2006 No. 494

FEES AND CHARGES
MEDICINES

The Medicines for Human Use and Medical Devices (Fees Amendments) Regulations 2006

Made

Laid before Parliament

Coming into force

The Secretary of State for Health, the Department of Health, Social Services and Public Safety and the Department of Agriculture and Rural Development, acting jointly, make the following Regulations in exercise of the powers conferred on them by section 1(1) and (2) of the Medicines Act 19711 or, as the case may be, the powers conferred by those provisions and now vested in them2.

In so far as these Regulations are not made under section 1(1) and (2) of the Medicines Act 1971, the Secretary of State makes these Regulations in exercise of the powers conferred on her by section 2(2) of the European Communities Act 19723 and section 56(1) and (2) of the Finance Act 19734. The Secretary of State has been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to medicinal products5.

The Treasury has consented to the making of these Regulations as required by section 1(1) of the Medicines Act 1971 and section 56(1) of the Finance Act 1973.

In accordance with section 129(6) of the Medicines Act 19686, the Secretary of State for Health, the Department of Health, Social Services and Public Safety and the Department of Agriculture and Rural Development have consulted with such organisations as appear to them to be representative of interests likely to be substantially affected by these Regulations.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Medicines for Human Use and Medical Devices (Fees Amendments) Regulations 2006 and shall come into force on 1st April 2006.

2

In these Regulations—

  • “the Devices Regulations” means the Medical Devices (Consultation Requirements)(Fees) Regulations19957;

  • “the General Fees Regulations” means the Medicines (Products for Human Use—Fees) Regulations 19958; and

  • “the Homoeopathic Products Regulations” means the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 19949.

Amendment of the General Fees Regulations2

1

The General Fees Regulations are amended as follows.

2

In each provision specified in the entries in column (1) of the Schedule to these Regulations (the content of which is described in column (2) of that Schedule), for the amount specified opposite that provision in column (3) of that Schedule substitute the amount specified opposite that provision in column (4) of that Schedule.

3

In Part II of Schedule 1 (capital fees for applications for authorizations, licences and certificates) 10, in paragraph 5, omit sub-paragraphs (1)(aa) and (3).

4

In Part III of Schedule 1 (capital fees for applications for variations of authorizations, licences and certificates) 11, in paragraph 7—

a

in sub-paragraph (a), at the end, insert “and”; and

b

omit sub-paragraph (aa).

5

In Schedule 2 (fees for inspections) 12, in paragraph 2—

a

in sub-paragraph (d), at the end, insert “and”; and

b

omit sub-paragraph (e).

6

In Part III of Schedule 3 (periodic fees for marketing authorizations and licences13, for sub-paragraph (1) of paragraph 7, substitute—

1

The fee payable under regulation 14(3) in connection with the holding of a manufacturer’s licence shall be £356.

Amendment of the Homoeopathic Products Regulations3

1

The Homoeopathic Products Regulations are amended as follows.

2

In regulation 14 (fees for variations of certificates)—

a

in paragraph (2)(a), for “£218” substitute “£226”;

b

in paragraph (2)(b)(i), for “£218” substitute “£226”;

c

in paragraph (2)(b)(ii), for “£218” substitute “£226”;

d

in paragraph (2)(b)(iii), for “£110” substitute “£114”; and

e

in paragraph (2)(b)(iv), for “£55” substitute “£57”.

3

In the table in Schedule 2 (fees for applications for the grant of certificates of registration14

a

in column (2) (fees for applications in respect of products prepared from not more than 5 homoeopathic stocks)—

i

for “£134” substitute “£148”;

ii

for “£402” substitute “£444”; and

iii

for “£664” substitute “£734”; and

b

in column (3) (fees for other applications)—

i

for “£330” substitute “£365”;

ii

for “£592” substitute “£654”;

iii

for “£869” substitute “£960”.

Amendment of regulation 3 of the Devices Regulations4

1

In regulation 3 of the Devices Regulations (fees)—

a

in paragraph (1)(a), for “£3,575” substitute “£3,948”;

b

in paragraph (1)(b), for “£8,333” substitute “£9,202”;

c

in paragraph (2)(a), for “£707” substitute “£781”;

d

in paragraph (2)(b), for “£1,978” substitute “£2,184”;

e

in paragraph (3)(a), for “£3,575” substitute “£3,948”;

f

in paragraph (3)(b), for “£8,333” substitute “£9,262”;

g

in paragraph (4)(a), for “£707” substitute “£781”;

h

in paragraph 4(b), for “£1,978” substitute “£2,184”;

i

in paragraph (5)(a), for “£36,560” substitute “£40,374” and

j

in paragraph (5)(b), for “£9,077” substitute “£10,024”.

Signed by authority of the Secretary of State for Health

Jane KennedyMinister of State,Department of Health

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety

Andrew McCormickPermanent Secretary,Department of Health, Social Services and Public Safety

Sealed with the Official Seal of the Department of Agriculture and Rural Development

Pat ToalPermanent Secretary,Department of Agriculture and Rural Development

We consent,

Gillian Merron and Tom WatsonTwo of the Lords Commissioners of Her Majesty’s Treasury

SCHEDULE

Regulation 2(1)

Column (1)

Column (2)

Column (3)

Column (4)

Provision in the General Fees Regulations

Subject Matter

Old Amount

New Amount

Regulation 3B15

Capital fees for pre-application meetings

Paragraph (a)

£1,012

£1,118

Paragraph (b)

£1,346

£1,486

Paragraph (c)

£1,690

£1,866

Paragraph (d)

£2,024

£2,235

Regulation 3BA16

Capital fees for advertising advice meetings

£1,346

£1,486

Regulation 3BB17

Capital fees for pharmacovigilance advice meeting

Paragraph (a)

£1,690

£1,866

Paragraph (b)

£1,346

£1,486

Regulation 3BC18

Capital fees for advice meetings concerning labelling and leaflets

£1,012

£1,118

Regulation 3BD19

Capital fees for post authorisation regulatory advice meetings

£1,346

£1,486

Regulation 6

Applications for certificates by exporters of medicinal products

Paragraph (1)(a)

£118

£130

Paragraph (1)(b)

£53

£58

Paragraph (1)(c)(i)

£53

£58

Paragraph (1)(c)(ii)

£26

£29

Regulation 11

Renewal of certain manufacturer’s licences

£127

£152

Part II of Schedule 1

Capital fees for applications for authorizations, licences and certificates

In Column 2 of the Table in paragraph 120

Entry 1(a)

£25,802

£28,494

Entry 1(b)

£56,218

£61,959

Entry 1(c)

£56,218

£61,959

Entry 1(d)

£80,698

£88,993

Entry 1(e)

£115,098

£126,982

Entry 1(f)

£80,698

£88,993

Entry 2(a)

£15,689

£17,202

Entry 2(b)

£15,689

£17,202

Entry 2(c)

£22,366

£24,576

Entry 2(d)

£31,219

£34,353

Entry 2(e)

£22,366

£24,576

Entry 3(a)

£5,820

£6,304

Entry 3(b)

£5,820

£6,304

Entry 3(c)

£8,272

£9,011

Entry 3(d)

£11,813

£12,921

Entry 3(e)

£8,272

£9,011

Entry 4(a)

£2,337

£2,457

Entry 4(b)

£2,337

£2,457

Entry 5

£1,493

£1,638

Entry 6

£366

£404

Paragraph 1A(1)

£6,558

£7,824

Paragraph 4(4)(b)

£500

£594

Paragraph 5(1)(a)

£142

£156

Paragraph 5(1)(b)

£268

£295

Paragraph 5(1)(c)

£2,444

£2,688

Paragraph 6(1)

£1,402

£1,542

Paragraph 6(2)

£600

£660

Paragraph 6(4)

£310

£341

In Column 2 of the Table in paragraph 721

Entry 1

£610

£674

Entry 2

£2,700

£2,982

Entry 3

£2,250

£2,485

Entry 4

£140

£155

Part IIA of Schedule 122

Capital fees for assistance in obtaining marketing authorizations in other EEA States

Paragraph 2(a)(i)

