Medicines Act 1968

1. Introductory Text

2. PART I Administration

   1. 1. Ministers responsible for administration of Act

   2. 2. Establishment of Medicines Commission

   3. 3. General functions of Commission

   4. 4. Establishment of committees

   5. 5. Supplementary provisions as to Commission and committees

3. PART II Licences and Certificates Relating to Medicinal Products

   1. General provisions and exemptions

      1. 6. The licensing authority

      2. 7. General provisions as to dealing with medicinal products

      3. 8. Provisions as to manufacture and wholesale dealing

      4. 9. Exemptions for doctors, dentists, veterinary surgeons and veterinary practitioners

      5. 10. Exemptions for pharmacists

      6. 11. Exemption for nurses and midwives

      7. 12. Exemptions in respect of herbal remedies

      8. 13. Exemptions for imports

      9. 14. Exemption for re-exports

      10. 15. Provision for extending or modifying exemptions

      11. 16. Transitional exemptions

      12. 17. Termination of transitional exemptions

   2. Applications for, and grant and renewal of, licences

      1. 18. Application for licence

      2. 19. Factors relevant to determination of application for licence

      3. 20. Grant or refusal of licence

      4. 21. Procedure on reference to appropriate committee or Commission

      5. 22. Procedure in other cases

      6. 23. Special provisions as to effect of manufacturer's licence

      7. 24. Duration and renewal of licence

   3. Licences of right

      1. 25. Entitlement to licence of right

      2. 26. Scope of licence of right in different cases

      3. 27. Proceedings on application for licence of right

   4. Suspension, revocation and variation of licences

      1. 28. General power to suspend, revoke or vary licences

      2. 29. Procedure where licensing authority propose to suspend, revoke or vary licence under s. 28

      3. 30. Variation of licence on application of holder

   5. Clinical trials and medicinal tests on animals

      1. 31. Clinical trials

      2. 32. Medicinal tests on animals

      3. 33. Exemptions in respect of medicinal tests on animals

      4. 34. Restrictions as to animals on which medicinal tests have been carried out

      5. 35. Supplementary provisions as to clinical trials and medicinal tests on animals

      6. 36. Application for, and issue of, certificate

      7. 37. Transitional provisions as to clinical trials and medicinal tests on animals

      8. 38. Duration and renewal of certificate

      9. 39. Suspension, revocation or variation of certificate

   6. Medicated animal feeding stuffs

      1. 40. General provisions relating to medicated animal feeding stuffs

      2. 41. Transitional provisions as to restrictions under s. 40

      3. 42. Supplementary provisions as to incorporation of substances and articles in animal feeding stuffs

   7. Supplementary provisions

      1. 43. Extension of s.7 to certain special circumstances

      2. 44. Provision of information to licensing authority

      3. 45. Offences under Part II

      4. 46. Special defences under s. 45

      5. 47. Standard provisions for licences or certificates

      6. 48. Postponement of restrictions in relation to exports

      7. 49. Special provisions in respect of exporting certain products

      8. 50. Certificates for exporters of medicinal products

4. PART III Further Provisions relating to Dealings with Medicinal Products

   1. Provisions as to sale or supply of medicinal products

      1. 51. General sale lists

      2. 52. Sale or supply of medicinal products not on general sale list

      3. 53. Sale or supply of medicinal products on general sale list

      4. 54. Sale of medicinal products from automatic machines

   2. Exemptions from sections 52 and 53

      1. 55. Exemptions for doctors, dentists, veterinary surgeons and veterinary practitioners

      2. 56. Exemptions in respect of herbal remedies

      3. 57. Power to extend or modify exemptions

   3. Additional provisions

      1. 58. Medicinal products on prescription only

      2. 59. Special provisions in relation to new medicinal products

      3. 60. Restricted sale, supply and administration of certain medicinal products

      4. 61. Special restrictions on persons to be supplied with medicinal products

      5. 62. Prohibition of sale or supply, or importation, of medicinal products of specified description, or of animal feeding stuffs incorporating such products

      6. 63. Adulteration of medicinal products

      7. 64. Protection of purchasers of medicinal products

      8. 65. Compliance with standards specified in monographs in certain publications

      9. 66. Further powers to regulate dealings with medicinal products

   4. Offences, and provision for disqualification

      1. 67. Offences under Part III

      2. 68. Disqualification on conviction of certain offences

5. PART IV Pharmacies

   1. Persons lawfully conducting retail pharmacy business

      1. 69. General provisions

      2. 70. Business carried on by individual pharmacist or by partners

      3. 71. Bodies corporate

      4. 72. Representative of pharmacist in case of death or disability

      5. 73. Power to extend or modify conditions

   2. Registration of pharmacies

      1. 74. Meaning of " registered pharmacy "

