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Statutory Instruments
MEDICINES
Made
17th November 2003
Laid before Parliament
19th November 2003
Coming into force
18th December 2003
The Secretary of State for Environment, Food and Rural Affairs, the Department of Health, Social Services and Public Safety and the Department of Agriculture and Rural Development, acting jointly, with the consent of the Treasury, in exercise of the powers conferred by section 1(1), (2) and (3)(b) of the Medicines Act 1971,(1) and now vested in them(2);
And the Secretary of State for Environment, Food and Rural Affairs, being designated(3) for the purposes of section 2(2) of the European Communities Act 1972(4) in relation to medicinal products and the Common Agricultural Policy of the European Community, in exercise of the powers conferred on her by that section;
After carrying out any consultation with such organisations as appear to them to be representative of interests likely to be substantially affected by these Regulations in accordance with section 129(6) of the Medicines Act 1968;(5)
And after carrying out the consultation required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council (laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety)(6);
Make the following Regulations:
1971 c. 69 as amended by section 21 of the Health and Medicines Act 1988 (c. 49); by virtue of section 1(3) of the 1971 Act expressions in that section have the same meaning as in the Medicines Act 1968 (c. 67) (see the following footnote).
“The Ministers” is defined in section 1(1) of the Medicines Act 1968. Currently, these are—
the Secretary of State (by virtue of article 2(2) of, and paragraph 1 of the Schedule to, the Transfer of Functions (Medicines and Poisons) Order 1999 (S.I. 1999/3142), and additionally in respect of Wales, the earlier Transfer of Functions (Wales) (No. 1) Order (S.I. 1978/272); and of article 3(1)(c) and (7) of and paragraph 15 of Schedule 1 to the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794)); and
the Northern Ireland Departments of Health, Social Services and Public Safety and of Agriculture and Rural Development. See paragraph 4(1)(b) of the Schedule to the Northern Ireland Act 2000 (c. 1), which has effect during suspension: this paragraph provides that the functions of a Northern Ireland Minister who was in charge of a Northern Ireland Department immediately before the coming into force of section 1 of the Act may be discharged by that Department, subject, according to paragraph 4(1)(f) of the Schedule, to the direction and control of the Secretary of State. Prior to the most recent occasion of the coming into force of section 1 of the Northern Ireland Act 2000 (as a consequence of the Northern Ireland Act (Suspension of Devolved Government) Order 2002 (S.I. 2002/2574)), the Ministers of these two Northern Ireland Departments exercised the relevant functions by virtue of section 95(5) of, and paragraph 10(1)(b) of Schedule 12 to, the Northern Ireland Act 1998 (c. 47) and article 3(4) and (6) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283(N.I. 1).
S.I. 1972/1811.
OJ No. L31, 1.2.2002, p. 1.
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