Medicines Act 1968

125 Prosecutions. U.K.

(1) Notwithstanding anything in [F1 section 127(1) of the Magistrates’ Courts Act 1980], a magistrates’ court in England or Wales may try an information for an offence under this Act if the information was laid at any time within twelve months from the commission of the offence.

(2) Notwithstanding anything in [F2 section 331 of the M1 Criminal Procedure (Scotland) Act 1975] (limitation of time for proceedings in statutory offences) summary proceedings in Scotland for an offence under this Act may be commenced at any time within twelve months from the time when the offence was committed, and [F2 subsection 3 of the said section 331] shall apply for the purposes of this subsection as it applies for the purposes of that section.

(3) Notwithstanding anything in [F3 section 34 of the M2 Magistrates’ Courts Act (Northern Ireland) 1964][F3 Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981], a magistrates’ court in Northern Ireland may hear and determine a complaint for an offence [F4 punishable under this Act upon summary conviction other than an offence which is also triable upon indictment] if the complaint was made at any time within twelve months from the commission of the offence.

(4) Neither the Pharmaceutical Society nor any other body referred to in subsection (2) F5 ... of section 108 of this Act shall institute proceedings for an offence under this Act in respect of a contravention of a provision which, by virtue of [F6 that subsection], that Society or body have a power or duty to enforce, unless they have given to the appropriate Minister not less than twenty-eight days’ notice of their intention to institute proceedings, together with a summary of the facts upon which the charges are founded.

(5) For the purposes of subsection (4) of this section the appropriate Minister, in relation to a contravention of any provision, is the Minister who in accordance with section 108 of this Act has a concurrent duty to enforce that provision.

(6) [F7 A district council] (as defined by section 110 of this Act) shall not prosecute for an offence under this Act in respect of a contravention of any provision which, by virtue of subsection (2) of that section, the authority have a power or duty to enforce, unless the authority have given to the Minister of Health and Social Services for Northern Ireland not less than twenty-eight days’ notice of their intention to begin the prosecution, together with a summary of the facts upon which the charges are founded.

(7) A certificate of the Minister who is the appropriate Minister for the purposes of subsection (4) of this section that the requirements of that subsection have been complied with in relation to any proceedings, and a certificate of the Minister of Health and Social Services for Northern Ireland that the requirements of subsection (6) of this section have been complied with in relation to any prosecution, shall be conclusive evidence that those requirements have been so complied with; and any document purporting to be such a certificate and to be signed by or on behalf of that Minister shall be presumed to be such a certificate unless the contrary is proved.

Textual Amendments

F1 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 76

F2 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460(1)(b)

F3 Words substituted(N.I.) by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 15

F4 Words substituted by S.I. 1980/704, Sch. 1 Pt. II para. 50

F5 Words in s. 125(4) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 63(a) (with regs. 2(4), 3)

F6 Words in s. 125(4) substituted (1.10.2006) by The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 63(b) (with regs. 2(4), 3)

F7 Words 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. 125 modified (3.4.1992) by S.I. 1992/605, regs. 2(3), 3

S. 125 applied (1.1.1995) by S.I. 1994/3142, reg. 18(2)

S. 125 applied (with modifications) (1.1.1995) by S.I. 1994/3144, reg.10, Sch. 4

S. 125 applied (31.3.1997) by S.I. 1997/322, reg. 34, Sch.5

C3 Ss. 121-125 applied (with modifications) (1.5.2004) by Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031), regs. 1, 47, Schs. 9

C4 Ss. 121-127 applied (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)

C5 Ss. 121-125 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 1975 c. 21.

M2 1964 c. 21 (N.I.)