods” has the same meaning that it has in the European Union (Withdrawal) Act 2018, including any meaning defined for the purposes of that Act from time to time by regulations made under the power conferred by section 8C(6) of that Act;

“radiation emergency” has the meaning given by regulation 2(1) of the Radiation (Emergency Preparedness and Public Information) Regulations 2019;

“radionuclide” means a radioactive isotope;

“radionuclide generator” means any system incorporating a fixed parent radionuclide from which is produced a daughter radionuclide which is to be removed by elution or by any other method and is to be used in a radiopharmaceutical;

“radionuclide kit” means any preparation to be reconstituted or combined with radionuclides in the final radiopharmaceutical, usually prior to its administration;

“radionuclide precursor” means any radionuclide produced for the radio-labelling of another substance prior to administration, other than a radionuclide that is incorporated in or produced from a generator or is included in a radiopharmaceutical;

“radiopharmaceutical” means a medicinal product which, when ready for use, contains one or more radionuclides included for a medicinal purpose;

“registered dietitian” means a person registered in Part 4 of the Health and Care Professions Council register;

“registered midwife” means a person registered in the Midwives Part of the professional register;

“registered nurse” means a person registered in the Nurses Part or the Specialist Community Public Health Nurses Part of the professional register;

“registered optometrist” means a person whose name is entered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989 ...;

“registered paramedic” means a person who is registered in Part 8 of the Health and Care Professions Council register;

“registered pharmacy” means—in relation to Great Britain, premises entered in the register required to be kept under article 19 of the Pharmacy Order 2010 for the purposes of sections 74A and 74J of the Medicines Act 1968 ; andin relation to Northern Ireland, premises entered in the register required to be kept under section 75 of the Medicines Act 1968;

“registered physiotherapist” means a person registered in Part 9 of the Health and Care Professions Council register;

“registered podiatrist” means a person registered in Part 2 of the Health and Care Professions Council register;

“registered radiographer” means a person registered in Part 11 of the Health and Care Professions Council register;

“registrable homoeopathic medicinal product” means a homoeopathic medicinal product to which regulation 102 applies;

“Regulation (EC) No 726/2004” means Regulation (EC) 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency , as it has effect in EU law;

“Regulation (EC) No 1234/2008” means Commission Regulation (EC) No 1234/2008 of 24 November 2008 concerning the examination of variations to the terms of marketing authorisations for medicinal products for human use and veterinary medicinal products , as it has effect in EU law;

“the relevant EU provisions” means the provisions of legislation of the European Union relating to medicinal products for human use, except to the extent that any other enactment provides for any function in relation to any such provision to be exercised otherwise than by the licensing authority;

“relevant European State” means an EEA State or Switzerland;

“relevant medicinal product” has the meaning given by regulation 48;

“the relevant register” means—in relation to a pharmacist—in Great Britain, Part 1 of the Register of pharmacists and pharmacy technicians maintained under article 19(2) of the Pharmacy Order 2010, orin Northern Ireland, the register maintained in pursuance of articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976;in relation to a registered nurse or registered midwife, the professional register;in relation to a registered optometrist, the register of optometrists maintained under section 7(a) of the Opticians Act 1989 ...; andin relation to a chiropodist or podiatrist, a physiotherapist, an orthoptist , a paramedic or a radiographer, the part of the Health and Care Professions Council register relating to—chiropodists and podiatrists,physiotherapists, ...radiographers, ... orthoptists , or paramedics;

“retail pharmacy business” means a business (other than a professional practice carried on by a doctor , any other professional practice which is an NHS dispensing practice or a professional practice carried on by a dentist) which consists of or includes the retail sale of medicinal products that are not subject to general sale;

“risk management plan” means a detailed description of the risk management system;

“risk management system” means a set of pharmacovigilance activities and interventions designed to identify, characterise, prevent or minimise risks relating to a medicinal product, including an assessment of the effectiveness of those activities and interventions;

“serious adverse reaction” means an adverse reaction that—results in a person's death;threatens a person's life;results in a person being hospitalised as an inpatient or prolongs a person's existing stay in hospital;results in a person's persistent or significant disability or incapacity; orresults in a congenital anomaly or birth defect;

