Medicines Act 1968

92 Scope of Part VI. U.K.

(1) Subject to the following provisions of this section, in this Part of this Act “advertisement” includes every form of advertising, whether in a publication, or by the display of any notice, or by means of any catalogue, price list, letter (whether circular or addressed to a particular person) or other document, or by words inscribed on any article, [F1 or by means of a photograph, film, sound recording, broadcast or cable programme,], or in any other way, and any reference to the issue of an advertisement shall be construed accordingly.

(2) Notwithstanding anything in the preceding subsection, in this Part of this Act “advertisement” does not include spoken words except—

(a) words forming part of a sound recording . . . F2 , and

(b) words broadcast [F3 or included in a cable programme service].

(3) Except as provided by section 95 of this Act, for the purposes of this Part of this Act neither of the following shall be taken to constitute the issue of an advertisement, that is to say—

(a) the sale or supply, or offer or exposure for sale or supply, of a medicinal product in a labelled container or package;

(b) the supply, with a medicinal product of any description, of a leaflet relating solely to medicinal products of that description.

(4) In this Part of this Act “commercially interested party”, in relation to medicinal products of any description, means any person who—

(a) is the holder of a licence under Part II of this Act which is applicable to medicinal products of that description, or

(b) not being the holder of such a licence, is a person who, in the course of a business carried on by him, is engaged, in relation to medicinal products of that description, in any such activities as are mentioned in subsection (2) or subsection (3) of section 7 or in subsection (2) or [F4 , subsection (3) or (3A) of section 8] of this Act, or

(c) sells by retail any medicinal products of that description in the course of a business carried on by him,

and any reference to the request or consent of a commercially interested party includes a reference to any request made or consent given by a person acting on behalf of a commercially interested party; and “relevant business” means any business which consists of or includes the sale or supply of medicinal products.

(5) In this Part of this Act “representation” means any statement or undertaking (whether constituting a condition or a warranty or not) which consists of spoken words other than words falling within paragraph (a) or paragraph (b) of subsection (2) of this section, and any reference to making a representation shall be construed accordingly.

[F5 (6) In this section “film”, “sound recording”, “broadcast”, “cable programme”, “cable programme service”, and related expressions, have the same meaning as in Part I of the Copyright, Designs and Patents Act 1988 (copyright).]

Textual Amendments

F1 Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(1), Sch. 7 para. 10(2)

F2 Words repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(1)(2), Sch. 7 para. 10(1)(3)(a), Sch. 8

F3 Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(1), Sch. 7 para. 10(1)(3)(b)

F4 Words in s. 92(4)(b) substituted (14.4.1993) by S.I. 1993/834, reg. 7

F5 S. 92(6) substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(1), Sch. 7 para. 10(1)(4)

Modifications etc. (not altering text)

C1 S. 92 extended by S.I. 1984/187, art. 2

S. 92 extended (with modifications) (14.2.1994) by S.I. 1994/105, reg. 19, Sch.4

S. 92 modified (1.1.1995) by S.I. 1994/3144, reg.9(7)

S. 92 applied (1.1.1995) by S.I. 1994/3142, reg. 18(2)

S. 92 applied (31.3.1997) by S.I. 1997/322, reg. 34, Sch.5