      2. 75. Registration of premises

      3. 76. Supplementary provisions as to registration of premises

      4. 77. Annual return of premises to registrar

   3. Provisions as to use of certain titles, descriptions and emblems

      1. 78. Restrictions on use of titles, descriptions and emblems

      2. 79. Provision for modifying or extending restrictions under s. 78

   4. Disqualification, and removal of premises from register

      1. 80. Power for Statutory Committee to disqualify and direct removal from register

      2. 81. Grounds for disqualification in certain cases

      3. 82. Procedure relating to disqualification

      4. 83. Revocation of disqualification

   5. Supplementary provisions

      1. 84. Offences under Part IV

6. PART V Containers, Packages and Identification of Medicinal Products

   1. 85. Labelling and marking of containers and packages

   2. 86. Leaflets

   3. 87. Requirements as to containers

   4. 88. Distinctive colours, shapes and markings of medicinal products

   5. 89. Display of information on automatic machines

   6. 90. Provisions as to medicated animal feeding stuffs

   7. 91. Offences under Part V, and supplementary provisions

7. PART VI Promotion of Sales of Medicinal Products

   1. 92. Scope of Part VI

   2. 93. False or misleading advertisements and representations

   3. 94. Advertisements requiring consent of holder of product licence

   4. 95. Powers to regulate advertisements and representations

   5. 96. Advertisements and representations directed to practitioners

   6. 97. Power for licensing authority to require copies of advertisements

8. PART VII British Pharmacopoeia and Other Publications

   1. 98. Copyright in British Pharmacopoeia

   2. 99. New editions of British Pharmacopoeia, and other compendia

   3. 100. Lists of names

   4. 101. Other publications

   5. 102. Supplementary provisions

   6. 103. Construction of references to specified publications

9. PART VIII Miscellaneous and Supplementary Provisions

   1. 104. Application of Act to certain articles and substances

   2. 105. Application of Act to certain other substances which are not medicinal products

   3. 106. Extension of references to carrying on business

   4. 107. Validity of decisions and proceedings relating thereto

   5. 108. Enforcement in England and Wales

   6. 109. Enforcement in Scotland

   7. 110. Enforcement in Northern Ireland

   8. 111. Rights of entry

   9. 112. Power to inspect, take samples and seize goods and documents

   10. 113. Application of sampling procedure to substance or article seized under s. 112

   11. 114. Supplementary provisions as to rights of entry and related rights

   12. 115. Analysis of samples in other cases

   13. 116. Liability to forfeiture under Customs and Excise Act 1952

   14. 117. Special enforcement and sampling provisions relating to animal feeding stuffs

   15. 118. Restrictions on disclosure of information

   16. 119. Protection for officers of enforcement authorities

   17. 120. Compensation for loss of employment or loss or diminution of emoluments

   18. 121. Contravention due to default of other person

   19. 122. Warranty as defence

   20. 123. Offences in relation to warranties and certificates of analysis

   21. 124. Offences by bodies corporate

   22. 125. Prosecutions

   23. 126. Presumptions

   24. 127. Service of documents

   25. 128. Financial provisions

   26. 129. Orders and regulations

   27. 130. Meaning of " medicinal product" and related expressions

   28. 131. Meaning of "wholesale dealing," "retail sale" and related expressions

   29. 132. General interpretation provisions

   30. 133. General provisions as to operation of Act

   31. 134. Special provisions as to Northern Ireland

   32. 135. Minor and consequential amendments and repeals

   33. 136. Short title, extent and commencement

10. SCHEDULES

    1. SCHEDULE 1

       Provisions Relating to Medicines Commission and Committees

       1. 1. The Ministers may make provision by regulations with respect to...

       2. 2. The Minister shall provide the Commission and each committee established...

       3. 3. The validity of any proceedings of the Commission or of...

       4. 4. The Commission and any such committee or sub-committee shall have...

       5. 5. The Ministers may pay to the members of the Commission...

       6. 6. The Ministers shall defray any expenses incurred with their approval...

       7. 7. Neither the Commission nor any such committee or sub-committee shall...

