The Veterinary Medicines Regulations 2006

Regulation 44(3)

SCHEDULE 9 OTHER CONSEQUENTIAL AMENDMENTS

PART 1 Consequential amendments to primary legislation

The Pharmacy Act 1954

1.  In subsection (1) of section 13I of the Pharmacy Act 1954(1) (effect of suspension of registration)—

(a) in paragraph (b) omit “31, 33”;

(b) at the end of paragraph (e) omit the word “and”; and

(c) add at the end the following—

“and

(g) the Veterinary Medicines Regulations 2006.”.

The Trade Descriptions Act 1968

2.  In subsection (5) of section 2 of the Trade Descriptions Act 1968(2) (trade description) add at the end the following—

“(c) where any description of a veterinary medicinal product is required to be applied to the product by an authorisation for the product granted under the Veterinary Medicines Regulations 2006, that description, when applied to the product, shall be deemed not to be a trade description.”.

The Poisons Act 1972

3.  After subsection (1)(a) of section 11 of the Poisons Act 1972(3) (interpretation) add—

“(aa) a veterinary medicinal product as defined by regulation 2 of the Veterinary Medicines Regulations 2006, nor”.

The City of London (Various Powers) Act 1977

4.  Section 23 of the City of London (Various Powers) Act 1977(4) (animal feeding stuffs) shall cease to have effect.

The Sporting Events (Control of Alcohol etc.) Act 1985

5.  In subsection (3) of section 2 of the Sporting Events (Control of Alcohol etc.) Act 1985(5) (offences in connection with alcohol, containers, etc. at sports grounds) after “(within the meaning of the Medicines Act 1968)” add “or any veterinary medicinal product (within the meaning of the Veterinary Medicines Regulations 2006)”.

The Animals (Scientific Procedures) Act 1986

6.  In section 2 of the Animals (Scientific Procedures) Act 1986(6) (regulated procedures) substitute for subsection (6) the following subsection—

“(6) The administration of any substance or article to an animal is not a regulated procedure if the substance or article is administered for research purposes in accordance with an animal test certificate granted under the Veterinary Medicines Regulations 2006.”.

The Consumer Protection Act 1987

7.  In subsection (1) of section 19 of the Consumer Protection Act 1987(7)(interpretation of Part II) in the definition of “licensed medicinal product”—

(a) at the end of paragraph (a) omit the word “or”; and

(b) at the end of paragraph (b) add—

“or

(c) a veterinary medicinal product that has a marketing authorisation under the Veterinary Medicines Regulations 2006.”

The Environmental Protection Act 1990

8.  In subsection (7) of section 142 of the Environmental Protection Act 1990(8) (powers to obtain information about potentially hazardous substances)—

(a) omit the word “and” where it appears after the words “Part III of the Food and Environment Protection Act 1985;”; and

(b) after the words “the Food Safety Act 1990;” add—

“the Veterinary Medicines Regulations 2006;”.

The Sunday Trading Act 1994

9.  In Schedule 1 to the Sunday Trading Act 1994(9) (restrictions on Sunday opening of large shops)—

(a) in paragraph 1 after the definition of “stand” add—

““veterinary medicinal product” has the same meaning as in regulation 2 of the Veterinary Medicines Regulations 2006.”; and

(b) in paragraph 3(1)(d)(ii) after the words “medicinal products” add the words “, veterinary medicinal products”.

The Value Added Tax Act 1994

10.  In Group 15 in Part II of Schedule 8 to the Value Added Tax Act 1994(10) (zero rating)—

(a) in item 9 insert the words “or veterinary medicinal product” after the words “medicinal product”; and

(b) in Note (11)—

(i) omit the words “or animals” (in both places) from the definition of “medicinal product”; and

(ii) after paragraph (c) add—

“(d) “veterinary medicinal product” has the meaning assigned to it by regulation 2 of the Veterinary Medicines Regulations 2006.”

