Emergency
Powers and Planning (Medicines and Vaccines – Covid-19 and Influenza) (Fifth
Period) (Jersey) Order 2021
1 Interpretation
In this Order –
“Covid-19” has the meaning
given by the Covid-19
(Enabling Provisions) (Jersey) Law 2020;
“Medicines Law” means the Medicines (Jersey)
Law 1995.
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) includes
vaccination against influenza, if the Medical Officer for Health considers that
to do so would facilitate vaccination against or control of Covid-19;
(c) describes the vaccines to
which it applies, being vaccines against Covid-19 or influenza 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
(d) 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;
(b) “Medical Officer for
Health” means a person appointed as such under Article 10 of the Loi (1934) sur la
Santé Publique;
(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.
4 Citation, commencement
and expiry
(1) This
Order may be cited as the Emergency Powers and Planning (Medicines and Vaccines
– Covid-19 and Influenza) (Fifth Period) (Jersey) Order 2021.
(2) This
Order comes into force on 5th December 2021 and expires at the end of 4th
March 2022.