“special medicinal product” means a product within the meaning of regulation 167 or any equivalent legislation in a country other than the United Kingdom;

“substance” means any matter regardless of its origins and includes—human substances (such as human blood and human blood products);animal substances (such as micro-organisms, whole animals, parts of organs, animal secretions, toxins, extracts and blood products);vegetable substances (such as micro-organisms, plants, parts of plants, vegetable secretions and extracts);chemical substances (such as elements, naturally occurring chemical materials and chemical products obtained by chemical change or synthesis); andgases and vapours;

“the summary of the product characteristics” in relation to a medicinal product means—where the product has a UK marketing authorisation or traditional herbal registration, the summary of the product characteristics—as approved by the licensing authority in granting the authorisation or registration, orwhere the summary has been varied since that approval, as so amended; orwhere the product has an EU marketing authorisation, the summary of the product characteristics—as approved by the European Commission in granting the authorisation, orwhere the summary has been varied since that approval, as so amended;

“supplementary prescriber” means a person who is noted in the relevant register as qualified to order drugs, medicines and appliances as a supplementary prescriber (or, in the case of a registered nurse or registered midwife, as a nurse independent/supplementary prescriber) and is—a pharmacist;a registered midwife;a registered nurse;a chiropodist, podiatrist, physiotherapist, paramedic or radiographer; ...a registered optometrist; or a registered dietitian;

“supplementary protection certificate” has the meaning given in section 128B(2) of the Patents Act 1977;

“suspected” in relation to an adverse reaction means that there is at least a reasonable possibility of there being a causal relationship between a medicinal product and an adverse event;

“therapeutic radiographer independent prescriber” means a person—who is a registered radiographer; andagainst whose name is recorded in the relevant register—an entitlement to use the title “therapeutic radiographer”; andan annotation signifying that the person is qualified to order drugs, medicines and appliances as a therapeutic radiographer independent prescriber;

“traditional herbal medicinal product” means a herbal medicinal product to which regulation 125 applies;

“traditional herbal registration” means a traditional herbal registration granted by the licensing authority under these Regulations and—“THR(UK)” means such a registration in force in the whole United Kingdom;“THR(GB)” means such a registration in force in Great Britain only;“THR(NI)” means such a registration in force in Northern Ireland only;

“UK marketing authorisation” means a marketing authorisation granted by the licensing authority under Part 5 of these Regulations or Chapter 4 of Title III to the 2001 Directive (mutual recognition and decentralised procedure) and— “UKMA(UK)” means such an authorisation , within the definition of UKMA(UK)(Category 1) or UKMA(UK)(Category 2), in force in the whole United Kingdom;“UKMA(GB)” means such an authorisation in force in Great Britain only;“UKMA(NI)” means such an authorisation in force in Northern Ireland only.

“UKMA(UK)(Category 1)” means a marketing authorisation of the description in regulation 49(1ZB);

“UKMA(UK)(Category 2)” means a marketing authorisation of the description in regulation 49(1ZC);

“under the unfettered access route” means an application for— a UKMA(UK)(Category 2) under reduced or alternative requirements specified in Part 5 (as referred to in regulation 49(1A));a COR(GB) under reduced or alternative requirements specified in Part 6 (as referred to in regulation 103(1A));a THR(GB) under reduced or alternative requirements specified in Part 7 (as referred to in regulation 127(1A));

“vaccine” means an antigenic substance which consists wholly or partly of—any micro-organisms, viruses or other organisms in any state;any toxins of microbial origin which have been detoxified (toxoids); orany extracts or derivatives of any micro-organisms or of any viruses,being substances which, when administered to human beings, are used for the prevention of specific diseases;

“variation to the terms of a UK marketing authorisation” means any change to— the information provided in accordance with regulations 50 to 57 and Schedule 8; orthe terms of the decision granting the UK marketing authorisation, including the summary of the product characteristics and any conditions, obligations, or restrictions affecting that UK marketing authorisation, or changes to the labelling or the package leaflet connected with changes to the summary of the product characteristics,and “vary” and “variation” in relation to a UK marketing authorisation are to be construed accordingly;.

