Where a person becomes an employee of a body constituted under the [1977 c. 49.] National Health Service Act 1977 or the [1978 c. 29.] National Health Service (Scotland) Act 1978 or section 91(2) of the [1984 c. 36.] Mental Health (Scotland) Act 1984 on direct transfer from employment in the civil service of the State, his period of employment in the civil service of the State at the time of the transfer shall count for the purposes of the [1978 c. 46.] Employment Protection (Consolidation) Act 1978 as a period of employment by the body whose employee he becomes, and the transfer shall not break the continuity of the period of employment or give rise to any right to a redundancy payment.
(1) Section 28(4) of the National Health Service Act 1977 shall cease to have effect.
(2) This section shall be deemed to have come into force on 26th November 1987.
(3) No payment shall be made on a claim for payment of charges under section 28(4) of the National Health Service Act 1977 which is submitted on or after 26th November 1987 but the repeal of that subsection by this section does not have effect in relation to a case where such a claim is submitted before that date.
In section 63 of the [1968 c. 46.] Health Services and Public Health Act 1968—
(a) in subsection (6)(a), after the word “section” there shall be inserted the words “and for ancillary administrative purposes,”; and
(b) in subsection (8), in paragraph (a) of the definition of “the relevant enactments”, for the words “section 48 of the Education Act 1944, Part III of the National Assistance Act 1948, section 45 of this Act” there shall be substituted the words “, any enactment functions under which for the time being stand referred to committees established in pursuance of section 2 of the [1970 c. 42.] Local Authority Social Services Act 1970.”
(1) The following paragraphs shall be inserted after paragraph (a) of subsection (1) of section 1 of the [1971 c. 69.] Medicines Act 1971—
“(aa) for the payment and recovery of such fees as are prescribed by the regulations in respect of inspections made—
(i) in connection with applications for the grant, renewal or variation of any such licence; or
(ii) during the currency of any such licence;
(ab) for the payment and recovery of such annual or other periodic fees (in addition to fees payable by virtue of regulations made under paragraph (aa) above) as are prescribed by the regulations in connection with the holding of any such licence and for the payment and recovery of a penalty for failure to pay a fee so prescribed at the time at which it should have been paid;
(ac) for the calculation of the amount of any annual or other periodic fee payable by virtue of regulations made under paragraph (ab) above by reference to one or more of the following—
(i) the United Kingdom turnover of a medicinal product or a number of medicinal products to which the licence relates;
(ii) the United Kingdom turnover of all medicinal products to which licences held by the holder of the licence relate;
(iii) fees received by the holder of the licence in respect of a medicinal product or a number of medicinal products to which the licence relates;
(iv) fees received by the holder of the licence in respect of all medicinal products to which licences held by the holder of the licence relate;
(ad) for the amount of any fee payable by virtue of regulations made under paragraph (ab) above to be calculated in such manner as may be specified in the regulations—
(i) if insufficient evidence is submitted for the calculations that would be required by regulations made under paragraph (ac) above; or
(ii) if no evidence is submitted for those calculations;”.
(2) In paragraph (b) of that subsection, after the word “refund” there shall be inserted the words “, adjustment, set-off, waiver or reduction”.
(3) The following subsection shall be inserted after that subsection—
“(1A) In subsection (1) above—
“medicinal product” includes—
(a) any article or substance in relation to which provisions of Part II of the principal Act have effect by virtue of an order under section 104 or 105 of that Act; and
(b) any medicated feeding stuff, as defined in subsection (3B) of section 130 of the principal Act, which by virtue of an order under subsection (3A) of that section is to be treated as a medicinal product for the purposes of that Act; and
“United Kingdom turnover” means the value, as determined under the regulations, of the aggregate of all quantities of a medicinal product, other than quantities which the regulations direct to be excluded from the calculation, which, during a period specified in the regulations—
(a) in the case of a product licence, are sold or supplied in the United Kingdom by the holder of the licence or such other person as may be prescribed by the regulations;
(b) in the case of a manufacturer’s licence, are manufactured or assembled by the holder of the licence in the United Kingdom;
(c) in the case of a wholesale dealer’s licence, are sold by the holder of the licence by way of wholesale dealing in the United Kingdom.”
(4) Any regulations which purport to have been made under section 1 of the [1971 c. 69.] Medicines Act 1971—
(a) if they purport to be in force on the day this Act is passed, shall have effect and be deemed always to have had effect; and
(b) if they do not purport to be in force on the day this Act is passed shall be deemed to have had effect at all times when they purported to be in force,
as if this section had been in force when they were made.
—The following paragraphs shall be inserted after paragraph (c) of section 103(1) of the [1968 c. 67.] Medicines Act 1968—
“(ca) the International Pharmacopoeia;
(cb) the Cumulative List of Recommended International Nonproprietary Names;”.
(2) Regulations and orders made under the Medicines Act 1968 before the passing of this Act shall be construed as if section 103(1) of that Act, as originally enacted, had included the paragraphs added by subsection (1) above, but their addition does not extend the meaning of “specified publication”, where that term is used in regulations and orders so made.
(3) References to International Nonproprietary Names in regulations and orders made under that Act before the passing of this Act shall be construed as references to names contained from time to time in the Cumulative List.
