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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2002/20020236.html

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2002 No. 236

MEDICINES

The Medicines (Codification Amendments Etc.) Regulations 2002

  Made 7th February 2002 
  Laid before Parliament 7th February 2002 
  Coming into force 28th February 2002 

The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1], being designated for the purposes of that section in relation to medicinal products[2], hereby makes the following Regulations - 

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Medicines (Codification Amendments Etc.) Regulations 2002 and shall come into force on 28th February 2002.

    (2) In these Regulations "the 2001 Directive" means Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use[
3].

Amendment of the Medicines Act 1968
     2. The Medicines Act 1968[4] is amended as follows - 

Amendment of the Standard Provisions Regulations 1971
     3. The Medicines (Standard Provisions for Licences and Certificates) Regulations 1971[5] are amended as follows - 

Amendment of the Manufacturer's and Wholesaler Dealer's Regulations 1971
     4. The Medicines (Applications for Manufacturer's and Wholesale Dealer's Licences) Regulations 1971[6] are amended as follows - 

Amendment of the Labelling Regulations 1976
     5. The Medicines (Labelling) Regulations 1976[7] are amended as follows - 

Amendment of the Active Implantable Medical Devices Regulations 1992
     6. Paragraph 10 of Schedule 2 to the Active Implantable Medical Devices Regulations 1992[8] (essential requirements for active implantable medical devices), is amended as follows - 

Amendment of the Product Licences Regulations 1993
     7. The Medicines (Applications for Grant of Product Licences - Products for Human Use) Regulations 1993[9] are amended as follows - 

Amendment of the Marketing Authorisations Regulations 1994
     8. The Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994[10] are amended as follows - 

Amendment of the Homoeopathic Medicinal Products for Human Use Regulations 1994
     9. The Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994[21] are amended as follows - 

Amendment of the Advertising Regulations 1994
     10. In the Medicines (Advertising) Regulations 1994[22], regulation 2(1) (interpretation) is amended as follows - 

Amendment of the Monitoring of Advertising Regulations 1994
     11. In the Medicines (Monitoring of Advertising Regulations) 1994[23], regulation 2(6) (application) is amended as follows - 

Amendment of the Restrictions on the Administration of Veterinary Medicinal Products Regulations 1994
     12. In the Medicines (Restrictions on the Administration of Veterinary Medicinal Products) Regulations 1994[24], regulation 2(1) (interpretation), in the definition of "homoeopathic medicinal product" for "Article 1.1 of Council Directive 92/73/EEC" there is substituted "Article 1.5 of Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use".

Amendment of the Medical Devices Regulations 1994
     13. The Medical Devices Regulations 1994[25] are amended as follows - 

Amendment of the Advisory Board on the Registration of Homoeopathic Products Order 1995
     14. In the Medicines (Advisory Board on the Registration of Homoeopathic Products) Order 1995[26], in article 2(2) (conditions in respect of homoeopathic products in which the Advisory Board on the Registration of Homoeopathic Products was established to advise), in sub-paragraph (a) for "Article 2(1) of Council Directive 92/73/EEC" there is substituted "Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use".

Amendment of the Medical Devices (Consultation Requirements) (Fees) Regulations 1995
     15. In the Medical Devices (Consultation Requirements) (Fees) Regulations 1995[27], regulation 1(2) (interpretation) is amended as follows - 

Amendment of the Fees Regulations 1995
     16. The Medicines (Products for Human Use - Fees) Regulations 1995[28] are amended as follows - 

Amendment of the Health Service Medicines (Control of Prices of Branded Medicines) Regulations 2000 and the Health Service Medicines (Control of Prices of Generic Medicines) Regulations 2000
     17. In both the Health Service Medicines (Control of Prices of Branded Medicines) Regulations 2000[29] and the Health Service Medicines (Control of Prices of Specified Generic Medicines) Regulations 2000[30], in regulation 2(1) (interpretation) for paragraph (a) of the definition of "marketing authorisation", in each of those instruments, there is substituted - 

Amendment of the Stop Now Orders EC Directive Regulations 2001
     18. In the Stop Now Orders (EC Directive) Regulations 2001[31], in Schedule 1 (meaning of "the Directives") for entry 6 there is substituted "Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use, in so far as it relates to the advertising of medicinal products for human use.".