“withdrawal agreement” has the meaning given in section 39 of the European Union (Withdrawal Agreement) Act 2020;

“wholesale dealer's licence” has the meaning given by regulation 18(1).

(2) In these Regulations, references to distribution of a product by way of wholesale dealing are to be construed in accordance with regulation 18(4) and (5).

(3) In these Regulations, references to selling by retail, or to retail sale, are references to—

(a) selling a product to a person who buys it otherwise than for a purpose specified in regulation 18(5); or

(b) selling or supplying that is treated as or as part of a retail sale by virtue of regulation 222A(2)(a).

(4) In these Regulations, references to supplying anything in circumstances corresponding to retail sale are references to supplying it, otherwise than by way of sale, to a person who receives it otherwise than for a purpose specified in regulation 18(5);

(5) References in these Regulations to the terms of—

(a) a UK marketing authorisation include the information supplied in relation to the authorisation in accordance with—

(i) regulation 50 and Schedule 8, and

(ii) (if appropriate) Schedule 10 (national homoeopathic products),

as updated in accordance with regulation 57, as approved upon grant under regulation 49 and as varied under regulation 68;

(b) a certificate of registration include the information supplied in relation to the certificate in accordance with regulation 103, as approved upon grant under regulation 103 and as varied under regulation 110; and

(c) a traditional herbal registration include the information supplied in relation to the registration in accordance with regulation 128 and Schedule 12, as updated in accordance with regulation 129, as approved upon grant under regulation 127 and as varied under regulation 135.

(6) References in these Regulations to a condition of—

(a) a UK marketing authorisation is to a condition to which the authorisation is subject by virtue of regulation 59(1) , 60(1) or 60A; and

(b) a certificate of registration is to a condition to which the certificate is subject by virtue of regulation 105(1).

(7) For the purposes of these Regulations medicinal products are of the same description if—

(a) they are manufactured to the same specification, and

(b) they are in the same pharmaceutical form.

(8) Subject to regulation C17(6), references in these Regulations to—

(a) good manufacturing practice for active substances relate to the principles and guidelines for good manufacturing practice adopted by the European Commission under the third paragraph of Article 47 of the 2001 Directive;

(b) good distribution practice for active substances relate to the guidelines on good distribution practices for active substances adopted by the European Commission under the fourth paragraph of Article 47 of the 2001 Directive.

(9) Unless otherwise provided, any provision of an EU Regulation made applicable to a UKMA(NI), COR(NI) or THR(NI) by virtue of Article 5(4) of, and Annex 2 to, the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement applies equally in respect of a UKMA(UK)(Category 2), COR(UK) or THR(UK).

PART 2 — Administration

Commission on Human Medicines

9

(1) There is to continue to be a body known as the Commission on Human Medicines (referred to in these Regulations as “the Commission”).

(2) The Commission is to perform the functions conferred on it by these Regulations.

(3) The Commission is to have at least eight members.

(4) The members of the Commission are to be appointed by the Ministers.

(5) The Ministers must appoint one of the members of the Commission to chair it.

(6) The Ministers must consult the Scottish Ministers before exercising their functions under paragraphs (4) and (5).

Functions of the Commission

10

(1) The Commission must give advice to either or both of the Ministers in relation to the matters listed in paragraph (2) if—

(a) the Minister, or Ministers, request it; or

(b) the Commission considers it appropriate to give it.

(2) The matters mentioned in paragraph (1) are matters—

(a) relating to the execution of any duty imposed by these Regulations or the Clinical Trials Regulations;

(b) relating to the exercise of any power conferred by these Regulations or the Clinical Trials Regulations; or

(3) Without prejudice to paragraphs (1) and (2), or to any other functions conferred on the Commission by or under these Regulations, the Commission must—

(a) give advice with respect to the safety, quality and efficacy of medicinal products; and

(b) promote the collection and investigation of information relating to adverse reactions, for the purposes of enabling such advice to be given.

(4) The Commission must also advise the licensing authority if—

(a) the licensing authority is required under Schedule 11 (advice and representations) or the Clinical Trials Regulations to consult the Commission about any matter arising under those provisions; or

(b) the licensing authority consults the Commission about any matter arising under those provisions.