(4) In section 103(3) of the Medicines Act 1968 for the words “other than this”, there shall be substituted the words “contained in this Act or in any other”.
(5) Regulations and orders made under that Act before the passing of this Act shall be construed as if—
(a) section 103(3) of that Act, as originally enacted, had included the words added to it by subsection (4) above; and
(b) the power to make them had been exercised in the manner provided by section 103(3).
(6) In section 103(5) after the word “force”, in the second place where it occurs, there shall be inserted the words “, under whatever title,”.
(7) Regulations and orders made under that Act before the passing of this Act shall be construed as if section 103(5), as originally enacted, had included the words added by subsection (6) above.
(8) This section does not alter the meaning of any instrument in respect of a period before the passing of this Act.
(1) The Secretary of State may provide by regulations that a person—
(a) who sells or supplies to another an HIV testing kit or any component part of such a kit;
(b) who provides another with HIV testing services; or
(c) who advertises such kits or component parts or such services,
shall be guilty of an offence.
(2) The power to make regulations conferred by this section shall be exercisable by statutory instrument, and a statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) The power may be exercised—
(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and
(b) so as to make, as respects the cases in relation to which it is exercised—
(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise);
(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes;
(iii) any such provision either unconditionally, or subject to any specified condition,
and includes power to make such incidental or supplemental provision as the Secretary of State considers appropriate.
(4) If any person contravenes regulations under this section, he shall be liable—
(a) on summary conviction to a fine not exceeding the statutory maximum; and
(b) on conviction on indictment to a fine or to imprisonment for a term of not more than two years, or to both.
(5) Where an offence under this section which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(6) In this section—
“HIV” means Human Immunodeficiency Virus of any type;
“HIV testing kit” means a diagnostic kit the purpose of which is to detect the presence of HIV or HIV antibodies; and
“HIV testing services” means diagnostic services the purpose of which is to detect the presence of HIV or HIV antibodies in identifiable individuals.
Any expenses of a Minister of the Crown incurred in consequence of the provisions of this Act shall be paid out of money provided by Parliament.
(1) The enactments mentioned in Schedule 2 to this Act shall have effect with the amendments there specified (being amendments consequential on the foregoing provisions of this Act).
(2) The enactments mentioned in Schedule 3 to this Act are repealed to the extent specified in the third column of that Schedule.
(1) The provisions of this Act to which this subsection applies shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed in pursuance of this subsection for different provisions or different purposes of the same provision.
(2) Subsection (1) above applies to the following provisions of this Act—
section 8;
section 9;
section 11;
section 12;
section 13;
section 14;
section 25(1), so far as it relates to paragraphs 3, 4, 5, 8, 10, 11, 12 and 15 of Schedule 2 to this Act, and to paragraphs 1 and 9 of that Schedule to the extent that they have effect for the purposes of those paragraphs;
section 25(2), so far as it relates—
(a) to the [1966 c. 8.] National Health Service Act 1966;
(b) to the [1972 c. 11.] Superannuation Act 1972;
(c) to sections 37(a), 78(1) and 79(1) of the [1977 c. 49.] National Health Service Act 1977 and Schedules 12 and 15 to that Act;
(d) to sections 4(1), 70(1) and 71(1) of the [1978 c. 29.] National Health Service (Scotland) Act 1978 and Schedules 11 and 16 to that Act;
(e) to sections 17 and 19 of the [1980 c. 53.] Health Services Act 1980;
(f) to the [1984 c. 48.] Health and Social Security Act 1984;
(g) to the [1985 c. 9.] Companies Consolidation (Consequential Provisions) Act 1985.
(3) The provisions of this Act to which this subsection applies shall come into force on the day this Act is passed.
(4) Subsection (3) above applies to the following provisions of this Act—
section 1 (including Schedule 1) and sections 2 to 6;
section 17(3);
section 19;
section 21;
section 22;
section 25(2), so far as it relates to section 28(4) of the [1977 c. 49.] National Health Service Act 1977;
this section;
section 27;
section 28;
(5) Subject to the foregoing provisions of this section, this Act shall come into force at the end of the period of two months beginning with the day this Act is passed.
(6) The Secretary of State may by regulations made by statutory instrument make—
(a) such transitional provision;
(b) such consequential provision; and
(c) such savings,
as he considers necessary or expedient in preparation for or in connection with the coming into force of any provision of this Act or the operation of any enactment which is repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.
(7) Regulations under this section may modify any enactment contained in this or in any other Act and any instrument made under an Act of Parliament.
(8) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to the purposes of a provision of this Act to which this subsection applies—
(a) shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule (affirmative resolution of both Houses of Parliament); but
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2) The provisions of this Act to which subsection (1) above applies are sections 7 to 11, section 13, sections 15 to 18 and section 23.
(3) Sections 13(6) and (7), 14, 21 and 22 above and this section extend to Northern Ireland.
(4) Section 26 above extends to Northern Ireland so far as it relates to the provisions mentioned in subsection (3) above and this section.
(5) Subject to the foregoing provisions of this section, this Act does not extend to Northern Ireland.
This Act may be cited as the Health and Medicines Act 1988.