£34,400

£37,989

Paragraph 2(a)(ii)

£22,596

£24,953

Paragraph 2(b)(i)

£8,853

£9,777

Paragraph 2(b)(ii)

£5,902

£6,518

Paragraph 2(c)(i)

£3,541

£3,910

Paragraph 2(c)(ii)

£2,951

£3,259

Paragraph 2(d)

£2,119

£2,340

Part III of Schedule 1

Capital fees for applications for variations of authorizations, licences and certificates

Paragraph 2(a)

£142

£170

Paragraph 2(aa)

£224

£266

Paragraph 2(b)

£590

£704

Paragraph 2(c)

£6,672

£7,964

Paragraph 2(cc)

£22,254

£24,576

Paragraph 2(d)

£6,558

£7,824

Paragraph 3(a)

£222

£264

Paragraph 3(aa)

£442

£526

Paragraph 3(b)

£714

£852

Paragraph 3(c)

£11,568

£13,808

Paragraph 3(d)

£31,106

£34,353

Paragraph 5A(1)

£500

£594

Paragraph 6(a)

£142

£158

Paragraph 6(b)

£6,558

£7,824

Paragraph 6(c)

£296

£326

Paragraph 7(a)

£200

£220

Paragraph 7(b)

£400

£440

Paragraph 8

£200

£220

Paragraph 9

£378

£416

Paragraph 10

£200

£220

Paragraph 11(1)(a)

£100

£110

Paragraph 11(1)(b)

£200

£220

Paragraph 11(1)(c)

£300

£330

Paragraph 15(a)(ii)

£500

£594

Paragraph 15(a)(iii)

£250

£297

Paragraph 15(b)(ii)

£250

£297

Part IIIA of Schedule 123

Capital fees for assessment of labels and leaflets

Paragraph 2(a)

£430

£472

Paragraph 2(b)

£273

£300

Part IV of Schedule 124

Capital fees for regulatory assistance given by the United Kingdom acting as reference Member State relating to the assessment of applications for the renewal of specified marketing authorizations

Paragraph 1(a)

£7,415

£8,847

Paragraph 1(b)

£605

£722

Paragraph 2(a)(ii)

£605

£722

Paragraph 2(b)(ii)

£303

£361

Schedule 2

Fees for inspections

Paragraph 2(a)(i)

£2,534

£3,618

Paragraph 2(a)(ii)

£4,654

£6,645

Paragraph 2(a)(iii)

£5,610

£8,010

Paragraph 2(a)(iv)

£9,578

£13,676

Paragraph 2(b)(i)

£2,751

£3,928

Paragraph 2(b)(ii)

£5,610

£8010

Paragraph 2(b)(iii)

£8,782

£12,539

Paragraph 2(b)(iv)

£15,926

£22,740

Paragraph 2(c)(i)

£1,005

£1,563

Paragraph 2(c)(ii)

£2,717

£3,879

Paragraph 2(c)(iii)

£4,035

£5,761

Paragraph 2(c)(iv)

£7,512

£10,726

Paragraph 2(cc)(i)

£1,518

£2,243

Paragraph 2(cc)(ii)

£4,048

£5,856

Paragraph 2(cc)(iii)

£7,590

£10,914

Paragraph 2(d)

£221

£240

In column 2 in the Table in paragraph 2(f)25

Entry for “none”

£1,023

£1,461

Entry for “1 to 4”

£1,226

£1,751

Entry for “5 to 20”

£2,035

£2,906

Entry for “21 to 100”

£4,059

£5,796

Entry for “101 to 500”

£9,119

£9,484

Entry for “more than 500”

£16,203

£16,850

Paragraph 4A(1)(b)

£3,000

£4,284

Paragraph 4A(1)(c)

£4,000

£5,712

Paragraph 5(1)

£499

£712

Paragraph 5(1)

£1,095

£1,563

In column 2 in the Table in paragraph 5(3)26

Entry for “none”

£1,023

£1,461

Entry for “1 to 4”

£1,226

£1,751

Entry for “5 to 20”

£2,035

£2,906

Entry for “21 to 100”

£4,059

£5,796

Entry for “101 to 500”

