- Latest available (Revised)
- Point in Time (05/12/2005)
- Original (As enacted)
Version Superseded: 14/08/2012
Point in time view as at 05/12/2005. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Medicines Act 1968, Section 92 is up to date with all changes known to be in force on or before 02 September 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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, [F1or by means of a photograph, film, sound recording[F2 or broadcast],], 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[F3 or film sound track] . . . F4, and
(b)words broadcast F5....
(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 [F6, 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.
[F7(6) In this section “ film ”, “ sound recording ”, “ broadcast ”, F8..., and related expressions, have the same meaning as in Part I of the Copyright, Designs and Patents Act 1988 (copyright). ]
Textual Amendments
F1Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(1), Sch. 7 para. 10(2)
F2Words in s. 92(1) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 1, Sch. 1 para. 19(a) (with regs. 31-40)
F3Words in s. 92(2)(a) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 1, Sch. 1 para. 19(b) (with regs. 31-40)
F4Words 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
F5Words in s. 92(2)(b) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 1, Sch. 2 (with regs. 31-40)
F6Words in s. 92(4)(b) substituted (14.4.1993) by S.I. 1993/834, reg. 7
F7S. 92(6) substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(1), Sch. 7 para. 10(1)(4)
F8Words in s. 92(6) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 1, Sch. 2 (with regs. 31-40)
Modifications etc. (not altering text)
C1S. 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
C2S. 92 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(5)
C3S. 92 amendment to earlier affecting provision SI 1994/3144 reg. 9 (30.10.2005) by Medicines (Marketing Authorisations Etc.) Amendment Regulations 2005 (S.I. 2005/2759), regs. 1(a), 2(12)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: