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The Secretary of State concerned with health in England, the Secretaries of State concerned with health and agriculture in Wales and in Scotland respectively, 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 powers conferred upon them by section 47(1) and 129(5) of the Medicines Act 1968[1] or, as the case may be, those conferred by the said provisions 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 these Regulations[3] hereby make the following Regulations: Citation, commencement and interpretation 1. - (1) These Regulations may be cited as the Medicines (Standard Provisions for Licences and Certificates) Amendment Regulations 1999 and shall come into force on 1st February 1999. (2) In these Regulations, "the principal Regulations" means the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971[4]. Amendment of regulation 2(1) of the principal Regulations 2. Paragraph (1) of regulation 2 of the principal Regulations (interpretation) shall be amended as follows-
(b) a Community marketing authorisation granted by the European Commission under Council Regulation (EEC) No. 2309/93[7]; or (c) a product licence which has effect as a United Kingdom marketing authorisation in accordance with paragraph 1 of Schedule 6 to the 1994 Regulations;".
Amendment of Schedule 3 to the principal Regulations
(4) After paragraph 8A there shall be inserted the following paragraph-
(2) No later than 28 days prior to each importation of an exempt imported product, the licence holder shall give written notice to the licensing authority stating his intention to import that medicinal product and stating the following particulars-
(b) any trademark or name of the manufacturer of the medicinal product; (c) in respect of each active constituent of the medicinal product, any international non-proprietary name or the British approved name or the monograph name or, where that constituent does not have an international non-proprietary name, a British approved name or a monograph name, the accepted scientific name or any other name descriptive of the true nature of that constituent; (d) the quantity of medicinal product which is to be imported which shall not exceed the quantity specified in sub-paragraph (6); and (e) the name and address of the manufacturer or assembler of that medicinal product in the form in which it is to be imported and, if the person who will supply that medicinal product for importation is not the manufacturer or assembler, the name and address of such supplier.
(3) Subject to sub-paragraph (4), the licence holder shall not import the exempt imported product if, before the end of 28 days from the date on which the licensing authority sends or gives the licence holder an acknowledgement in writing by the licensing authority that they have received the notice referred to in sub-paragraph (2) above, the licensing authority have notified him in writing that the product should not be imported.
(b) details of any adverse reaction to the product so sold or supplied of which he becomes aware.
(6) The licence holder shall import no more on any one occasion than such amount as is sufficient for 25 single administrations, or for 25 courses of treatment where the amount imported is sufficient for a maximum of three months' treatment and on any such occasion shall not import more than the quantity notified to the licensing authority under sub-paragraph (2)(d).
(This note is not part of the Regulations) These Regulations amend the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971 ("the principal Regulations"). They provide that holders of wholesale dealer's licences who import medicinal products for the purpose of sale and supply in specified circumstances where marketing authorisations are not required under The Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 (S.I. 1994/3144) must meet specified requirements. These are equivalent to those imposed on people exempt from the requirement to hold a product licence by virtue of The Medicines (Exemption from Licences) (Importation) Order 1984 (S.I. 1984/673). The requirements are imposed in a new paragraph 8B of Schedule 3 to the principal Regulations which is inserted by regulation 3(4). Under the new paragraph, holders of wholesale dealer's licences relating to exempted products (as defined in regulation 2(3) which inserts the new definition into regulation 2(1) of the principal Regulations) must only sell or supply such products in specified circumstances and where they have complied with the provisions set out in regulation 3(4) of these Regulations. The provisions require notification of the licensing authority concerning the importation of the products, record-keeping and set maximum quantities for import. Under regulation 3(3) (which inserts a new paragraph 8(7A) into Schedule 3), exempted products are also not required to undergo controls carried out by a qualified person. An assessment of the cost to business has been carried out and these Regulations impose no new costs on business. Notes: [1] 1968 c. 67. The expression "the Ministers" is defined in section 1(1) of that Act as amended by S.I. 1969/388, Schedule 1.back [2] In the case of the Secretaries of State concerned with health in England and in Wales by virtue of article 2(2) of, and Schedule 1 to, the Transfer of Functions (Wales) Order 1969 (S.I. 1969/388); in the case of the Secretary of State concerned with agriculture in Wales by virtue of article 2(3) of, and Schedule 1 to, the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272); in the case of the Northern Ireland Departments by virtue of section 40 of, and Schedule 5 to, the Northern Ireland Constitution Act 1973 (c. 36) and section 1(3) of, and paragraph 2(1)(b) of Schedule 1 to, the Northern Ireland Act 1974 (c. 28).back [3] See section 129(6) of the Medicines Act 1968.back [4] S.I. 1971/972. The relevant amending instruments are 1972/1226, 1977/1053, 1983/1730, 1992/2846 and 1993/833.back [5] S.I. 1994/3144; there are no amendments affecting the definition.back [6] OJ No. 22, 9.2.65, p. 369; there are no amendments affecting the definition.back [7] OJ No. L214, 24.8.93, p. 1.back
ISBN 0 11 080338 8
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