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The Human Medicines Regulations 2012, Section 69 is up to date with all changes known to be in force on or before 21 October 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.
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69.—(1) The licensing authority may, if any of the following conditions are met, suspend the use, sale, supply or offer for sale or supply within the United Kingdom of a product to which a UK marketing authorisation [F1or parallel import licence] relates.
(2) Condition A is that the licensing authority thinks that—
(a)the product to which the authorisation relates is harmful;
(b)the positive therapeutic effects of the product do not outweigh the risks of the product to the health of patients or of the public;
(c)the product lacks therapeutic efficacy, in that therapeutic results cannot be obtained from the product; or
(d)the product's qualitative or quantitative composition is not as described in the application for the authorisation or the material supplied with it.
(3) Condition B is that the licensing authority thinks that the holder of the authorisation has not complied with regulation 75(7) (requirements to provide proof of controls on manufacturing process).
(4) Condition C is that the licensing authority thinks that there has been a breach of—
(a)a term of the authorisation; or
(b)a requirement imposed by Part 13 (packaging and leaflets).
(5) Condition D is that the licensing authority thinks that paragraph (4) or (5) of regulation 26 (power to revoke, suspend or vary manufacturers' licences) applies in relation to the manufacturer's licence for the product to which the authorisation relates.
(6) A suspension under this regulation may relate to batches of the product.
(7) The licensing authority must give notice in writing of a suspension under this regulation to the holder of the UK marketing authorisation [F2or parallel import licence].
(8) The licensing authority must provide in the notice that the suspension—
(a)is to take effect immediately or from a date specified in the notice; and
(b)is to apply for the period specified in the notice.
(9) Where a medicinal product is the subject of a suspension under this regulation, the licensing authority may—
(a)in exceptional circumstances; and
(b)for such a transitional period as the licensing authority may determine,
allow the supply of the medicinal product to patients who are already being treated with the medicinal product.
F3(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in reg. 69(1) inserted (E.W.S.) (1.10.2014) by The Human Medicines (Amendment) (No. 2) Regulations 2014 (S.I. 2014/1878), regs. 1, 4 and words in reg. 69(1)(7) inserted (N.I.) (1.10.2014) by The Human Medicines (Amendment) (No. 2) Regulations 2014 (S.R. 2014/324), regs. 1(1), 4(2)(j)
F2Words in reg. 69(7) inserted (E.W.S.) (1.10.2014) by The Human Medicines (Amendment) (No. 2) Regulations 2014 (S.I. 2014/1878), regs. 1, 4 and words in reg. 69(1)(7) inserted (N.I.) (1.10.2014) by The Human Medicines (Amendment) (No. 2) Regulations 2014 (S.R. 2014/324), regs. 1(1), 4(2)(j)
F3Reg. 69(10) omitted (31.12.2020) by virtue of The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), regs. 1, 78; 2020 c. 1, Sch. 5 para. 1(1)
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