British Pharmacopoeia Commission

11

(1) There is to continue to be a committee called the British Pharmacopoeia Commission (referred to as “the BPC” in this regulation).

(2) The BPC is to continue to have the following functions—

(a) the preparation under regulation 317(1) of editions of the British Pharmacopoeia;

(b) the preparation of compendia under regulation 317(3);

(c) the preparation under regulation 318 (which provides for the preparation and publication of lists of names to be used as headings to monographs in the British Pharmacopoeia) of lists of names; and

(d) the preparation of any other document under regulation 319.

(3) The BPC is to have at least eight members.

(4) The members of the BPC are to be appointed by the Ministers.

(5) The Ministers must appoint one of the members of the BPC to chair it.

(6) The Ministers must consult the Scottish Ministers before exercising their functions under paragraphs (4) and (5).

(7) In this regulation, a reference to preparation includes revision or amendment.

Reporting to Ministers

12

(1) In this Part “advisory body” means—

(a) the Commission, or

(b) the British Pharmacopoeia Commission.

(2) Each advisory body must give a report to the Ministers each year about—

(a) the performance of its functions; and

(b) the performance of the functions of any expert advisory group appointed by it under regulation 14 (including any expert advisory group appointed jointly with the other advisory body).

(3) Each advisory body must give its report to the Ministers at the time specified by the Ministers.

(4) The Secretary of State must lay a copy of each report before Parliament.

Co-option of additional members of advisory bodies

13

(1) An advisory body may co-opt one or more additional members for the purposes of a meeting.

(2) A person co-opted as a member of an advisory body for the purposes of a meeting ceases to be a member at the end of the meeting.

Appointment of expert advisory groups

14

(1) An advisory body, or the advisory bodies acting jointly, may with the approval of the licensing authority appoint one or more sub-committees, to be known as expert advisory groups.

(2) The licensing authority may direct an advisory body to appoint an expert advisory group to advise on the matters specified in the direction.

(3) An expert advisory group may include, or consist of, persons who are not members of the advisory body or bodies which appointed the expert advisory group.

(4) The advisory body or bodies which appointed the expert advisory group must appoint a member of the group as its chair.

(5) The chair of an expert advisory group may co-opt additional members of the group for the purposes of a meeting.

(6) Before co-opting additional members under paragraph (5) the chair of the group must consult the chair of the advisory body or bodies which appointed the group.

(7) A person co-opted as a member of an expert advisory group for the purposes of a meeting ceases to be a member of the group at the end of the meeting.

Delegation of functions to expert advisory groups

15

(1) An advisory body may delegate any of its functions, other than the functions specified in paragraph (2), to an expert advisory group.

(2) The functions which may not be delegated are functions of providing advice to the licensing authority in any case where the licensing authority is required to consult the advisory body under—

(a) Schedule 11 (advice and representations); and

(b) the Clinical Trials Regulations.

(3) But an advisory body may arrange for an expert advisory group to provide advice to the advisory body in relation to the performance of a function referred to in paragraph (2).

Further provision about advisory bodies and expert advisory groups etc

16

Schedule 2 (which makes further provision about advisory bodies and expert advisory groups, and provision about payment and expenses of expert committees appointed by the licensing authority) has effect.

PART 3 — Manufacture and distribution of medicinal products and active substances

Grant etc of licences

Manufacturing of medicinal products

17

(1) A person may not except in accordance with a licence of the appropriate type (a “manufacturer's licence”)—

(a) manufacture a medicinal product,

(b) assemble a medicinal product,

(i) Northern Ireland, or

(ii) an approved country for import,

(d) import a medicinal product into Northern Ireland from a country other than an EEA State, or

(e) possess a medicinal product for the purpose of any activity in sub-paragraphs (a) to (d).