£9,119

£9,484

Entry for “more than 500”

£16,203

£16,850

Paragraph 5A(a)27

£3,542

£5,057

Paragraph 5A(b)

£5,060

£7,225

Paragraph 5A(c)

£10,120

£14,450

Paragraph 5D(1)(a)28

£600

£800

Paragraph 5D(1)(b)

£1,100

£1,300

Paragraph 5D(1)(c)

£1,100

£1,300

Paragraph 7(4)(a)29

£3,000

£4,284

Paragraph 7(4)(b)

£5,000

£7,139

Paragraph 7(4)(c)

£10,000

£14,279

Paragraph 7(4)(d)

£15,000

£21,418

Paragraph 7(4)

£3,000

£4,284

Part III of Schedule 3

Periodic fees for marketing authorizations and licences

In column 2 of the Table in paragraph 1

Entry 1

£14,768

£17,278

Entry 2(a)

£6,080

£7,114

Entry 2(b)(i)

£1,521

£1,780

Entry 2(b)(ii)

£759

£888

Entry 2(b)(iii)

£247

£289

Entry 2(c)(i)

£666

£779

Entry 2(c)(ii)

£333

£390

Entry 2(c)(iii)

£123

£144

Entry 2(d)(i)

£275

£322

Entry 2(d)(ii)

£137

£160

Entry 2(d)(iii)

£60

£70

Entry 2(e)

£75

£88

Paragraph 2(a)

£338

£395

Paragraph 2(b)

£167

£195

Paragraph 2(c)

£71

£83

Paragraph 3(a)

£6,080

£7,114

Paragraph 3(b)

£4,105

£4,803

Paragraph 7(2)

£304

£356

Paragraph 8(1)

£187

£219

Paragraph 8(2)

£112

£131

Paragraph 1030

£200

£234

(This note is not part of the Regulations)

These Regulations make further amendments to the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 (“the Homoeopathic Products Regulations”), the Medical Devices (Consultation Requirements) (Fees) Regulations 1995 (“the Devices Regulations”) and the Medicines (Products for Human Use—Fees) Regulations 1995 (“the General Fees Regulations”).

The General Fees Regulations make provision for the fees payable under the Medicines Act 1971, and other fees payable in respect of Community obligations, relating to marketing authorizations, licences and certificates in respect of medicinal products for human use. Regulation 2 and the Schedule to these Regulations provide for a number of the fees payable by virtue of the General Fees Regulations to be increased. The increases are of amounts between 4% and 42.8%, Most capital fees have been increased by amounts between 10% and 19%, periodic fees have been increased by 17% and all but two of the inspection fees have been increased by 42.8% (the remaining two inspection fees have both been increased by 4%).

Regulation 2 also provides for certain provisions of the General Fees Regulations to be revoked. Those provisions provided for particular fees to be payable in respect of manufacturer’s licences where those licences related solely to import of medicines from third countries. The revocation of those provisions means that the fees payable in respect of such licences will be the same as for other manufacturers' licences (i.e for manufacturer’s licences which do not relate solely to import of medicines from third countries).

The Homoeopathic Products Regulations implemented in part Council Directive 92/73/EEC31 (now replaced by Directive 2001/83/EC32) by introducing a new registration procedure for the marketing of certain homoeopathic medicinal products for human use. Regulation 3 of these Regulations amends the Homoeopathic Products Regulations so as to increase the amounts of the fees payable for applications for, and variations of, certificates of registration and the fees payable by holders of certificates of registration. The increases average overall 10%.

The Devices Regulations prescribe the fees which are payable where a notified body consults the competent body in accordance with Council Directive 93/42/EEC33 concerning medical devices. Regulation 4 of these Regulations amends the Devices Regulations by increasing the amounts of the fees specified in regulation 3 of those Regulations. The increases average overall 10%.

A full Regulatory Impact Assessment of the effect that this instrument will have on the costs of business has been placed in the libraries of both Houses of Parliament and copies may be obtained from the Medicines and Healthcare products Regulatory Agency, Market Towers, 1 Nine Elms Lane, London SW8 5NQ