United Kingdom Statutory Instruments

(a) in the appropriate alphabetical position, insert - 

" "the 2000 Act" means the Electronic Communications Act 2000;",

" "electronic communication" has the same meaning as in section 15 of the 2000 Act;",

" "electronic signature" has the same meaning as in section 7 of the 2000 Act;";

(b) in the definition of "prescription form", after "means" insert ", subject to paragraph 1A,".

    (3) After paragraph 1, insert - 

     " 1A  - (1) In this Schedule, where the conditions set out in sub-paragraph (2) are met, the term "prescription form" includes data that - 


(a) are created in an electronic form and signed with an electronic signature and are transmitted as an electronic communication;

(b) are created in an electronic form and signed with an electronic signature, where both the data and the signature are entered on the prescription form in a non-legible manner;

(c) are created in writing and signed with an electronic signature which is entered on the prescription form in a non-legible manner; or

(d) are created in an electronic form and entered on the prescription form in a non-legible manner, and signed in ink.



    (2) The conditions are - 



(a) that the prescription is an order for a drug or appliance and is issued by a doctor in connection with the provision of general medical services;

(b) that the order is not for an oxygen concentrator; and

(c) that the Secretary of State is satisfied that - 


(i) the use of electronic means in order to create, sign and transmit prescriptions (or whichever of those purposes is applicable) is appropriate for the purposes of a pilot scheme on the use of electronic prescribing in relation to the doctor and, where relevant, the chemist and the premises at which the prescription is dispensed; and

(ii) the particular electronic means used by the doctor and, where relevant, the chemist concerned are suitable for the purposes of such a pilot scheme.".

    (4) In paragraph 43 (prescribing) - 

(a) in sub-paragraph (1), after "by issuing to that patient a prescription form" insert ", or by issuing with the patient's agreement a prescription form that contains data within the meaning of paragraph 1A(1)(a) and transmitting it by electronic means,";

(b) in sub-paragraph (2), after "not by means of a stamp," insert "or, where the prescription contains data within the meaning of paragraph 1A(1)(a), (b) or (c) by means of an electronic signature,".

    (5) In paragraph 44 (prescribing), in sub-paragraph (2)(c) after "the doctor endorses" omit "on the face of".



Signed by authority of the Secretary of State for Health


Hazel Blears
Parliamentary Under-Secretary of State, Department of Health

20th August 2001