Medicines Act 1968

110 Enforcement in Northern Ireland. U.K.

(1) Subject to the provisions of [F1 subsections (3C) and (4) ] of this section, it shall be the duty of the Minister of Health and Social Services for Northern Ireland (in this section referred to as “the Minister”) to enforce in Northern Ireland, or to secure the enforcement in Northern Ireland of, the provisions of this Act and of any regulations and orders made under it.

(2) For the purpose of performing that duty in relation to the provisions specified in paragraphs (a) and (b) of subsection (2) of section 108 of this Act in their application as mentioned in those paragraphs, and the provisions and regulations specified in paragraph (c) of that subsection, within the [F2 district] of any [F2 district council], the Minister may make arrangements or give directions whereby the [F2 district council], to such extent as the arrangements or directions may provide, shall have power concurrently with the Minister, or shall be under a duty concurrently with him, to enforce the provisions specified in the said paragraphs (a) and (b) in their application as so mentioned and the provisions and regulations specified in the said paragraph (c).

(3) For the purpose of performing that duty in relation to the provisions of sections 53 and 54 of this Act and any regulations made under section 66 of this Act within the [F2 district] of any [F2 district council], the Minister may make arrangements or give directions whereby the [F2 district council], to such extent as the arrangements or directions may provide, shall have power concurrently with the Minister, or shall be under a duty concurrently with him, to enforce those provisions and regulations.

[F3 (3A) The Pharmaceutical Society shall be under a duty, concurrently with the Minister, to enforce the provisions of subsections (4) and (5) of section 72A of this Act in their application to Northern Ireland.

(3B) The Pharmaceutical Society shall be under a duty to enforce the other provisions of section 72A of this Act, and any regulations made under them, in their application to Northern Ireland.

(3C) The Minister shall be under no duty to enforce those other provisions, or any regulations made under them, in their application to Northern Ireland.

(3D) Notwithstanding subsection (3C) of this section the Minister is to be treated for the purposes of sections 111 to 114 of this Act—

(a) as empowered by this section to enforce those other provisions, or any regulations made under them, in their application to Northern Ireland, and

(b) to that extent as an enforcement authority in relation to those other provisions or those regulations in their application to Northern Ireland.]

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subsections (9) and (10) of section 108 of this Act shall have effect in relation to Northern Ireland as if—

(a) in the said subsection (9) the reference to subsections [F5 (2) to (7)] of that section were a reference to subsections (2) [F6 to (3D) ] of this section; and

(b) in the said subsection (10) any reference to the appropriate Minister were a reference to the Minister within the meaning of this section, and for the words “the Pharmaceutical Society or any other body" there were substituted the words “any [F2 district council]" and the reference to subsections [F7 (4) to (6A), (7) and (8) ] of that section were a reference to subsection (3) of this section.

(6), (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

[F9 (8) In this section “ district council ” means a council established under the M1 Local Government Act (Northern Ireland) 1972. ]

Textual Amendments

F1 Words in s. 110(1) substituted (1.10.2009) by Health Act 2006 (c. 28) , ss. 31(3)(a) , 83(7) ; S.I. 2008/2714 , art. 2(a)

F2 Words substituted by S.R. &O. (N.I.) 1973 No. 211 , Sch.

F3 S. 110(3A)-(3D) inserted (1.10.2009) by Health Act 2006 (c. 28) , ss. 31(3)(b) , 83(7) ; S.I. 2008/2714 , art. 2(a)

F4 S. 110(4) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407) , reg. 1 , Sch. 8 para. 58(b) (with regs. 2(4) , 3 )

F5 Words in s. 110(5)(a) substituted (1.10.2006) by The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 58(c)(i) (with regs. 2(4), 3)

F6 Words in s. 110(5)(a) substituted (1.10.2009) by Health Act 2006 (c. 28) , ss. 31(3)(c) , 83(7) ; S.I. 2008/2714 , art. 2(a)

F7 Words in s. 110(5)(b) substituted (1.10.2009) by Health Act 2006 (c. 28), ss. 31(3)(d), 83(7); S.I. 2008/2714, art. 2(a)

F8 S. 110(6)(7) repealed by S.R. & O. (N.I.) 1973 No. 211 , Sch.

F9 S. 110(8) substituted by S.R. & O. (N.I.) 1973 No. 211, Sch.

Modifications etc. (not altering text)

C1 Pt. VIII (ss. 104–136) extended by S.I.s 1982/425, art. 3, 1984/187 art. 2; and extended with modifications by S.I. 1985/403 , art. 3(1)

C2 S. 110 modified (30.1.1992) by S.I. 1992/32 , reg. 12(1)(2)

S. 110 extended (with modifications) (14.2.1994) by S.I. 1994/105 , reg. 19 , Sch.4

S. 110 applied (1.1.1995) by S.I. 1994/3142 , reg. 18(2)

S. 110 applied (31.3.1997) by S.I. 1997/322 , reg. 34 , Sch.5

S. 110 extended (1.1.1995) by S.I.1994/ 3142, reg. 18(7)

S. 110 (except (4)) applied (with modifications) (1.1.1995) by S.I. 1994/3144 , reg.10

Ss. 108-110 applied (1.2.2000) by S.I. 2000/7 , reg. 5

C3 Ss. 108-114 applied (with modifications) (1.7.1992) by S.I. 1992/1520 , reg.12 .

C4 Ss. 108-115 modified (3.4.1992) by S.I. 1992/605 , regs. 2(3) , 3

Ss. 108-115 applied (3.10.1994) by S.I. 1994/2328 , reg. 11(c)

C5 Ss. 107-116 applied (with modifications) (1.5.2004) by Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031), regs. 1, 47, Schs. 9

C6 S. 110 applied in part (with modifications) (30.10.2005) by Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 (S.I. 2005/2750) , regs. 1(a) , 11 , Schs. 4 (with Sch. 6 )

C7 Ss. 107-116 amendment to earlier affecting provision SI 2004/1031 reg. 47 Sch. 9 (29.8.2006) by Medicines for Human Use (Clinical Trials) Amendment Regulations 2006 (S.I. 2006/1928), regs. 1(1), 32

Marginal Citations

M1 1972 c. 9 (N.I.)