The Medicines (Advertising and Monitoring of Advertising) Amendment Regulations 1999

Addition of a Schedule to the Monitoring of Advertising Regulations

13.  At the end of the Monitoring of Advertising Regulations there shall be added the following Schedule–

Regulation 13

“SCHEDULE SCRUTINY OF CERTAIN PUBLISHED OR PROPOSED ADVERTISEMENTS

Notices requiring copies of advertisements to be furnished to the Health Ministers

1.   The Health Ministers may serve a notice in writing in respect of any relevant medicinal product or in respect of relevant medicinal products of any class or description on any person appearing to them to be concerned or likely to be concerned with the publication of an advertisement requiring that person–

(a) to furnish to the Health Ministers within such period as may be specified in the notice a copy of any advertisement which he has published or proposes to publish; or

(b) to furnish to the Health Ministers a copy of any advertisement which he proposes to publish and the notice shall specify–

(i) the number of days before the proposed publication date by which the advertisement shall be furnished, and

(ii) the period during which the requirement shall continue, such period not to exceed twelve months,

and that notice may require that person to refrain from publishing any advertisement required to be furnished under sub-paragraph (a) or (b) during such period as may be specified in the notice unless that notice has been withdrawn by the Health Ministers.

2.   Where the Health Ministers serve a notice on a person under paragraph 1, the notice shall state the Health Ministers' reasons for requiring that person to furnish the advertisement and for requiring him (if the notice does) to refrain from publishing it.

“Minded to” notices in respect of determinations of breaches of the Advertising Regulations

3.   If the Health Ministers, having considered an advertisement furnished to them in accordance with paragraphs 1(a) or 1(b) or otherwise obtained by them, are minded to make a determination that the advertisement, if published, would be in breach of the Advertising Regulations, they may serve a notice on any person appearing to them to be concerned or likely to be concerned with the publication of the advertisement stating–

(a) that they are minded to make a determination that the advertisement, if published, would be in breach of the Advertising Regulations;

(b) the reasons why they are minded to make that determination;

(c) that if such a determination is made, that person may be required to refrain from publishing that advertisement by a notice served under paragraph 5; and

(d) that the person on whom the notice is served has twenty-one days from the date of the notice in which to make written representations that the proposed determination should not be made,

and the notice may require that person to refrain from publishing that advertisement until the notice has been withdrawn by the Health Ministers.

Decisions that an advertisement would not be in breach

4.   If, upon further consideration, in particular of any representations made to them under paragraph 3(d), the Health Ministers decide that the advertisement, if published, would not be in breach of the Advertising Regulations, they shall serve a notice on the person on whom they had previously served a notice under paragraph 3–

(a) informing him of that decision; and

(b) withdrawing the notice served in respect of that advertisement under paragraph 3.

Determinations that an advertisement would be in breach

5.   If, upon further consideration, in particular of any representations made to them under paragraph 3(d), the Health Ministers make a determination that the advertisement, if published, would be in breach of the Advertising Regulations, they shall serve a notice on the person on whom they had previously served a notice under paragraph 3–

(a) stating the reasons for the determination;

(b) withdrawing the notice served in respect of that advertisement under paragraph 3,

and the notice may require him to refrain from publishing that advertisement.

Publication of the determination and a corrective statement

6.   Where the Health Ministers have prohibited the publication of an advertisement under paragraph 5 and that advertisement has previously been published, they may require any person against whom the prohibition has been imposed to publish within a specified time in such form as the Health Ministers consider appropriate–

(a) the reasons for the determination (as notified to them by the Health Ministers under paragraph 5(a)), in full or in part (whichever the Health Ministers require); and

(b) a corrective statement in relation to the advertisement in respect of which the prohibition has been imposed.

Offences

7.   Any person who fails to comply with any requirement imposed on him by a notice under paragraphs 1, 3 or 5 shall be guilty of an offence and shall be liable–

(a) on summary conviction, to a fine not exceeding level 5 on the standard scale,

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

8.   Any person who fails to comply with any requirement imposed on him under paragraph 6 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”.