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The Medicines (Radioactive Substances) Order 1978

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Citation, commencement and interpretation

1.—(1) This order may be cited as the Medicines (Radioactive Substances) Order 1978 and shall come into operation on 1st January 1979.

(2) In this order, unless the context otherwise requires—

the Act” means the Medicines Act 1968;

radioactive substance” means any substance that contains one or more radionuclides of which the activity or the concentration cannot be disregarded as far as radiation protection is concerned;

and other expressions have the same meanings as in the Act.

(3) Except in so far as the context otherwise requires, any reference in this order to any provision of any enactment shall be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which may re-enact or replace it.

(4) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply for the purposes of the interpretation of this order as they apply for the purposes of the interpretation of an Act of Parliament.

Application of specified provisions of the Act to certain substances or articles consisting of or containing radioactive substances

2.—(1) For the purposes of section 104(1) of the Act, the articles or substances described in the Schedule to this order are hereby specified as being articles or substances appearing to the Health Ministers to be articles or substances which are not medicinal products but are manufactured, sold, supplied, imported or exported for use wholly or partly for a medicinal purpose and it is hereby directed that, subject to the modification specified in paragraph (2) of this Article, the following provisions of the Act, that is to say the provisions contained in Part I, sections 60 and 67(2) and (4) and Part VIII shall have effect in relation to such articles or substances as those provisions have effect in relation to medicinal products.

(2) In relation to any apparatus as is described in paragraph 3 of the Schedule to this order, section 130(9) of the Act (definition of “administer”) shall have effect as if the definition included the exposure of the body or any part of the body to the neutrons emitted by the apparatus.

David Ennals

Secretary of State for Social Services

10th July 1978

John Morris

Secretary of State for Wales

12th July 1978

Bruce Millan

Secretary of State for Scotland

13th July 1978

Sealed with the official seal of the Department of Health and Social Services for Northern Ireland this 17th day of July 1978.

L.S.

N. Dugdale

Permanent Secretary

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