The Medicines (Monitoring of Advertising) Amendment Regulations 1999

This Statutory Instrument has been printed to correct an error in S.I. 1999/267 and is being issued free of charge to all known recipients of that Statutory Instrument

Statutory Instruments

1999 No. 784

MEDICINES

The Medicines (Monitoring of Advertising) Amendment Regulations 1999

Made

9th March 1999

Laid before Parliament

15th March 1999

Coming into force

5th April 1999, in accordance with regulation 1

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to medicinal products(2), in exercise of the powers conferred on him by the said section 2(2), and the Secretaries of State respectively concerned with health in England, in Wales and in Scotland and the Department of Health and Social Services for Northern Ireland, acting jointly, in exercise of the powers conferred upon them by sections 95(1) and (6) of the Medicines Act 1968(3), or, as the case may be, powers conferred by the said provisions and now vested in them(4), and in each case of all other powers enabling them in that behalf, after consultation (in accordance with section 129(6) of the Medicines Act 1968) with such organisations as appear to them to be representative of interests likely to be substantially affected by these Regulations, hereby make the following Regulations:–

Citation ad Commencement

1.  These Regulations may be cited as the Medicines (Monitoring of Advertising) Amendment Regulations 1999 and shall come into force on 5th April 1999, immediately after the Medicines (Advertising and Monitoring of Advertising) Amendment Regulations 1999(5) come into force.

Amendment of the Medicines (Monitoring of Advertising) Regulations 1991

2.  In paragraph 7(a) of the Schedule to the Medicines (Monitoring of Advertising) Regulations 1994(6), for “level 5 on the standard scale” there shall be substituted “the statutory maximum”.

Signed by authority of the Secretary of State for Health

Hayman

Parliamentary Under Secretary of State,

Department of Health

8th March 1999

Signed by authority of the Secretary of State for Wales

Jon Owen Jones

Parliamentary Under Secretary of State, Welsh Office

9th March 1999

Signed by authority of the Secretary of State for Scotland

Sam Galbraith

Parliamentary Under Secretary of State, Scottish Office

9th March 1999

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

D. C. Gowdy

Permanent Secretary

5th March 1999.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend paragraph 7(a) of the Schedule to the Medicines (Monitoring of Advertising) Regulations 1994 (S.I. 1994/1933), as inserted by the Medicines (Advertising and Monitoring of Advertising) Amendment Regulations 1999 (S.I. 1999/267), in order to clarify the maximum penalty available on summary conviction of the either way offence referred to in paragraph 7.

(1)

1972 c. 68.

(2)

S.I. 1972/1811.

(3)

1968 c. 67; see section 1(2)(a) of the 1968 Act, which contains a definition of “the appropriate Ministers” which is relevant to the powers being exercised in the making of these Regulations.

(4)

In the case of the Secretaries of State concerned with health in England and Wales, by virtue of article 2(2) of, and Schedule 1 to, the Transfer of Functions (Wales) Order 1969; and in the case of the Department of Health and Social Services for Northern Ireland, by virtue of section 40 of, and Schedule 5 to, the Northern Ireland Constitution Act 1973 (c. 36) and section 1(3) of, and paragraph 2(1)(b) of Schedule 1 to, the Northern Ireland Act 1974 (c. 28).

(5)

S.I. 1999/267.

(6)

S.I. 1994/1933; the Schedule was inserted by S.I. 1999/267.