- Y Diweddaraf sydd Ar Gael (Diwygiedig)
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Version Superseded: 14/08/2012
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There are currently no known outstanding effects for the The Medicines (Codification Amendments Etc.) Regulations 2002 (revoked).
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Statutory Instruments
MEDICINES
Made
7th February 2002
Laid before Parliament
7th February 2002
Coming into force
28th February 2002
Marginal Citations
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 M3.
Marginal Citations
M3OJ No. L311, 28.11.2001, p. 67.
2. The Medicines Act 1968 M4 is amended as follows—
(a)in the following sections for “Chapters II to V of the 1965 Directive apply”, in each place where those words occur, there is substituted “ the 2001 Directive applies ”
(i)section 8(3A) and (3C) (manufacture and wholesale dealing),
(ii)section 14(2) (exports to a Member State),
(iii)section 28(3)(j) and (3A) (general power to suspend, revoke or vary licences),
(iv)section 49A(a) (exporting certain products to Member States),
(v)section 58A(1)(b) (specification of prescription-only products), and
(vi)section 86(4) (leaflets);
(b)in section 18(3) (application for licence) for “Article 9 of the Second Council Directive 75/319/EEC of 20 May 1975” there is substituted “ Article 28 of the 2001 Directive ”;
(c)in section 24 (duration and renewal of licence)—
(i)in subsection (1A) for “the 1992 Directive” there is substituted “ Title V of the 2001 Directive ”,
(ii)in subsection (3)(C) for “the 1965 Directive or the 1992 Directive” there is substituted “ the 2001 Directive other than Titles VI, VII and VIII of that Directive ”, and
(iii)subsection (7) is deleted;
(d)in section 132 (general interpretation provisions)—
(i)the definition of “the 1965 Directive” is deleted, and
(ii)after the definition of “the 1981 Directive” there is inserted the following definition—
““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”.
Marginal Citations
3. The Medicines (Standard Provisions for Licences and Certificates) Regulations 1971 M5 are amended as follows—
(a)in regulation 2(1) (interpretation)—
(i)after the definition of “ “clinical trial certificate of right” and “animal test certificate of right”” there is inserted the following definition—
““the 2001 Directive” means Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicines for human use;”,
(ii)in the definition of “exempt imported products” for “article 1(2) of Council Directive 65/65/EEC” there is substituted “ Article 1.2 of the 2001 Directive ”,
(iii)for the definition of “product to which Chapters II to V of the 1965 Directive apply” there is substituted the following definition—
““product to which the provisions of the 2001 Directive apply” means a medicinal product to which, in accordance with Article 2 of the 2001 Directive, the provisions of that Directive apply and accordingly does not include the products mentioned in Article 3 of that Directive;”,
and
(iv)the definition of “Second Council Directive” is omitted;
(b)in Schedule 1 (standard provisions for product licences), in paragraph 16 for “Part 4G of the Annex to Council Directive 75/318/EEC” there is substituted “ Part 4G of Annex I to the 2001 Directive ”;
(c)in Schedule 2 (standard provisions for manufacturer’s licences), in paragraph 16(1) and (4) for “Articles 23 and 24 of the Second Council Directive”, in each place where those words occur, there is substituted “ Articles 49 and 50 of the 2001 Directive ”;
(d)in Schedule 3 (standard provisions for wholesale dealer’s licences)—
(i)in paragraphs 4A, 4B(1), 7A(1), 7B and 7C(1) for “Chapters II to V of the 1965 Directive”, in each place where those words occur, there is substituted “ the provisions of the 2001 Directive ”,
(ii)in paragraphs 7(3)(a), 8(1) and (6) for “Articles 23 and 24 of the Second Council Directive”, in each place where those words occur, there is substituted “ Articles 49 and 50 of the 2001 Directive ”, and
(iii)in paragraph 8(1) for “Article 24” there is substituted “ Article 50 ”; and
(e)in Schedule 5, Part I (standard provisions for product licences for medicinal products to which regulation 5 of the Standard Provisions Regulations applies), in paragraph 3A for “Council Directive 65/65/EEC as amended” there is substituted “ the 2001 Directive ”.
Marginal Citations
M5S.I. 1971/972; relevant amendments were made by S.I. 1977/1053, 1993/833, 1994/103 and 1992/3272.
4. The Medicines (Applications for Manufacturer’s and Wholesale Dealer’s Licences) Regulations 1971 M6 are amended as follows—
(a)in regulation 2(1) (interpretation)—
(i)after the definition of “application” there is inserted the following definition—
““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;”,
and
(ii)for the definition of “product to which Chapters II to V of the 1965 Directive apply” there is substituted the following definition—
““product to which the provisions of the 2001 Directive apply” means a medicinal product to which, in accordance with Article 2 of the 2001 Directive, the provisions of that Directive apply and accordingly does not include the products mentioned in Article 3 of that Directive;”;
and
(b)in Schedule 2 (particulars required on a wholesale dealer’s licence application), in paragraphs 8A, 8B and 8C for “Chapters II to V of the 1965 Directive apply”, in each place where those words occur, there is substituted “ the 2001 Directive applies ”.
