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9th August 1971
Laid before Parliament
18th August 1971
Coming into Operation
1st September 1971
The Secretary of State for Social Services and the Secretary of State for Wales (being the Secretaries of State respectively concerned with health in England and in Wales), the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland (being the Secretary of State concerned with health and with agriculture in Scotland), the Minister of Health and Social Services for Northern Ireland and the Minister of Agriculture for Northern Ireland, acting jointly, in exercise of their powers under section 13(2) and 13(3) of the Medicines Act 1968 as having effect subject to the provisions of article 2(2) of and Schedule 1 to the Transfer of Functions (Wales) Order 1969(1), and of all other powers enabling them in that behalf, and after consulting such organisations as appear to them to be representative of interests likely to be substantially affected by this order, hereby make the following order:—
1. This order may be cited as the Medicines (Importation of Medicinal Products for Re-exportation) Order 1971 and shall come into operation on 1st September 1971.
2.—(1) In this order, unless the context otherwise requires—
“the Act” means
“preparations of the pituitary (posterior lobe)”
any micro-organisms, viruses or other organisms in any state,
any toxins of microbial origin which have been detoxified, or
any extracts or derivatives of any micro-organisms or of any viruses,
being substances which, when administered to human beings or animals, are used for the prevention or treatment of specific diseases
and other expressions have the same meaning as in the Act.
(2) The Interpretation Act 1889 shall apply to the interpretation of this order as it applies to the interpretation of an Act of Parliament.
3.—(1) The restriction imposed by section 7(3) of the Act (which prohibits the importation, except in accordance with a product licence, of medicinal products and of articles and substances in relation to which that subsection has effect) shall, subject to paragraph (2) of this article, not apply to the importation of the medicinal products, articles and substances referred to in Part I of the Schedule to this order, not being medicinal products or substances specified in Part II of the said Schedule.
(2) The exemption conferred by paragraph (1) of this article shall take effect only in relation to medicinal products, articles and substances which, having been imported, are to be exported—
(a)in the form in which they were imported, and
(b)without being assembled in a way different from the way in which they were assembled on being imported.
Secretary of State for Social Services
4th August 1971
Given under my hand on 5th August 1971.
Secretary of State for Wales
In Witness whereof the official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 2nd August 1971.
J. M. L. Prior
Minister of Agriculture, Fisheries and Food
Secretary of State for Scotland
3rd August 1971
Given under my hand on 9th August 1971.
W. K. Fitzsimmons
Minister of Health and Social Services for Northern Ireland
Given under my hand on 6th August 1971.
H. W. West
Minister of Agriculture for Northern Ireland
Medicinal products, articles and substances (other than those specified in Part II of this Schedule) to the importation of which section 7(3) of the Act does not apply.
1. All medicinal products.
2. The substances to which the Medicines (Control of Substances for Manufacture) Order 1971(2) applies.
3. The articles and substances to which the Medicines (Surgical Materials) Order 1971(3) applies.
Medicinal products and substances to the importation of which section 7(3) of the Act continues to apply.
Medicinal products and substances, for use other than for human beings, and consisting wholly or partly of antigens, antisera, antitoxins, corticotrophin, heparin, hyaluronidase, insulin, plasma, preparations of the pituitary (posterior lobe), sera, toxins, vaccines or other medicinal products or substances derived from animals.
Section 7(3) of the Medicines Act 1968 prohibits the importation of medicinal products except in accordance with a product licence. The subsection also has effect in relation to such articles and substances to which it has been applied by orders made under sections 104 or 105 of the Act.
This order, made under section 13(2) of the Act, exempts from such prohibition the importation of medicinal products and the articles and substances which are the subject of orders under sections 104 and 105, other than certain specified medicinal products and substances for veterinary use. The exemption only takes effect where the medicinal products, articles and substances are to be re-exported without any change in their form or their manner of assembly.
(1969 I, p. 1070)
(1971 II, p. 3506).
(1971 II, p. 3632).