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Statutory Instruments

1995 No. 1384

MEDICINES

The Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Amendment Order 1995

Made

25th May 1995

Laid before Parliament

5th June 1995

Coming into force

30th June 1995

The Secretaries of State concerned with health in England, in Wales and in Scotland respectively and the Department of Health and Social Services for Northern Ireland, acting jointly, in exercise of powers conferred on them by sections 58(1), (4) and (5) and 129(4) of the Medicines Act 1968(1) or, as the case may be, those conferred by the said provisions and now vested in them(2), and of all other powers enabling them in that behalf, after consulting such organisations as appear to them to be representative of interests likely to be substantially affected by this Order, pursuant to section 129(6) of that Act, and after consulting and taking into account the advice of the Medicines Commission pursuant to sections 58(6) and 129(7) of that Act, hereby make the following Order:

Citation, commencement and interpretation

1.-(1) This Order may be cited as the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Amendment Order 1995 and shall come into force on 30th June 1995.

(2) In this Order "the principal Order" means the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Order 1983(3).

Amendment of article 3 of the principal Order

2. In article 3(1)(a) of the principal Order (medicinal products on prescription only), for "Article 4(1) to (1V)" there is substituted "Article 4(1) to (1Z)".

Amendment of article 4 of the principal Order

3. In article 4 of the principal Order (medicinal products that are not prescription only), the following paragraphs are inserted after paragraph (1V):-

"(1W) Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it consists of or contains the substance fluconazole where-

(a)the medicinal product is indicated for oral administration for the treatment of vaginal candidiasis in persons aged not less than 16 nor more than 60 years;

(b)it is sold or supplied in a container or package containing not more than 150 milligrams of the medicinal product; and

(c)the container or package is labelled to show a maximum dose of 150 milligrams of fluconazole.

(1X) Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance hydroxyzine hydrochloride where-

(a)the medicinal product is indicated for the management of pruritus associated with acute or chronic urticaria or atopic dermatitis or contact dermatitis, in adults and in children aged not less than 6 years;

(b)it is sold or supplied in a container or package containing not more than 750 milligrams of the medicinal product; and

(c)the container or package is labelled to show a maximum dose of 25 milligrams and a maximum daily dose of 75 milligrams in the case of adults and in children aged not less than 12 years and a maximum daily dose of 50 milligrams in the case of children aged not less than 6 nor more than 12 years.

(1Y) Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance ketoconazole where-

(a)the medicinal product is in the form of a shampoo;

(b)the maximum strength of the ketoconazole in the medicinal product does not exceed 2 per cent. calculated in terms of weight in weight;

(c)the medicinal product is indicated for the prevention and treatment of dandruff and seborrhoeic dermatitis of the scalp;

(d)it is sold or supplied in a container or package containing not more than 120 millilitres of the medicinal product, containing not more than 2400 milligrams of ketoconazole; and

(e)the container or package is labelled to show a maximum frequency of application of once every 3 days.

(1Z) Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it consists of or contains the substance pyrantel embonate where-

(a)the medicinal product is indicated for the treatment of enterobiasis, in adults and in children aged not less than 2 years;

(b)it is sold or supplied in a container or package containing not more than 750 milligrams of the medicinal product; and

(c)the container or package is labelled to show a maximum daily dose (to be taken as a single dose) of pyrantel embonate of 750 milligrams in the case of adults and children aged not less than 12 years, of 500 milligrams in the case of children aged not less than 6 nor more than 12 years and of 250 milligrams in the case of children aged not less than 2 nor more than 6 years."

Amendment of Part I of Schedule 1 to the principal Order

4. In Part I of Schedule 1 to the principal Order (which lists substances which render a medicinal product a prescription only medicine except in the circumstances also listed)-

(a)the following substances are inserted at the appropriate points in the alphabetical order of the substances listed in Column 1:

Amendment of Part III of Schedule 1 to the principal Order

5. In Part III of Schedule 1 to the principal Order (medicinal products, specified by name and product licence number, that are prescription only medicines), the following entries are omitted:

Amendment of Table A of Part IV of Schedule 1 to the principal Order

6. In Table A of Part IV of Schedule 1 to the principal Order, (medicinal products, specified by name and product licence number, that are not prescription only medicines),:

(a)the following entries are omitted:

(b)the following entries are inserted at the appropriate points in the alphabetical order of the medicinal products listed:

Signed by authority of the Secretary of State for Health

Tom Sackville

Parliamentary Under Secretary of State

Department of Health

23rd May 1995

John Redwood

Secretary of State for Wales

25th May 1995

Fraser of Carmyllie

Minister of State, The Scottish Office

25th May 1995

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 23rd May 1995.

F. A. Elliott

Permanent Secretary

Explanatory Note

(This note is not part of the Order)

This Order further amends the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Order 1983 ("the principal Order") which specifies descriptions and classes of prescription only medicines subject to section 58(2) of the Medicines Act 1968, that is to say, medicinal products which (subject to exemptions) may be sold or supplied by retail only in accordance with a prescription given by an appropriate practitioner and which may be administered only by or in accordance with the directions of such a practitioner.

The amendments made by this Order are as follows-

(1)

1968 c. 67. The expressions "the appropriate Ministers" and "the Health Ministers" are defined in section 1 of that Act as amended by S.I. 1969/388, Schedule 1.

(2)

In the case of the Secretaries of State concerned with health in England and in Wales by virtue of article 2(2) of, and Schedule 1 to, the Transfer of Functions (Wales) Order 1969 (S. 1969/388">1969/388); in the case of the Department of Health and Social Services for Northern Ireland by virtue of section 40 of, and Schedule 5 to, the Northern Ireland Constitution Act 1973 (c. 36) and section 1(3) of, and paragraph 2(1)(b) of Schedule 1 to, the Northern Ireland Act 1974 (c. 28).


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