Amendment of the Health Service Medicines (Information on Prices of Specified Generic Medicines) Regulations 2001
     19. In the Health Service Medicines (Information on the Prices of Specified Generic Medicines) Regulations 2001[32], in regulation 2(1) (interpretation), in the definition of "marketing authorisation" for paragraph (a) there is substituted - 



Signed by authority of the Secretary of State for Health


Hunt
Parliamentary Under Secretary of State, Department of Health

7th February 2002



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make consequential amendments to the references in the Medicines Act 1968 and various statutory instruments relating to medicinal products and devices following the adoption of Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use. That Codification Directive repealed and re-enacted Council Directive 65/65/EEC (and its successive amendments, namely Council Directives 66/454/EEC, 75/319/EEC, 83/570/EEC, 87/21/EEC, 89/341/EEC, 92/27/EEC and 93/39/EEC); Council Directive 75/318/EEC (and its successive amendments, namely Council Directives 83/570/EEC, 87/19/EEC, 89/341/EEC, 91/507/EEC and 93/39/EEC and Commission Directives 1999/82/EC and 1999/83/EC); Council Directive 75/319/EEC (and its successive amendments, namely Council Directives 78/420/EEC, 83/570/EEC, 89/341/EEC, 92/27/EEC and 93/39/EEC and Commission Directive 2000/38/EC); Council Directive 89/342/EEC; Council Directive 89/343/EEC; Council Directive 89/381/EEC; Council Directive 92/25/EEC; Council Directive 92/26/EEC; Council Directive 92/27/EEC; Council Directive 92/28/EEC and Council Directive 92/73/EEC. Where references to the repealed Directives appeared in the Medicines Act 1968 and statutory instruments numbered 1971/972, 1971/974, 1976/1726, 1992/3146, 1993/2538, 1994/105, 1994/1932, 1994/1933, 1994/2987, 1994/3017, 1994/3144, 1995/309, 1995/449, 1995/1116, 2000/123, 2000/1763, 2001/1422 and 2001/3798, they have been replaced with an appropriate reference to the 2001 Codification Directive and related legislation.

In addition, these Regulations implement Commission Directive 2000/38/EC of 5th June 2000 amending Chapter Va (Pharmacovigilance) of Council Directive 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products. That implementation is effected by adding a new sub-paragraph (d) to paragraph 10 of Schedule 3 to the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 and importing the amendments made by Commission Directive 2000/38/EC into the amended definition of "the relevant Community provisions" which appears in those Regulations. For the purposes of the implementation, that definition is relevant in particular in regulation 7 of those Regulations (obligations of holders of marketing authorisations and offences).

A Regulatory Impact Assessment in relation to these Regulations, and a Transposition Note in relation to the implementation of Commission Directive 2000/38/EC, have been placed in the libraries of both Houses of Parliament and copies may be obtained from the Medicines Control Agency, Market Towers, 1 Nine Elms Lane, London SW8 5NQ.


Notes:

[1] 1972 c. 68.back

[2] See the European Communities (Designation) Order 1972 (S.I.1972/1811).back

[3] OJ No. L311, 28.11.2001, p. 67.back

[4] 1968 c. 67.back

[5] S.I. 1971/972; relevant amendments were made by S.I. 1977/1053, 1993/833, 1994/103 and 1992/3272.back

[6] S.I. 1971/974; a relevant amendment was made by S.I. 1993/832.back

[7] S.I. 1976/1726; relevant amendments were made by S.I. 1992/3273, 1994/104 and 3144 and 1996/2194.back

[8] S.I. 1992/3146, to which there are amendments not relevant to these Regulations.back

[9] S.I. 1993/2538; a relevant amendment was made by S.I. 1997/654.back

[10] S.I. 1994/3144; relevant amendments were made by S.I. 1998/3105, 2000/292, and 2001/795.back

[11] OJ No. L311, 28.11.01, p. 67.back

[12] OJ No. L214, 24.8.93, p. 1.back

[13] OJ No. L55, 11.3.95, p. 5.back

[14] OJ No. L55, 11.3.95, p. 7.back

[15] See Regulation (EC) No. 1146/98 (OJ No. L159, 3.6.98, p. 31).back

[16] OJ No. L55, 11.3.95, p. 15.back

[17] See Regulation (EC) No. 1069/98 (OJ No. L153, 27.5.98, p. 11).back

[18] OJ No. L103, 28.4.00, p. 1.back

[19] OJ No. L18, 22.1.00, p. 5.back

[20] See Articles 2 and 3 of the Directive.back

[21] S.I. 1994/105; a relevant amendment was made by S.I. 1998/574.back

[22] S.I. 1994/1932; relevant amendments were made by S.I. 1994/276 and 3144, and 1999/267.back

[23] S.I. 1994/1933.back

[24] S.I. 1994/2987.back

[25] S.I. 1994/3107, amended by S.I. 2000/1315.back

[26] S.I. 1995/309.back

[27] S.I. 1995/449.back

[28] S.I. 1995/1116; relevant amendments were made by S.I. 1998/574, 2000/592 and 3031, and 2001/795.back

[29] S.I. 2000/123.back

[30] S.I. 2000/1763.back

[31] S.I. 2001/1422.back

[32] S.I. 2001/3798.back



ISBN 0 11 039373 2


  Prepared 26 February 2002


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