Medicines Act 1968

[F1 Hearing before person appointed U.K.

Textual Amendments

F1 Sch. 2 substituted (30.10.2005) by Medicines (Advisory Bodies) Regulations 2005 (S.I. 2005/1094), reg. 1(1), Sch. 1 para. 15

7 (1) If the holder of the licence gives notice under paragraph 5 or 6 of this Schedule of his wish to appear before and be heard by a person appointed by the licensing authority, the authority shall— U.K.

(a) make that appointment; and

(b) arrange for the applicant to have an opportunity of appearing before that person.

(2) The person appointed—

(a) shall not be, or at any time have been, a member of—

(i) the Commission on Human Medicines or any of its Expert Advisory Groups,

(ii) the Medicines Commission formerly established under section 2 of this Act or any of its committees, or

(iii) a committee established under section 4 of this Act, or any sub-committee of such a committee; and

(b) shall not be an officer or servant of any Minister of the Crown.

(3) Subject to sub-paragraph (4) of this paragraph, the holder of the licence shall provide the person appointed with—

(a) a written summary of the oral representations he intends to make; and

(b) any documents on which he wishes to rely in support of those representations,

before the end of the period of three months beginning with the date of the notice referred to in sub-paragraph (1) of this paragraph.

(4) If the holder of the licence so requests, the person appointed may, after consulting the licensing authority, extend the time limit referred to in sub-paragraph (3) of this paragraph, up to a maximum period of six months beginning with the date of the notice referred to in sub-paragraph (1) of this paragraph.

(5) If the holder of the licence fails to comply with the time limit in sub-paragraph (3) of this paragraph, or, where he has been granted an extended time limit under sub-paragraph (4) of this paragraph, that time limit—

(a) he may not appear before or be heard by the person appointed, and

(b) the licensing authority shall decide whether to grant or refuse the licence, or to grant it otherwise than in accordance with the application, and notify the applicant accordingly.

(6) The holder of the licence may not submit any additional written representations or documents once the time limit has expired, except with the permission of the person appointed.

(7) At the hearing before the person appointed, both the holder of the licence and the licensing authority may make representations.

(8) If the holder of the licence so requests the hearing shall be in public.

(9) After the hearing—

(a) the person appointed shall provide a report to the licensing authority; and

(b) the licensing authority shall take this report into account and decide whether to revoke, vary or suspend the licence.

(10) The licensing authority shall then—

(a) notify the holder of the licence of their decision;

(b) if the holder so requests, provide the holder with a copy of the report of the person appointed.]

Modifications etc. (not altering text)

C1 Sch. 2 amendment to earlier affecting provision SI 1992/605 Sch. (30.10.2005) by Medicines (Advisory Bodies) (No.2) Regulations 2005 (S.I. 2005/2754), reg. 1(2)(b), Sch. 4 para. 6(b)

C2 Sch. 2 para. 7 excluded (30.10.2005) by Medicines (Advisory Bodies) (No.2) Regulations 2005 (S.I. 2005/2754), reg. 1(2)(b), Sch. 5 para. 19(3)(a)(ii)

C3 Sch. 2 amendment to earlier affecting provision SI 1994/105 Sch. 4 (30.10.2005) by Medicines (Homoeopathic Medicinal Products for Human Use) Amendment Regulations 2005 (S.I. 2005/2753), regs. 1(1), 19(2)