Marginal Citations
M6S.I. 1971/974; a relevant amendment was made by S.I. 1993/832.
5. The Medicines (Labelling) Regulations 1976 M7 are amended as follows—
(a)in regulation 3(1) (interpretation)—
(i)after the definition of “data sheet” there is inserted the following definition—
““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;”,
(ii)for the definition of “homoeopathic product to which Council Directive 92/73/EEC applies” there is substituted—
““homoeopathic product to which the 2001 Directive applies” means a medicinal product for human use (which may contain a number of principles) prepared from products, substances or compositions called homoeopathic stocks in accordance with a homoeopathic manufacturing procedure described by the European Pharmacopoeia or, in the absence thereof, by any pharmacopoeia used officially in a member State, other than one—
(i)prepared in accordance with a magistral or officinal formula as described in Article 3(1) and (2) of the 2001 Directive, or
(ii)which satisfies the criteria laid down in Article 5 of the 2001 Directive;”,
(iii) the definition of “product to which Chapters II to V of the 1965 Directive applies” is deleted, and
(iv) in the definition of “relevant medicinal product” for “Chapters II to V of the 1965 Directive” there is substituted “ the 2001 Directive ”;
(b)in regulation 4A (standard labelling requirement), in paragraph (5)—
(i)for the words from “Article 4a of Directive 65/65/EEC” to “Directive 89/341/EEC” inclusive there is substituted “ Article 11.1 to 11.7 of the 2001 Directive ”, and
(ii)in sub-paragraph (b), for “Article 4a of Directive 65/65/EEC” there is substituted “ Article 11.1 to 11.7 of the 2001 Directive ”;
(c)in regulation 4B (standard labelling requirements for radiopharmaceuticals) for “Chapters II to V of the 1965 Directive” there is substituted “ the 2001 Directive ”; and
(d)in regulation 4F (standard labelling requirements for certain homoeopathic products), in paragraph (1) for “Council Directive 92/73/EEC” there is substituted “ the 2001 Directive ”.
Marginal Citations
M7S.I. 1976/1726; relevant amendments were made by S.I. 1992/3273, 1994/104 and 3144 and 1996/2194.
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 6 revoked (13.6.2002) by The Medical Devices Regulations 2002 (S.I. 2002/618), regs. 1, 66(g)
7. The Medicines (Applications for Grant of Product Licences—Products for Human Use) Regulations 1993 M8 are amended as follows—
(a)in regulation 1(2) (interpretation)—
(i)after the definition of “application” there is inserted the following definition—
““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;”,
and
(ii)in the definition of “the Directives” after “89/381/EEC” there is inserted “ notwithstanding their repeal by the 2001 Directive ”;
(b)in regulation 4(1) and (2) (material in application)—
(i)for “Chapters II to V of the 1965 Directive apply”, in each place where those words occur, there is substituted “ the 2001 Directive applies ”,
(ii)for “the Directives”, in each place where those words occur, there is substituted “ that Directive ”, and
(iii)in regulation 4(2) for “those Chapters applied” there is substituted “ that Directive applies ”;
(c)regulation 4(7) (requirements for applications before 1st January 1995) is deleted;
(d)in Schedule 1 (information and documents etc. required for applications)—
(i)in paragraph 9(d)(v) for “Directive 89/342/EEC applies” there is substituted “ the 2001 Directive applies ”,
(ii)in paragraph 9(g) for “Directive 89/343/EEC” there is substituted “ the 2001 Directive ”,
(iii)in paragraph 10 for “Article 16 of Directive 75/319/EEC” there is substituted “ Article 40 of the 2001 Directive ”,
(iv)in paragraph 11 for “Article 4a of the 1965 Directive” there is substituted “ Article 11 of the 2001 Directive ”,
(v)in paragraphs 17 and 18 for “Annex to Directive 75/318/EEC”, in each place where those words occur, there is substituted “ Annex I to the 2001 Directive ”,
(vi)in paragraph 21 for “Article 3 of Directive 89/343/EEC” there is substituted “ Article 9 of the 2001 Directive ”, and
(vii)in paragraph 22(b) for “Directive 89/343/EEC” there is substituted “ the 2001 Directive ”; and
(e)in Schedule 2 (exceptions to the requirement to provide particulars of certain tests’ and trials’ results), in paragraph 1(b) for “the second paragraph of Article 1 of Directive 75/318/EEC” there is substituted “ Article 10.2 of the 2001 Directive ”.
