Statutory Instruments

1980 No. 263

MEDICINES

The Medicines (Chloroform Prohibition) Amendment Order 1980

Made

29th February 1980

Laid before Parliament

7th March 1980

Coming into Operation

28th March 1980

The Secretaries of State respectively concerned with health in England, in Wales and in Scotland and the Department of Health and Social Services for Northern Ireland, acting jointly, in exercise of powers conferred by sections 62 and 129(4) of the Medicines Act 1968 and now vested in them(1) and of all other powers enabling them in that behalf, it appearing to them to be necessary in the interests of safety to prohibit, subject to specific exceptions, the sale or supply of medicinal products which are for human use and which consist of or contain chloroform, after consulting such organisations as appear to them to be representative of interests likely to be substantially affected by the Order, and after consulting and taking into account the advice of the Committee on Safety of Medicines(2), and after taking into account the report of the Medicines Commission made under section 62(5) of that Act, hereby make the following Order:-

Citation, interpretation and commencement

1. This Order, which amends the Medicines (Chloroform Prohibition) Order 1979 (hereinafter called the "principal Order"), may be cited as the Medicines (Chloroform Prohibition) Amendment Order 1980, and shall come into operation on 28th March 1980.

Amendment of the principal Order

2. After Article 4 of the principal Order there shall be added the following additional Article-

"Additional transitional provision

5. The prohibition imposed by Article 2 shall not operate until 1st January 1981 in the case of toothpaste containing chloroform in a proportion of not more than 4 per cent., calculated in terms of weight in weight (w/w) or volume in volume (v/v), as appropriate".

Patrick Jenkin

Secretary of State for Social Services

25th February 1980

Nicholas Edwards

Secretary of State for Wales

26th February 1980

George Younger

Secretary of State for Scotland

27th February 1980

Sealed with the official seal of the Department of Health and Social Services for Northern Ireland this 29th day of February 1980.

L.S.

N. Dugdale

Permanent Secretary

EXPLANATORY NOTE

This Order amends the Medicines (Chloroform Prohibition) Order 1979. It provides an additional transitional provision to enable wholesale dealing in medicinal products which are toothpastes, and which contain not more than 4 per cent. of chloroform, up to and including 31st December 1980. The Order is made for the purpose of implementing Council Directive 79/661/EEC relating to Cosmetic Products.

(1)

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) and in the case of the Department of Health and Social Services for Northern Ireland 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).

(2)

S.I. 1970/1257.