Version Superseded: 01/10/2006
Point in time view as at 19/07/2006. This version of this provision has been superseded.
Medicines Act 1968, Section 91 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Subject to sections 121 and 122 of this Act, any person who contravenes the provisions of section 85(5), section 86(3) [F1or (4)] or section 90(2) of this Act shall be guilty of an offence and 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.
(2)Any regulations made under this Part of this Act may provide that any person who contravenes the regulations, or who contravenes the provisions of section 85(3), section 86(2) or section 87(2) of this Act or any of those provisions as applied by section 90(1) of this Act, shall be guilty of an offence and—
(a)shall be liable on summary conviction to a fine not exceeding £400 or such lesser sum as may be specified in the regulations, and
(b)if the regulations so provide, shall be liable on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both.
(3)Without prejudice to the application of section 129(5) of this Act, any power to make regulations conferred by sections 85 to 87 of this Act may be exercised so as to impose requirements either in relation to medicinal products generally or in relation to medicinal products of a particular description, or falling within a particular class, specified in the regulations, and any power to make regulations conferred by those sections as applied by section 90(1) of this Act shall be exercisable in a corresponding way.
(4)In this Part of this Act “requirements” includes restrictions.
Textual Amendments
F1Words in s. 91(1) inserted (13.2.1994) by S.I. 1994/276, reg.8 (which S.I. revoked and replaced S.I. 1994/101 before the latter S.I. came into force)
Modifications etc. (not altering text)
C1Pt. V (ss. 85–91) extended with modifications by S.I. 1985/1403, art. 3(1)
C2Ss. 85–88, 91 extended by S.I. 1984/187, art. 2
C3S. 91 applied (with modifications) (3.4.1992) by S.I. 1992/605, reg. 2(1)(2), Sch.
C4Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.) and Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (increase of fines and substitution of references to levels on the standard scale) apply (S.) and S.I. 1984/703 (N.I. 3), art. 5 (substitution of references to levels on the standard scale) and art. 6 (increase of fines) apply (N.I.)
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