The Medicines (Surgical Materials) Order 1971

Statutory Instruments

1971 No. 1267

MEDICINES

The Medicines (Surgical Materials) Order 1971

Made

30th July 1971

Coming into Operation

1st September 1971

The Secretaries of State respectively concerned with health in England and in Wales, the Secretary of State concerned with health in Scotland, and the Minister of Health and Social Services for Northern Ireland, (hereinafter referred to as “the Health Ministers”) acting jointly, in exercise of their powers under section 104(1) of the Medicines Act 1968, as having effect subject to the provisions of article 2(2) of and Schedule 1 to, the Transfer of Functions (Wales) Order 1969(1), 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 the following order and after having taken into account the advice of the Medicines Commission, hereby make the following order, a draft of which has been laid before Parliament and has been approved by resolution of each House of Parliament.

Citation and commencement

1.  This order may be cited as the Medicines (Surgical Materials) Order 1971 and shall come into operation on 1st September 1971.

Interpretation

2.—(1) In this order unless the context otherwise requires—

“the Act” means the Medicines Act 1968;

and other expressions have the same meaning as in the Act.

(2) The Interpretation Act 1889 shall apply to the interpretation of this order as it applies to the interpretation of an Act of Parliament.

Application of specified provisions of the Act to certain surgical materials

3.  The articles or substances described in the Schedule to this order are hereby specified as being articles or substances appearing to the Health Ministers to be articles or substances which are not medicinal products but are manufactured, sold, supplied, imported or exported for use wholly or partly for a medicinal purpose; and it is hereby directed that the provisions contained in Parts I and II of the Act, sections 62, 64, 65 and 67 of Part III of the Act, and the provisions contained in Parts V, VI and VIII of the Act shall have effect in relation to the said articles or substances described in the Schedule to this order, as those provisions have effect in relation to medicinal products.

Keith Joseph

Secretary of State for Social Services

29th July 1971

Given under my hand on 29th July 1971.

Peter Thomas

Secretary of State for Wales

Given under my hand on 30th July 1971.

Gordon Campbell

Secretary of State for Scotland

Given under my hand on 30th July 1971.

W. K. Fitzsimmons

Minister of Health and Social Services for Northern Ireland

SCHEDULE SURGICAL MATERIALS

1.  Any surgical ligature and surgical suture prepared from the gut or any tissue of an animal, or any form of binding material prepared from the gut or any tissue of an animal, which is manufactured, sold, supplied, imported or exported wholly or partly for use in surgical operations upon the human body.

2.  Any other surgical ligature or surgical suture prepared from any source, which is manufactured, sold, supplied, imported or exported wholly or partly for use in surgical operations upon the human body and is capable of being absorbed by body tissues.

3.  Any absorbent or protective material manufactured, sold, supplied, imported or exported wholly or partly for use in surgical operations upon the human body and capable of being absorbed by body tissues.

EXPLANATORY NOTE

This Order, made under section 104(1) of the Medicines Act 1968, extends the application of specified provisions of the Act to certain surgical materials which are articles or substances which are not medicinal products but which are manufactured, sold, supplied, imported or exported for use wholly or partly for a medicinal purpose.

(1)

(1969 I, p. 1070).