Emergency
Powers and Planning (Medicines and Vaccines – Covid-19)
(Third Period) (Jersey) Order 2021
Made 2nd June 2021
Coming into
force 5th June 2021
THE MINISTER FOR HEALTH AND SOCIAL SERVICES, as competent authority and with
the approval of the Emergencies Council, makes this Order under Articles 8A and 12 of the Emergency Powers and Planning (Jersey) Law 1990[1] –
1 Interpretation
In this Order –
“Covid-19”
has the meaning given by the Covid-19 (Enabling
Provisions) (Jersey) Law 2020[2];
“Medicines Law” means the Medicines
(Jersey) Law 1995[3].
2 Effect of United Kingdom temporary Covid-19
authorisation
(1) A
valid United Kingdom temporary Covid-19 authorisation
is to be treated as having effect for the purposes of the Medicines Law as
though it were a product licence granted for the purposes of Article 8 of
that Law.
(2) In
paragraph (1) “United Kingdom temporary Covid-19
authorisation” means a temporary authorisation granted under regulation 174
of the Human Medicines Regulations 2012 of the United Kingdom (S.I. 2012/1916) (the “UK Regulations”) in response to Covid‑19.
(3) Paragraph (1)
is subject to the limitation that the authorisation does not have effect to the
extent that a medicinal product is sold or supplied under it –
(a) for the purpose of any
use other than the recommended or required use, as mentioned in regulation 174A(1)(a) of the UK Regulations; or
(b) in breach of a condition
attached under regulation 174A(1) of the UK Regulations
to the authorisation.
3 Plan for vaccination against Covid-19:
exemptions from Medicines Law
(1) Article 9(3)
of the Medicines Law does not apply to a medicinal product if it is a vaccine that
is sold, offered for sale or distributed as part of an official vaccination plan
and in accordance with the conditions stated in that plan.
(2) Despite
Articles 51, 52 and 57(2) of the Medicines Law, a person may sell, supply
or administer a vaccine as part of an official vaccination plan and in accordance
with the conditions stated in that plan.
(3) In
paragraphs (1) and (2) an “official vaccination plan” is a plan for
vaccination against Covid-19 that –
(a) is drawn up, or approved,
by the Medical Officer for Health and published by the competent authority, whether
before, on or after the commencement of this Order;
(b) describes the vaccines to
which it applies, being vaccines against Covid‑19
that –
(i) are or have been under
the control of the competent authority, and
(ii) are the subject of a product
licence under the Medicines Law or of a licence or authorisation that has
effect, under that Law or under Article 2(1) of this Order, as though it
were a product licence; and
(c) states the intentions of
the competent authority as to the supply (by way of sale or otherwise),
distribution and administering of those vaccines, including the conditions
mentioned in paragraphs (1) and (2).
(4) For
the purpose of this Article –
(a) “competent authority”
means the Minister for the time being designated as the competent authority in
relation to Article 8A of the Emergency Powers
and Planning (Jersey) Law 1990[4];
(b) “Medical Officer for
Health” means a person appointed as such under Article 10 of the Loi (1934) sur la Santé Publique[5];
(c) a vaccine is under the
control of the competent authority if it is imported or owned by the competent
authority, or it is owned by another person who agrees to deal with it in a
manner agreed with the competent authority;
(d) it is irrelevant whether
the competent authority acts in that capacity or as a Minister;
(e) the references to drawing
up, approving and publishing an official vaccination plan include amending and
re-publishing the plan from time to time; and
(f) the conditions stated in
an official vaccination plan may include conditions
equivalent to any provision that may be included in a direction under
Article 1(3) or (4) of the Medicines (Health Professionals – Exemption)
(Jersey) Order 2001[6].
4 Citation, commencement and expiry
(1) This
Order may be cited as the Emergency Powers and Planning (Medicines and Vaccines
– Covid-19) (Third Period) (Jersey) Order 2021.
(2) This
Order comes into force on 5th June 2021 and expires at the end of 4th September
2021.
Deputy H.C. RAYMOND OF
TRINITY
for and on behalf of
Minister for Health and
Social Services