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Medicines Act 1968
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Changes over time for: Section 45
Version Superseded: 14/08/2012
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45 Offences under Part II. U.K.
(1)Subject to the next following section, any person who contravenes any of the provisions of section 7 [F1or section 8] of this Act, or who is in possession of any medicinal product F2... for the purpose of selling, supplying or exporting it in contravention of [F3either of those sections], shall be guilty of an offence.
(2)Where any medicinal product F4... is imported in contravention of section 7 F5... F6... of this Act, any person who, otherwise than for the purpose of performing or exercising a duty or power imposed or conferred by or under this Act or any other enactment, is in possession of the product F7... knowing or having reasonable cause to suspect that it was so imported shall be guilty of an offence.
(3)Any person who, being the holder of a product licence F8..., procures another person to carry out a process in the manufacture or assembly of medicinal products of a description to which the licence F9... relates, and—
(a)does not communicate to that person the provisions of the licence F9... which are applicable to medicinal products of that description, or
(b)in a case where any of those provisions has been varied by a decision of the licensing authority, does not communicate the variation to that person within fourteen days after notice of the decision has been served on him,
shall be guilty of an offence.
F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Any person who, in giving any information which he is required to give under section 44 of this Act, makes a statement which he knows to be false in a material particular shall be guilty of an offence.
(7)Any person who without reasonable excuse fails to comply with a requirement imposed on him by a notice under section 44(2) of this Act shall be guilty of an offence.
(8)Any person guilty of an offence under any of subsections (1) to (6) of this section shall be liable—
(a)on summary conviction, to a fine not exceeding £400;
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
(9)Any person guilty of an offence under subsection (7) of this section shall be liable on summary conviction to a fine not exceeding [F11level 3 on the standard scale]
Textual Amendments
F1Words in s. 45(1) substituted (1.10.2006) by The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 17(a)(i) (with regs. 2(4), 3)
F2Words in s. 45(1) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 17(a)(ii) (with regs. 2(4), 3)
F3Words in s. 45(1) substituted (1.10.2006) by The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 17(a)(iii) (with regs. 2(4), 3)
F4Words in s. 45(2) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 17(b)(i) (with regs. 2(4), 3)
F5Words in s. 45(2) omitted (1.5.2004) by virtue of Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031), reg. 1, Sch. 10 para. 13(a)
F6Words in s. 45(2) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 17(b)(ii) (with regs. 2(4), 3)
F7Words in s. 45(2) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 17(b)(iii) (with regs. 2(4), 3)
F8Words in s. 45(3) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 17(c)(i) (with regs. 2(4), 3)
F9Words in s. 45(3) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 17(c)(ii) (with regs. 2(4), 3)
F10S. 45(4)(5) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 8 para. 17(d) (with regs. 2(4), 3)
F11Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c.21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6
Modifications etc. (not altering text)
C1Pt. II(ss. 6–50) extended with modifications by S.I. 1985/1403, art. 3(1)
C2s. 45 extended (with modifications) (14.2.1994) by S.I. 1994/105, reg. 19, Sch.4
C3S. 45 amendment to earlier affecting provision SI 1994/105 Sch. 4 (30.10.2005) by Medicines (Homoeopathic Medicinal Products for Human Use) Amendment Regulations 2005 (S.I. 2005/2753), regs. 1(1), 19(4)
C4S. 45(1)(2)(6)(7)(8)(9) applied (with modifications) (3.4.1992) by S.I. 1992/605, reg. 2(1)(2),Sch.
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