The Medicines Act 1968 (Application to Radiopharmaceutical-associated Products) Regulations 1992

Application of the Act to radiopharmaceutical-associated products

2.—(1) Subject to paragraph (2) of this regulation, the provisions of the Act specified in column 1 of the Schedule to these Regulations shall have effect in relation to radiopharmaceutical-associated products as they have effect in relation to medicinal products.

(2) Where in relation to any provision specified in column 1 of the Schedule to these Regulations there is an entry in column 2 of that Schedule, that provision shall, in its application to radiopharmaceutical-associated products, have effect subject to the modification specified in that entry.

(3) For the purposes of Part I, sections 108 to 115,(1) 118, 119 and 125(2) of, and Schedule 3 to, the Act(3)—

(a) the provisions of the Act applied by paragraphs (1) and (2) of this regulation to radiopharmaceutical-asociated products, and the provisions of any regulations made under any of those provisions as so applied, shall be treated as provisions of, respectively, the Act and regulations made under it;

(b) any offence against any of those provisions shall be treated as an offence under the Act; and

(c) any reference in any of those provisions to medicinal products shall be treated as including a reference to radiopharmaceutical-associated products.

(4) The provisions of sections 1 and 132(4) of the Act (definitions) shall have effect in relation to radiopharmaceutical-associated products in so far as they relate to the provisions of the Act specified in column 1 of Schedule 1 to these Regulations.

(1)

Sections 108 and 109 have been amended. Relevant amendments have been made by Schedule 3 to the Food Safety Act 1990 (c. 16). Section 110 has been amended by S.R. & O. (N.I.) 1973/211. Section 114 has been amended. Criminal penalties under the 1968 Act have been increased. Fines on summary conviction of offences triable either way under statutes passed before, or in the same Session as the Criminal Law Act 1977 (c. 45) were standardised in England and Wales by section 28 of the Criminal Law Act 1977, in Scotland by section 289B of the Criminal Procedure (Scotland) Act 1975 (c. 21), and in Northern Ireland by article 6 of the Fines and Penalties etc. (Northern Ireland) Order 1984 (S.I. 1984/703). “The statutory maximum” and “the prescribed sum” are now both £2000. Levels on the standard scale are presently fixed by the Criminal Penalties etc. (Increase) Order 1984 (E & W) (S.I. 1984/447), the Increase of Criminal Penalties etc. (Scotland) Order 1984 (S.) (S.I. 1984/526) and by the Criminal Penalties etc. (Increase) Order (Northern Ireland) 1984 (S.R. 1984/253). These instruments respectively amend section 37(2) and section 74 of the Criminal Justice Act 1982 (c. 48), sections 289B(6) and 289G(2) of the Criminal Procedure (Scotland) Act 1975 and articles 4 and 5 of the Fines and Penalties etc. (Northern Ireland) Order 1984. Section 289B was inserted by paragraph 5 of Schedule 11 to the Criminal Law Act 1977, and section 289G by section 54 of the Criminal Justice Act 1982.

(2)

Section 125(1) has been amended by Schedule 7 to the Magistrates Courts Act 1980 (c. 43), subsection (2) has been amended by section 460(1)(b) of the Criminal Procedure (Scotland) Act 1975 and subsection (6) by S.R. & O (N.I.) 1973/211.

(3)

Schedule 3 has been amended by S.I. 1968/1699, S.R. & O (N.I.) 1973/211, the Food Act 1984 (c. 30), S.I. 1989/846, the Food Safety Act 1990 (c. 16) and S.I. 1991/762.

(4)

Section 132 has been amended. Relevant amendments have been made by Schedule 3 to the Food Safety Act 1990.