Statutory Instruments

1989 No. 192 (C. 6)

MEDICINES

The Medicines Act 1968 (Commencement No. 8) Order 1989

Made

14th February 1989

The Secretary of State concerned with health in England, the Secretaries of State respectively concerned with health and 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 powers conferred by section 136(3) of the Medicines Act 1968(1) and now vested in them(2) and of all other powers enabling them in that behalf, after consulting, pursuant to section 129(6) of that Act, such organisations as appear to them to be representative of interests likely to be substantially affected by this Order, hereby make the following Order:—

1.  The day appointed for the coming into operation of section 135(1) of the Medicines Act 1968 for the purposes of the amendment to:

(a)section 2(5) of the Trade Descriptions Act 1968(3) specified in paragraph 16 of Schedule 5 to the Medicines Act 1968, and

(b)section 22(2) of the Trade Descriptions Act 1968 specified in paragraph 17 of the said Schedule

shall be 14th February 1989.

2.  This Order may be cited as the Medicines Act 1968 (Commencement No. 8) Order 1989.

Signed by authority of the Secretary of State for Health

D. Mellor

Minister of State,

Department of Health

24th January 1989

Peter Walker

Secretary of State for Wales

27th January 1989

Malcolm Rifkind

Secretary of State for Scotland

1st February 1989

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th February 1989.

L.S.

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 6th day of February 1989.

L.S.

F. A. Elliott

Permanent Secretary

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 7th day of February 1989.

L.S.

W. H. Jack

Permanent Secretary

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 14th February 1989 the amendments to the Trade Descriptions Act 1968 specified in

(a)paragraph 16 of Schedule 5 to the Medicines Act 1968 whereby labelling and marking of containers and packages for medicines which conform to regulations made under the Medicines Act 1968 are not treated as trade descriptions for the purposes of the Trade Descriptions Act 1968, and

(b)paragraph 17 of Schedule 5 to the Medicines Act 1968 whereby samples of any substance or article procured for analysis and produced in evidence in a prosecution under the Trade Descriptions Act 1968 are only admissible if they comply with the requirements of the Medicines Act 1968.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement order made before the date of this Order:

ProvisionDate of CommencementS.I. No.
Section 651.6.721972/788
Sections 85(5), 86(3), 93 and 971.9.721972/1225
Section 90(2)1.1.741973/1529
Section 77 and Section 135(2) and (4) (partially)1.1.741973/1851
Section 135(2) (partially)20.2.761976/74
Section 135(1) (partially)18.7.771977/1068
Sections 63, 64 and 135 (partially)  1.2.781977/2128
(1)

1968 c. 67; the expression “the Ministers” is defined at section 1(1) of the Medicines Act 1968, as amended by S.I. 1969/388.

(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); and 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).