Statutory Instrument 1988 No. 2136

      The Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) (Amendment) (No. 2) Order 1988


      © Crown Copyright 1988

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STATUTORY INSTRUMENTS

1988 No. 2136

MEDICINES

The Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) (Amendment) (No. 2) Order 1988

Made 5th December 1988
Laid before Parliament 15th December 1988
Coming into force 1st January 1989

    The Secretary of State concerned with health in England, the Secretaries of State respectively concerned with health and with agriculture in Scotland and in Wales, the Minister of Agriculture, Fisheries and Food, the Department of Health and Social Services for Northern Ireland and the Department of Agriculture for Northern Ireland acting jointly, in exercise of the powers conferred by sections 57(1), (2) and (2A) and 129(4) of the Medicines Act 1968[1] and now vested in them[2], and of all other powers enabling them in that behalf, after consulting such organisations as appear to them to be representative of interests likely to be substantially affected by the following Order in accordance with section 129(6) of that Act and with the consent of the Treasury in accordance with section 57(2A) of that Act, hereby make the following Order:
    Title, commencement and interpretation
        1.—(1)  This Order may be cited as the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) (Amendment) (No. 2) Order 1988 and shall come into force on 1st January 1989.

        (2)  In this Order "the principal Order" means the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) Order 1985[3].
    Amendment of the principal Order
        2.    The principal Order shall be amended in accordance with articles 3 to 7 below.
        3.    In article 3 (exemption for merchants in veterinary drugs)—
       (a) in paragraph (11)(a) there shall be substituted for the amount "£130.00" the amount "£150.00";
       (b) in paragraph (11)(b) there shall be substituted for the amount "£91.00" the amount "£99.00";
       (c) in paragraph (12)(b) there shall be inserted after the date "30th October 1984" the words ", as amended on 22nd November 1988,";
       (d) after paragraph (14) there shall be inserted the following paragraph—
        "  (14A)  The Society or the Department shall refuse to retain in the Society's register or the Department's register (as the case may be) the name of any person in respect of any premises if his name is already entered in the register on 1st January 1989 unless that person gives to the Society or the Department (as the case may be) on or before 31st January 1989 a new undertaking in writing that he will comply with the provisions of the code of practice referred to in paragraph (12)(b) above, and that undertaking shall supersede the undertaking previously given by him pursuant to that paragraph." ;
       (e) after paragraph (15) there shall be inserted the following paragraph—
        "  (15A)  The Society or the Department shall refuse to restore to the Society's register or the Department's register (as the case may be) the name of any person in respect of any premises if his name has been removed from the register before 1st January 1989 unless that person has given to the Society or the Department (as the case may be) a new undertaking in writing that he will comply with the provisions of the code of practice referred to in paragraph (12)(b) above, and that undertaking shall supersede the undertaking previously given by him pursuant to that paragraph." .
        4.    In article 5 (exemptions for merchants in horse wormers)—
       (a) in paragraph (11)(b) there shall be inserted after the date "October 1985" the words ", as amended on 22nd November 1988,";
       (b) after paragraph (13) there shall be inserted the following paragraph—
        "  (13A)  The Society or the Department shall refuse to retain in the register kept by the Society or the Department (as the case may be) under paragraph (6) above the name of any person in respect of any premises if his name is already entered in the register on 1st January 1989 unless that person gives to the Society or the Department (as the case may be) a new undertaking in writing that he will comply with the provisions of the code of practice referred to in paragraph (11)(b) above, and that undertaking shall supersede the undertaking previously given by him pursuant to that paragraph." ;
       (c) after paragraph (14) there shall be inserted the following paragraph—
        "  (14A)  The Society or the Department shall refuse to restore to the register kept by the Society or the Department (as the case may be) under paragraph (6) above the name of any person in respect of any premises if his name has been removed from the register before 1st January 1989 unless that person has given to the Society or the Department (as the case may be) a new undertaking in writing that he will comply with the provisions of the code of practice referred to in paragraph (11)(b) above, and that undertaking shall supersede the undertaking previously given by him pursuant to that paragraph." .
        5.    For Part B of Schedule 1 (veterinary drugs sold by merchants) there shall be substituted the provisions set out in Schedule 1 to this Order.
        6.    For Part B of Schedule 2 (veterinary drugs for incorporation in animal feeding stuffs) there shall be substituted the provisions set out in Schedule 2 to this Order.
        7.    In Schedule 4 (horse wormers) there shall be omitted—
       (a) the entry "PL 0003/4127 Systamex Paste 18.5% Horse and Pony Wormer";
       (b) the product licence number "PL 0829/4058" in the entry relating to Telmin.



Kenneth Clarke

Secretary of State for Health

29th November 1988

Sanderson of Bowden

Minister of State, Scottish Office

28th November 1988

Peter Walker

Secretary of State for Wales

28th November 1988
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28th November 1988.


John MacGregor

Minister of Agriculture, Fisheries and Food

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 1st day of December 1988.


F. A. Elliott

Permanent Secretary

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 2nd day of December 1988.


W. H. Jack

Permanent Secretary

We consent,

David Lightbown

David Maclean

Two of the Lords Commissioners of Her Majesty's Treasury

5th December 1988





Notes:

[1] 1968 c. 67; "the appropriate Ministers" referred to in section 57 is defined in section 1 (see also the following footnote); section 57(2A) was inserted by the Animal Health and Welfare Act 1984 (c. 40), section 14. back

[2] In the case of the Secretaries of State concerned with health in England and in Wales by virtue of S.I. 1969/388, in the case of the Secretary of State concerned with agriculture in Wales by virtue of S.I. 1978/272 and in the case of the Northern Ireland Departments by virtue of the Northern Ireland Constitution Act 1973 (c. 36), section 40 and Schedule 5, and the Northern Ireland Act 1974 (c. 28), section 1(3) and Schedule 1, paragraph 2(1)(b). back

[3] S.I. 1985/1823; relevant amending instruments are S.I. 1986/1997, 1987/1123, 1980, 1988/1015. back

 

Explanatory Note


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