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10.—(1) Unless paragraph (4) applies, the fee payable by a person specified in paragraph (2) with whom the licensing authority holds a meeting for a purpose specified in paragraph (3) is £4,451.
(2) A person who—
(a)is, or is to be, a sponsor of a clinical trial;
(b)manufactures medicinal products;
(c)is, or is to be, responsible for placing medicinal products on the market; or
(d)acts on behalf of, or provides advice or assistance to, a person referred to in sub-paragraphs (a) to (c),
is a specified person for the purpose of paragraph (1).
(3) A meeting referred to in paragraph (1) is for a specified purpose if it is held to provide advice in relation to—
(a)scientific or regulatory issues relating to the development of a medicinal product or a type of medicinal product;
(b)the design of pharmaceutical or pre-clinical tests, or clinical trials, for a medicinal product or a type of medicinal product;
(c)the management of risk in relation to a medicinal product or a type of medicinal product which is under development, or is being marketed in the European Union; or
(d)other scientific or regulatory issues relating to a medicinal product or a type of medicinal product after an EU marketing authorisation has been granted for that product or a product of that type.
(4) Paragraph (1) does not apply in the case of a meeting where the purpose of such a meeting is to provide only advice specified in regulations 4 to 9.
(5) In this regulation—
“Directive 93/42/EEC” means Council Directive 93/42/EEC concerning medical devices F1;
“medical device” has the same meaning as in Article 1(2)(a) of Directive 93/42/EEC;
“medicinal product” includes a substance incorporated in a medical device which, if used separately, may be considered to be a medicinal product as defined in Article 1(2) of the 2001 Directive;
“regulatory issues” means issues relating to the application of any EU instrument relating to EU marketing authorisations or to medical devices, or any enactment which implements such an instrument;
“risks” means any risk relating to the quality, safety or efficacy of a medicinal product as regards patients' health or public health, or any risk of undesirable effects on the environment;
“sponsor” shall be interpreted in accordance with regulation 3 (sponsor of a clinical trial) of the Clinical Trials Regulations F2;
and a reference to the development of a medicinal product or a type of medicinal product is a reference to development for the purposes of—
(a)obtaining an EU marketing authorisation, or making a variation to an EU marketing authorisation, for that product or a product of that type; or
(b)obtaining a design-examination certificate of the type mentioned in paragraph 4.3 of Annex II to Directive 93/42/EEC or a type-examination certificate of the type mentioned in paragraph 5 of Annex III to that Directive, for a medical device incorporating that product or a product of that type.
Textual Amendments
F1OJ No L 169, 12.7.1993, p1. This Directive has been amended by Directive 98/79/EC of the European Parliament and of the Council (OJ No L 331, 7.12.1998, p1), Directive 2000/70/EC of the European Parliament and of the Council (OJ No L 313, 13.12.2000, p22), Directive 2001/104/EC of the European Parliament and of the Council (OJ No L 6, 10.1.2002, p50), Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ No L 284, 31.10.2003, p1) and Directive 2007/47/EC of the European Parliament and of the Council (OJ No L 247, 21.9.2007, p21).
F2Regulation 3 has been amended by S.I. 2006/1928.