
1 

(1) These Regulations may be cited as the Medicines Act 1968 (Amendment) Regulations 1993 and shall come into force on 14th April 1993.
(2) In these Regulations “The Act” means the Medincines Act 1968.
2 

(1) Section 8 of the Act (provisions as to manufacture and wholesale dealing) is amended as follows.
(2) At the beginning of subsection (3) there is inserted “Subject to subsection (3C) of this section,”.
(3) In subsection (3) for the words from “licence granted” onwards there is substituted “wholesale dealer’s licence”.
(4) After that subsection there is inserted—“
(3A) Without prejudice to the generality of subsection (3) of this section but subject to subsection (3C), no person shall, in the course of a business carried on by him, distribute by way of wholesale dealing a product to which Chapters II to V of the 1965 Directive apply except in accordance with a wholesale dealer’s licence.
(3B) Distribution of such a product by way of wholesale dealing shall not be taken to be in accordance with a wholesale dealer’s licence unless, in particular, it occurs in the course of a business which is carried on at a place or places specified in the licence.
(3C) The restrictions imposed by subsections (3) and (3A) of this section do not apply to anything done in relation to a product to which Chapters II to V of the 1965 Directive apply by the holder of a manufacturer’s licence in respect of it.”.
(5) After subsection (6) there is added—“
(7) In this section any reference to distribution of a product by way of wholesale dealing is a reference to—
(a) selling or supplying it, or
(b) procuring, holding or exporting it for the purposes of sale or supply,
to a person who receives it for the purposes of—
(i) selling or supplying it, or
(ii) 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.
(8) In this Act any reference to a wholesale dealer’s licence is a reference to a licence granted for the purposes of subsection (3) or (3A) of this section.”.
3 
In section 10(7) of the Act (exemptions for pharmacists), after “8(3)”there is inserted “or (3A)”.
4 
In section 14 of the Act (exemptions for re-exports)—
(a) at the beginning of that section (which becomes subsection (1)) there is inserted “Subject to subsection (2) of this section,”; and
(b) at the end of the section there is added—“
(2) Section 8(3A) of this Act applies to the exportation, or the sale for exportation, of any product to which Chapters II to V of the 1965 Directive apply if it is, or is to be exported to a member State.”.
5 
In section 48(1) of the Act (postponement of restrictions in relation to exports), for “the next following section,” there substituted “sections 49 and 49A of this Act,”.
6 
After section 49 of the Act (special provisions in respect of exporting certain products) there is inserted—“
49A 
Nothing in subsection (1) of section 48 of this Act shall affect the operation of section 8(3A) of this Act in relation to the exportation of a product, or the sale or supply of a product which involves, or is for the purposes of, the exportation of the product if—
(a) it is a product to which Chapters II to V of the 1965 Directive apply; and
(b) the exportation is, or is to be, to a member State.”.
7 
In section 92(4)(b) of the Act (scope of Part VI) for “subsection (3) of section 8”there is substituted “, subsection (3) or (3A) of section 8”.
Virginia Bottomley
Secretary of State for Health
22nd March 1993