Marginal Citations
M8S.I. 1993/2538; a relevant amendment was made by S.I. 1997/654.
8. The Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 M9 are amended as follows—
(a)in regulation 1(2) (interpretation)—
(i)after the definition of “Community marketing authorization” there is inserted the following definition—
““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 ”,M10
(ii)for the definition of “the relevant Community provisions” there is substituted—
““the relevant Community provisions” means the provisions of—
the 2001 Directive;
Regulation (EEC) No. 2309/93 M11;
Regulation (EC) No. 540/95 M12;
Regulation (EC) No. 541/95 M13, as amended M14;
Regulation (EC) No. 542/95 M15, as amended M16;
Regulation (EC) No. 141/2000 M17; and
Regulation (EC) No. 847/2000”, M18
and
(iii)for the definition of “relevant medicinal product” there is substituted—
““relevant medicinal product” means a medicinal product for human use to which the provisions of the 2001 Directive apply ”;M19
(b)in regulation 4(6) (applications for the grant, renewal or variation of a United Kingdom marketing authorization), for “point 8(a)(iii) of the second paragraph of Article 4 of the 1965 Directive” there is substituted “ point (iii) of sub-paragraph (a) of Article 10.1 of the 2001 Directive ”;
(c)in regulation 4(7) (applications for the grant etc. of a United Kingdom marketing authorization), for “point 8(a) of the second paragraph of Article 4 of the 1965 Directive” there is substituted “ sub-paragraph (a) of Article 10.1 of the 2001 Directive ”;
(d)in regulation 5(4) (consideration, and grant or refusal etc. of an application for a United Kingdom marketing authorization), for “Article 10 of the 1965 Directive” there is substituted “ Article 24 of the 2001 Directive ”;
(e)in regulation 8(2) (control of retail sale or supply of relevant medicinal products) for “Article 3.4 of Council Directive 92/26/EEC” there is substituted “ Article 71.4 of the 2001 Directive ”;
(f)in Schedule 1 (exemptions and exceptions from the provisions of regulation 3), in paragraph 2(e) for “Article 16 of Council Directive 75/319/EEC” there is substituted “ Article 40 of the 2001 Directive ”;
(g)in Schedule 2 (procedural provisions relating to United Kingdom marketing authorizations)—
(i)in paragraph 3 for “Article 13 of Council Directive 75/319/EEC” there is substituted “ Article 32 of the 2001 Directive ”,
(ii)in paragraph 4(a) for “Article 7.2 of the 1965 Directive” there is substituted “ Article 17.2 of the 2001 Directive ”, and
(iii)in paragraph 4(b) for “the provisions of Chapter III of Council Directive 75/319/EEC” there is substituted “ the provisions of Title III, Chapter 4 of the 2001 Directive ”;
(h)in Schedule 3 (offences, penalties etc.)—
(i)in paragraph 6(a) for “Article 4 of the 1965 Directive” there is substituted “ Article 8.3 of the 2001 Directive ”,
(ii)in paragraph 6(b) and (e) for “Article 9a of the 1965 Directive” there is substituted “ Article 23 of the 2001 Directive ”,
(iii)in paragraph 6(c) for “paragraph C.a of Part 2 of the Annex to Council Directive 75/318/EEC” there is substituted “ paragraph D of Part 2 of Annex I to the 2001 Directive ”,
(iv)in each of paragraphs 7, 8, 9 and 10 for “Chapter Va of Council Directive 75/319/EEC” there is substituted “ Title IX of the 2001 Directive ”, and in paragraph 10 for the words “such Chapter,” there is substituted “ such Chapter or Title, ”,
(v)in paragraph 10, in sub-paragraph (c) for the words “and promptly,” there is substituted
“and promptly; or
(d)provide to the licensing authority any other information relevant to the evaluation of the benefits and risks afforded by a medicinal product, including appropriate information on post authorization safety studies,”,
and
(vi)in paragraphs 11 and 12 for “Council Directive 92/27/EEC” there is substituted “ Title V of the 2001 Directive ”, and
(i)in Schedule 5 (labels), in paragraph 2—
(i)for “Council Directive 92/27/EEC” there is substituted “ Title V of the 2001 Directive ”, and
(ii)for “Council Directive 92/26/EEC” there is substituted “ Title VI of the 2001 Directive ”.
Marginal Citations
M9S.I. 1994/3144; relevant amendments were made by S.I. 1998/3105, 2000/292, and 2001/795.
M10OJ No. L311, 28.11.01, p. 67.
M11OJ No. L214, 24.8.93, p. 1.
M12OJ No. L55, 11.3.95, p. 5.
M13OJ No. L55, 11.3.95, p. 7.