The Criminal Law (Consolidation) (Scotland) Act 1995

11.  In subsection (8) of section 20 of the Criminal Law (Consolidation) (Scotland) Act 1995(11) (sporting events: controls)—

(a) in the definition of “controlled container”, after “medicinal product” insert “or veterinary medicinal product”; and

(b) after the definitions of “medicinal product” and “medicinal purpose” insert—

““veterinary medicinal product” has the meaning assigned to that term by regulation 2 of the Veterinary Medicines Regulations 2006.”.

The Food Standards Act 1999

12.  For subsection (2) of section 29 of the Food Standards Act 1999(12) (consultation on veterinary products) substitute—

“(2) In this section “veterinary products” means—

(a) veterinary medicinal products as defined in regulation 2 of the Veterinary Medicines Regulations 2006; or

(b) specified feed additives as defined in paragraph 1 of Schedule 5 to those Regulations.”

The Licensing Act 2003

13.  In section 191 of the Licensing Act 2003(13) (meaning of “alcohol”)—

(a) at the end of subsection (1)(e) add “or a veterinary medicinal product”; and

(b) at the end of subsection (2) add—

““veterinary medicinal product” has the same meaning as in regulation 2 of the Veterinary Medicines Regulations 2006”.

PART 2 Consequential revocations of and amendments to secondary legislation

Revocations

1.  The following are revoked—

(a) the Medicines (Veterinary Drugs) (Renewal Applications for Licences and Animal Test Certificates) Regulations 1994(14);

(b) the Medicines (Animal Feeding Stuffs) (Enforcement) Regulations 1985(15);

(c) the Medicines (Feeding Stuffs Limits on Variation) Order 1976(16).

Importation of Animal Pathogens Order 1980

2.  In article 5 of the Importation of Animal Pathogens Order 1980(17) after the words “section 7 of the Medicines Act 1968 or section 32 of that Act” add “or in accordance with the Veterinary Medicines Regulations 2006”.

The Warble Fly (England and Wales) Order 1982

3.  In article 2 of the Warble Fly (England and Wales) Order 1982(18) for the definition of “dressing” substitute—

““dressing” means a product that has a marketing authorisation under the Veterinary Medicines Regulations 2006 permitting its sale and supply for systemic use to kill the warble fly;”.

The Environmental Protection (Prescribed Processes and Substances) Regulations 1991

4.  In Section 4.8 of Schedule 1 to the Environmental Protection (Prescribed Processes and Substances) Regulations 1991(19) after the words “one of the ways specified in section 130(1) of the Medicines Act 1968” add “any veterinary medicinal product to which the Veterinary Medicines Regulations 2006 apply”.

The Products of Animal Origin (Import and Export) Regulations 1996

5.—(1) The Products of Animal Origin (Import and Export) Regulations 1996(20) are amended in accordance with this paragraph.

(2) In regulation 11(1) for the words “a licence issued under section 8 of the Medicines Act 1968” substitute “a manufacturer’s authorisation granted under the Veterinary Medicines Regulations 2006”.

(3) In regulation 12(1) for the words “licence issued under section 8 of the Medicines Act 1968” substitute “manufacturer’s authorisation granted under the Veterinary Medicines Regulations 2006”.

(1)

1954 c. 61.

(2)

1968 c. 29.

(3)

1972 c. 66.

(4)

1977 c. xv.

(5)

1985 c. 57.

(6)

1986 c. 14.

(7)

1987 c. 43.

(8)

1990 c. 43.

(9)

1994 c. 20.

(10)

1994 c. 23.

(11)

1995 c. 39.

(12)

1999 c. 28.

(13)

2003 c. 17.

(14)

S.I. 1994/3143.

(15)

S.I. 1985/273.

(16)

S.I. 1976/31.

(17)

S.I. 1980/1212.

(18)

S.I. 1982/234.

(19)

S.I. 1991/472.

(20)

S.I. 1996/3124 to which there are amendments not relevant to these Regulations.