    2. SCHEDULE 2

       Suspension, Revocation or Variation of Licence

       1. Consultation with appropriate committee or Commission

          1. 1. Except as provided by paragraph 11 of this Schedule, where...

          2. 2. Where the appropriate committee or the Commission are consulted under...

          3. 3. Where the holder of the licence has availed himself of...

          4. 4. Whether the holder of the licence has been heard or...

          5. 5. If, within the time allowed after the service of a...

          6. 6. If the licensing authority— (a) propose to determine the matter...

          7. 7. Any notification given to the holder of the licence under...

       2. Notification of proposals to holder of licence in other cases

          1. 8. Except as provided by paragraph 11 of this Schedule, where...

          2. 9. If, before the date specified in a notice under paragraph...

       3. Procedure in case of urgency

          1. 10. The following provisions of this Schedule shall have effect where...

          2. 11. In the circumstances specified in paragraph 10 of this Schedule,...

          3. 12. If the licence is a product licence, the licensing authority...

          4. 13. If, after the suspension has taken effect, it appears to...

          5. 14. Where, in the circumstances specified in paragraph 13 of this...

          6. 15. The provisions of section 27(7) of this Act shall, with...

       4. Provisions as to hearings

          1. 16. Subsection (7) of section 21 of this Act shall have...

    3. SCHEDULE 3

       Sampling

       1. Introductory

          1. 1. (1) The provisions of this Schedule shall have effect where...

       2. Division of sample

          1. 2. The sampling officer shall forthwith divide the sample into three...

          2. 3. If the sample was purchased by the sampling officer, otherwise...

          3. 4. If the sampling officer obtained the sample from an automatic...

          4. 5. If the sample is of goods consigned from outside the...

          5. 6. If, in a case not falling within any of paragraphs...

          6. 7. If, in a case not falling within any of paragraphs...

          7. 8. In any case not falling within any of paragraphs 3...

          8. 9. In every case falling within any of paragraphs 3 to...

          9. 10. Of the remaining parts of the sample into which the...

          10. 11. Where a sample consists of substances or articles enclosed in...

          11. 12. Section 127 of this Act shall have effect in relation...

          12. 13. If after reasonable inquiry the sampling officer is unable to...

       3. Notice to person named on container

          1. 14. (1) Where it appears to the sampling officer that a...

       4. Analysis or other examination of sample

          1. 15. If the sampling officer decides to submit the sample for...

          2. 16. Where the relevant enforcement authority is a Minister or the...

          3. 17. Any such arrangements as are mentioned in paragraph 15(b) or...

          4. 18. (1) Subject to the following sub-paragraph, the person to ,...

          5. 19. (1) A public analyst who has analysed a sample submitted...

          6. 20. (1) Any person to whom, in accordance with paragraphs 2...

       5. Provisions as to evidence

          1. 21. In any proceedings for an offence under this Act a...

          2. 22. In any proceedings for an offence under this Act a...

          3. 23. (1) If in any such proceedings before a magistrates' court...

       6. Analysis under direction of court

          1. 24. (1) In any proceedings for an offence under this Act,...

          2. 25. The costs of any analysis or examination under paragraph 24...

       7. Proof by written statement

          1. 26. In relation to England and Wales section 9 of the...

       8. Power to modify sampling provisions

          1. 27. The Ministers may by order provide that, in relation to...

       9. Payment for sample taken under compulsory powers

          1. 28. (1) Where a sampling officer takes a sample in the...

       10. Application of s. 64 to samples

           1. 29. Where a medicinal product is taken as a sample by...

    4. SCHEDULE 4

       Provisions relating to Northern Ireland

       1. 1. (1) The Minister of Health and Social Services for Northern...

       2. 2. Where the Minister of Agriculture for Northern Ireland is of...

       3. 3. A product licence, in so far as it is applicable...

       4. 4. Notwithstanding anything contained in section 28(3) or section 39(2) of...

       5. 5. Where by virtue of paragraph 3 of this Schedule a...

       6. 6. The appropriate Northern Ireland Minister or Ministers may in relation...

       7. 7. Where an order is made by virtue of paragraph 6...

       8. 8. Every order or regulation under this Act made by the...

       9. 9. In this Schedule " the appropriate Northern Ireland Minister or...

       10. 10. In this Act any reference to the Minister of Health...

       11. 11. The Statutory Rules Act (Northern Ireland) 1958, except section 2(2)(a)...