(1A) For the purposes of paragraph (1), the appropriate type of manufacturer’s licence is a licence that relates to whichever, or whichever combination, of the following that is appropriate—

(a) manufacture and assembly of medicinal products, except for advanced therapy medicinal products, MM medicinal products, POC medicinal products or special medicinal products;

(b) import of medicinal products, except for special medicinal products, MM medicinal products or POC medicinal products;

(d) manufacture and assembly of MM medicinal products;

(e) manufacture and assembly of POC medicinal products;

(f) manufacture and assembly of special medicinal products;

(g) import of special medicinal products.

(2) Paragraph (1) is subject to paragraphs (3) to (9).

(3) Paragraph (1) applies in relation to an investigational medicinal product only—

(a) if the product has a marketing authorisation, Article 126a authorisation, certificate of registration or traditional herbal registration; and

(b) to the extent that the manufacture or assembly of the product is in accordance with the terms and conditions of that authorisation, certificate or registration.

(4) In paragraph (3), “marketing authorisation” means—

(a) a marketing authorisation issued by a competent authority in accordance with the 2001 Directive; ...

(aa) a UK marketing authorisation; or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Paragraph (1) does not apply to a person who, in connection with the importation of a medicinal product ...—

(a) provides facilities solely for transporting the product; or

(b) acting as an import agent, imports the medicinal product solely to the order of another person who holds a manufacturer's licence authorising the importation of the product.

(6) Paragraph (1) does not apply to a person who imports a medicinal product for administration to himself or herself or to any other person who is a member of that person's household.

(7) Paragraph (1) does not apply to imports into Northern Ireland from Great Britain of—

(a) special medicinal products, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) For the purposes of paragraph (7) a medicinal product has been released for sale, supply or distribution where, after the stage of manufacturing has taken place, the product is the subject matter of a written or verbal agreement between two or more persons for the transfer of ownership, any other property right, or possession concerning the product, or where the product is the subject matter of an offer to a person to conclude such an agreement.

(9) Paragraph (1)(d) does not apply to the importation of a medicinal product into Northern Ireland from Great Britain by the holder of a wholesale dealer’s licence, where the following conditions are met—

(a) the medicinal product has undergone—

(i) in an EEA State, the quality control testing provided for by Article 51 of the 2001 Directive, or

(ii) in the United Kingdom, checks in accordance with these Regulations and the requirements of the marketing authorisation relating to the product and that these are appropriately certified;

(b) the batch release of the medicinal product has been undertaken—

(i) in Northern Ireland or an EEA State, by a qualified person in accordance with Article 51(1) of the 2001 Directive, and it is accompanied by the appropriate control reports, or

(ii) in Great Britain, by a qualified person applying equivalent standards;

(d) the importation of the medicinal product is with a view to its sale or supply in Northern Ireland only; ...

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Regulation 17A sets out additional requirements in relation to the manufacture or assembly of MM medicinal products.

(11) Regulation 17B sets out additional requirements in relation to the manufacture or assembly of POC medicinal products.

Wholesale dealing in medicinal products

18

(1) A person may not except in accordance with a licence (a “wholesale dealer’s licence”)—

(a) distribute a medicinal product by way of wholesale dealing; ...

(b) possess a medicinal product for the purpose of such distribution; ...

(d) supply a listed NIMAR product from Great Britain to Northern Ireland.

(2) Paragraph (1)—

(a) does not apply—

(i) to anything done in relation to a medicinal product by the holder of a manufacturer’s licence in respect of that product,

(ii) where the product concerned is an investigational medicinal product, or

(iii) if the product is a radiopharmaceutical in which the radionuclide is in the form of a sealed source; and

(b) is subject to regulation 19.

(2A) Paragraph (1)(c) does not apply to imports into Great Britain from an EEA State of medicinal products that have been released for sale, supply or distribution in an EEA State or the United Kingdom before IP completion day.

(2B) For the purposes of paragraph (2A) a medicinal product has been released for sale, supply or distribution where, after the stage of manufacturing has taken place, the product is the subject matter of a written or verbal agreement between two or more persons for the transfer of ownership, any other property right, or possession concerning the product, or where the product is the subject matter of an offer to a person to conclude such an agreement.

(3) Distribution of a medicinal product by way of wholesale dealing, or possession for the purpose of such distribution, is not to be taken to be in accordance with a wholesale dealer’s licence unless the distribution is carried on, or as the case may be the product held, at premises located in the UK and specified in the licence.