M14 See Regulation (EC) No. 1146/98 (OJ No. L159, 3.6.98, p. 31).
M15OJ No. L55, 11.3.95, p. 15.
M16 See Regulation (EC) No. 1069/98 (OJ No. L153, 27.5.98, p. 11).
M17OJ No. L103, 28.4.00, p. 1.
M18OJ No. L18, 22.1.00, p. 5.
M19See Articles 2 and 3 of the Directive.
9. The Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 M20 are amended as follows—
(a)in regulation 1(2) (interpretation) after the definition of “certificate of registration” there is inserted the following definition—
““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;”;
(b)in regulation 1(3) (interpretation) for “Council Directive 92/73/EEC” there is substituted “ the 2001 Directive ”;
(c)in regulation 2 (application)—
(i)for “Article 1(4) and (5) of the 1965 Directive” there is substituted “ Article 3 of the 2001 Directive ”, and
(ii)for “Article 2(4)” there is substituted “ Article 5 ”; and
(d)in regulation 5(1)—
(i)for “Article 7 of Council Directive 92/73/EEC” there is substituted “ Article 14 of the 2001 Directive ”, and
(ii)for “Article 9” there is substituted “ Article 16 ”.
Marginal Citations
M20S.I. 1994/105; a relevant amendment was made by S.I. 1998/574.
10. In the Medicines (Advertising) Regulations 1994 M21, regulation 2(1) (interpretation) is amended as follows—
(a)after the definition of “common name” there is inserted the following definition—
““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;”;
(b)in the definition of “essential information compatible with the summary of product characteristics” for “Council Directive 92/28/EEC” there is substituted “ Title VIII of the 2001 Directive ”;
(c)in the definition of “registered homoeopathic medicinal product” for “Council Directive 92/73/EEC” there is substituted “ the 2001 Directive ”;
(d)in the definition of “relevant medicinal product”, in both paragraphs (a) and (b)(i) for “Chapters II to V of the 1965 Directive apply”, in each place where those words occur, there is substituted “ the 2001 Directive applies ”; and
(e)in the definition of “summary of product characteristics” for the words from “article 4a of the 1965 Directive” to “Council Directive 89/341/EEC” inclusive there is substituted “ Article 11 of the 2001 Directive ”.
Marginal Citations
M21S.I. 1994/1932; relevant amendments were made by S.I. 1994/276 and 3144, and 1999/267.
11. In the Medicines (Monitoring of Advertising Regulations) 1994 M22, regulation 2(6) (application) is amended as follows—
(a)in both sub-paragraphs (a) and (b)(i) for “Chapters II to V of the 1965 Directive apply”, in each place where those words occur, 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 applies ”; and
(b)in sub-paragraph (c) for “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 ”.
Marginal Citations
12. In the Medicines (Restrictions on the Administration of Veterinary Medicinal Products) Regulations 1994 M23, 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 ”.
Marginal Citations
F213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Reg. 13 revoked (13.6.2002) by The Medical Devices Regulations 2002 (S.I. 2002/618), regs. 1, 66(g)
14. In the Medicines (Advisory Board on the Registration of Homoeopathic Products) Order 1995 M24, 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 ”.
Marginal Citations
15. In the Medical Devices (Consultation Requirements) (Fees) Regulations 1995 M25, regulation 1(2) (interpretation) is amended as follows—
(a)in the definition of “competent body” for “Council Directive 65/65/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 ”; and
(b)in the definition of “manufacturing authorisation” for “Article 16 of Council Directive 75/319/EEC” there is substituted “ Article 40 of Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use ”; and
(c)in the definition of “medicinal substance” for “Article 1 of Council Directive 65/65/EEC” there is substituted “ Article 1 of Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use ”.
Marginal Citations
F316. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Reg. 16 revoked (1.4.2008) by The Medicines (Products for Human Use-Fees) Regulations 2008 (S.I. 2008/552), regs. 1, 48(1), Sch. 7 (with reg. 48(2))
17. In both the Health Service Medicines (Control of Prices of Branded Medicines) Regulations 2000 M26 and the Health Service Medicines (Control of Prices of Specified Generic Medicines) Regulations 2000 M27, in regulation 2(1) (interpretation) for paragraph (a) of the definition of “marketing authorisation”, in each of those instruments, there is substituted—
“(a)by the competent authorities of the United Kingdom in accordance with the Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use;”.
18. In the Stop Now Orders (EC Directive) Regulations 2001 M28, 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. ”.
Marginal Citations
19. In the Health Service Medicines (Information on the Prices of Specified Generic Medicines) Regulations 2001 M29, in regulation 2(1) (interpretation), in the definition of “marketing authorisation” for paragraph (a) there is substituted—
“(a)by the competent authorities of the United Kingdom in accordance with Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use; or”.
Marginal Citations
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
(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.
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