    5. SCHEDULE 5

       Amendments of Enactments of Parliament of United Kingdom

       1. The Venereal Disease Act 1917 (c. 21)

          1. 1. In the proviso to section 2 (restriction on advertisements relating...

       2. The Pharmacy and Poisons Act 1933 (c. 25)

          1. 2. In section 17(2), for the words from "those poisons" to...

          2. 3. In section 18, in subsection (1), for paragraphs (a) and...

          3. 4. In section 21, in subsection (1), for the words from...

          4. 5. In section 22, before the word " poison " there...

          5. 6. In section 23, in subsections (1) and (2), before the...

          6. 7. In section 24, in subsection (2), before the word "...

          7. 8. In section 25, in subsection (1), for the words "...

          8. 9. In section 29, for the definition of "pharmacist" there shall...

       3. The Cancer Act 1939 (c. 13)

          1. 10. In section 4, in subsection (4)(a)(v), for the words "...

       4. The National Health Service Act 1946 (c. 81)

          1. 11. In section 39(2), for the words "authorised sellers of poisons...

       5. The National Health Service (Scotland) Act 1947 (c. 27)

          1. 12. In section 41(2), for the words " authorised sellers of...

       6. The Purchase Tax Act 1963 (c. 9)

          1. 13. In Part II of Schedule 1, in paragraph 5(1)(a)(i) for...

       7. The Drugs (Prevention of Misuse) Act 1964 (c. 64)

          1. 14. In section 1, in subsection (2), in paragraph (f), for...

       8. The Dangerous Drugs Act 1965 (c.15)

          1. 15. In section 11, in subsection (2), for the words from...

       9. The Trade Descriptions Act 1968 (c. 29)

          1. 16. In section 2, in subsection (5), after the word "...

          2. 17. In section 22, in subsection (2), after the words "...

    6. SCHEDULE 6

       Enactments of Parliament of United Kingdom Repealed

    7. SCHEDULE 7

       Amendments of Enactments of Parliament of Northern Ireland

       1. The Pharmacy and Poisons Act (Northern Ireland) 1925 c. 8 (N.I.)

          1. 1. In section 10(2) for the words " open shop is...

          2. 2. Sections 17 and 18 shall cease to have effect.

          3. 3. In section 25 for the word " poisons " there...

          4. 4. In section 27(2) for the words from the beginning to...

          5. 5. In section 30 for the definition of " poison" there...

          6. 6. Schedule 3 shall cease to have effect.

       2. The Medicines, Pharmacy and Poisons Act (Northern Ireland) 1945 1945 c. 9 (N.I.)

          1. 7. Part I shall cease to have effect.

          2. 8. In section 14(1) the words " if he is a...

          3. 9. In section 14(6) for the words ", or in respect...

          4. 10. Sections 15 to 18 shall cease to have effect.

          5. 11. In section 19 in subsection (1) for the words "carry...

          6. 12. In section 26A(3) for the words from " those poisons"...

          7. 13. In section 27, in subsection (1) for paragraphs (a) and...

          8. 14. Section 28 shall cease to have effect.

          9. 15. In section 30, in subsection (1), for the words from...

          10. 16. In section 31, before the word "poison" there shall be...

          11. 17. In section 32, in subsection (1) and (2), before the...

          12. 18. In section 33(2) before the word "poison" there shall be...

          13. 19. In section 35(3) the words " section four, section five...

          14. 20. In section 36 in subsections (2) and (3) for the...

          15. 21. Section 37 shall cease to have effect.

          16. 22. In section 38, in subsection (1), the definitions of "...

          17. 23. In Schedule 2 in the proviso to paragraph 1, the...

       3. The Pharmacy and Poisons Act (Northern Ireland) 1955 1955 c. 31 (N.I.)

          1. 24. In sections 1 and 3 there shall be made the...

          2. 25. Section 2 shall cease to have effect.

          3. 26. In section 12(1) for paragraphs (a) and (b) there shall...

          4. 27. Section 14 shall cease to have effect.

       4. The Pharmacy Act (Northern Ireland) 1967 1967 c. 12 (N.I.)

          1. 28. Section 5 shall cease to have effect.

          2. 29. In Schedule 1— (a) the entries amending sections 17 and...

       5. The Increase of Fines Act (Northern Ireland) 1967 1967 c. 29 (N.l.)

          1. 30. In the Schedule— (a) in the entry relating to section...

    8. SCHEDULE 8

       Enactments of Parliament of Northern Ireland Repealed