(4) In these Regulations a reference to distributing a product (including a listed NIMAR product) by way of wholesale dealing is a reference to—

(a) selling or supplying it; or

(b) procuring or holding it or exporting it for the purposes of sale or supply,

to a person who receives it for a purpose within paragraph (5) (but this is subject to paragraph (5A)).

(5) Those purposes are—

(a) selling or supplying the product; or

(b) administering it or causing it to be administered to one or more human beings,

in the course of a business carried on by that person.

(5A) In these Regulations, references to distributing a product by way of wholesale dealing do not include any sale or supply that is treated by virtue of regulation 222A(2)(a) as or as part of a retail sale.

(6) A wholesale dealer’s licence does not authorise the distribution of a medicinal product by way of wholesale dealing, or possession of a medicinal product for the purpose of such distribution, unless—

(a) in the case of a product for sale or supply in Great Britain, a UKMA(GB) or UKMA(UK), certificate of registration or traditional herbal registration is in force in respect of the product, ...

(b) in the case of a product for sale or supply in Northern Ireland, a UKMA(NI) or UKMA(UK) ..., Article 126a authorisation, certificate of registration or traditional herbal registration is in force in respect of the product, or

but this is subject to the exceptions in regulation 43(6).

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemptions from requirement for wholesale dealer's licence

19

(1) Regulation 18 does not apply to the sale or offer for sale of a medicinal product by way of wholesale dealing, or possession for the purpose of such sale or offer, where paragraph (2) applies and the person selling or offering the product for sale is—

(a) the holder of—

(i) in the case of a product for sale or supply in Great Britain (including a listed NIMAR product for sale or supply from Great Britain to Northern Ireland), a UKMA(GB), a UKMA(UK), a COR(GB), a COR(UK), a THR(GB) or a THR(UK) (an “authorisation”) which relates to the product, or

(ii) in the case of a product for sale or supply in Northern Ireland, a UKMA(NI), a UKMA(UK), a COR(NI), a COR(UK), a THR(NI), a THR(UK) ... or an Article 126a authorisation (an “authorisation”) which relates to the product,

including a holder of an authorisation who manufactured or assembled the product; or

(b) a person who is not the holder of an authorisation in relation to the product but manufactured or assembled the product in the United Kingdom to the order of a person who is the holder of an authorisation relating to the product.

(2) This paragraph applies if—

(a) until the sale, the medicinal product has been kept on the premises of the person who manufactured or assembled the product (in this regulation referred to as “authorised premises”); and

(b) those premises are premises authorised for use for manufacture or assembly by that person's manufacturer's licence.

(3) For the purposes of this regulation, a medicinal product is regarded as having been kept on authorised premises at a time when—

(a) it was being moved from one set of authorised premises to another, or from one part of authorised premises to another part; or

(b) it was being moved from authorised premises by way of delivery to a purchaser.

(4) Regulation 18 does not apply to a person who in connection with the importation of a medicinal product—

(a) provides facilities solely for transporting the product; or

(b) acting as an import agent, handles the product where the product is imported solely to the order of another person who intends to sell the product or offer it for sale by way of wholesale dealing or to distribute it in any other way.

(4A) Regulation 18 does not apply in connection with the distribution by way of wholesale dealing of a medicinal product to be used for vaccination against an infectious disease, where the person distributing the medicinal product (Person A)—

(a) was supplied with the medicinal product for the purposes of the administration of it under relevant arrangements;

(b) is supplying the medicinal product for the purposes of the administration of it by the person to whom it is being supplied (or by a person employed or engaged by them) under relevant arrangements (Person B); ...

(c) is authorised by the body making the arrangements to supply the medicinal product as mentioned in sub-paragraph (b) under the relevant arrangements; and

(d) conditions A and B in paragraphs (4E) and (4F) are met.

(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4C) In this regulation, “relevant arrangements” means—

(a) arrangements for the provision of services as part of—

(i) in England, the health service as defined by section 275(1) of the National Health Service Act 2006,

(ii) in Scotland, the health service as defined by section 108(1) of the National Health Service (Scotland) Act 1978,

(iii) in Wales, the health service as defined by section 206(1) of the National Health Service (Wales) Act 2006, and

(iv) in Northern Ireland, the system of health and social care promoted under section 2(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009; or

(b) arrangements for the provision of services (otherwise than as mentioned in sub-paragraph (a)) as part of the medical services of Her Majesty’s Forces.

(4E) Condition A is that supply between Person A and Person B is agreed with the body making the arrangements to supply the medicinal product and the distribution occurs in exceptional circumstances, which are such that Person A and Person B are satisfied, having made appropriate enquiries, that—

(a) there is an urgent public health need for a patient to have administered to them the medicinal product on a particular occasion that the distribution would facilitate;

(b) there is no other way that the patient could receive treatment with the medicinal product without undue delay; and

(c) there is no suitable alternative medicinal product that the patient could receive treatment with without undue delay.

(4F) Condition B is that the medicinal product remains in its manufacturer’s original outer packaging, and is stored and transported, in accordance with the terms of its marketing authorisation.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Regulation 18 does not apply to a person (“P”) who imports a medicinal product into Great Britain from an approved country for import for administration to P or to any other person who is a member of P’s household.

Mixing of medicines

20

(1) Regulation 17(1) (manufacturing of medicinal products) does not apply to the mixing of medicines by—

(a) a nurse independent prescriber;

(b) a pharmacist independent prescriber;

(c) a supplementary prescriber, if the mixing of medicines forms part of the clinical management plan for an individual patient;

(ca) physiotherapist independent prescriber;

(cb) podiatrist independent prescriber;

(cc) a therapeutic radiographer independent prescriber;

(cd) a paramedic independent prescriber;

(d) a person acting in accordance with the written directions of a—

(i) doctor,

(ii) dentist,

(iii) nurse independent prescriber, ...

(iv) pharmacist independent prescriber,

(v) physiotherapist independent prescriber, ...

(vi) podiatrist independent prescriber; or

(vii) therapeutic radiographer independent prescriber; or

(viii) paramedic independent prescriber; or

(e) a person acting in accordance with the written directions of a supplementary prescriber, if the mixing of medicines forms part of the clinical management plan for an individual patient.

(2) In this regulation “mixing of medicines” means the combining together of two or more medicinal products, none of which are MM medicinal products nor POC medicinal products for the purposes of administering them to meet the needs of an individual patient.

Application for manufacturer's or wholesale dealer's licence

21

(1) An application for a grant of a licence under this Part must—

(a) be made to the licensing authority;

(b) be made in the way and form specified in Schedule 3; and

(2) An application must indicate the descriptions of medicinal products in respect of which the licence is required, either by specifying the descriptions of medicinal products in question or by way of an appropriate general classification.

Factors relevant to determination of application for manufacturer's or wholesale dealer's licence

22

(1) In dealing with an application for a manufacturer's licence the licensing authority must in particular take into consideration—

(a) the operations proposed to be carried out under the licence;

(b) the premises in which those operations are to be carried out;

(d) the qualifications of the persons under whose supervision the operations will be carried out; and

(e) the arrangements made or to be made for securing the safekeeping of, and the maintenance of adequate records in respect of, medicinal products manufactured or assembled in pursuance of the licence.

(1A) In dealing with an application for a manufacturer’s licence (MM) the licensing authority must, in addition to the matters specified in paragraph (1), take into consideration the arrangements made, or to be made, for—

(a) supervising and controlling operations at a modular unit specified in the application; and

(b) ensuring that manufacture or assembly is under appropriate control so that the MM medicinal product consistently meets the requirements in the MM master file when manufactured at that modular unit.

(1B) In dealing with an application for a manufacturer’s licence (POC) the licensing authority must, in addition to the matters specified in paragraph (1), take into consideration the arrangements made, or to be made, for—

(a) supervising and controlling operations at a POC site specified in the application; and

(b) ensuring that manufacture or assembly is under appropriate control so that the POC medicinal product consistently satisfies the requirements in the POC master file when manufactured at that POC site.

(2) In dealing with an application for a wholesale dealer's licence the licensing authority must in particular take into consideration—

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