The Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 2007

Statutory Instruments

2007 No. 3282

medicines

The Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 2007

Made

14th November 2007

Laid before Parliament

22nd November 2007

Coming into force

1st January 2008

The Secretary of State and the Minister of Health, Social Services and Public Safety, acting jointly, make the following Regulations in exercise of the powers conferred on them by sections 75(1), 76(1) and (2) and 129(1) and (5) of the Medicines Act 1968(1), or in the case of the Minister, the powers conferred by those provisions and now vested in him(2).

In accordance with section 129(6) of that Act, they have consulted such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations.

Citation and commencement

1.  These Regulations may be cited as the Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 2007 and shall come into force on 1^st January 2008.

Amendment of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973

2.  In regulation 3 (fees) of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973(3)—

(a) in paragraph (1) (fee for registration of premises), for “£492” substitute “£510” and for “£97” (fee where premises are in Northern Ireland) substitute “£102”;

(b) in paragraph (2) (retention fee), for “£156” substitute “£162” and for “£135” (fee where premises are in Northern Ireland) substitute “£142”; and

(c) in paragraph (3) (additional sum by way of penalty), for “£492” substitute “£510” and for “£281” (sum where premises are in Northern Ireland) substitute “£295”.

Revocation

3.  The Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 2006(4) are revoked.

Signed by authority of the Secretary of State for Health

Dawn Primarolo

Minister of State,

Department of Health

12th November 2007

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety

Michael McGimpsey

Minister for Health,

Department of Health, Social Services and Public Safety

14th November 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973 (“the principal Regulations”) as follows—

(a) regulation 2(a) increases the fee for registration of premises at which a retail pharmacy business is, or is to be, carried on from £492 to £510 (where the premises are in Great Britain) and from £97 to £102 (where the premises are in Northern Ireland);

(b) regulation 2(b) increases the subsequent annual fee (retention fees) from £156 to £162 (where the premises are in Great Britain) and from £135 to £142 (where the premises are in Northern Ireland);

(c) regulation 2(c) increases the penalty for failure to pay a retention fee (payable in circumstances specified in section 76(2) of the Medicines Act 1968) from £492 to £510 (where premises are in Great Britain) and from £281 to £295 (where the premises are in Northern Ireland).

These Regulations also revoke the Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 2006, which increased the fees in the principal Regulations, the effect of which is spent.

These Regulations amend an existing regulatory regime to increase the fees by a pre-determined formula in relation to Great Britain. A full Impact Assessment is not necessary for such legislation.

These Regulations amend an existing regulatory regime to increase the fees by 5% in relation to Northern Ireland.

(1)

1968 c.67. The expression “the Ministers”, which is relevant to the powers being exercised in the making of these Regulations, is defined in section 1 of the Act as amended by Schedule 1 to S.I. 1969/388, paragraph 1(1) of the Schedule to S.I. 1999/3142 and paragraph 2 of Part I of Schedule 8 to S.I. 2006/2407; section 76(6) of the Act was omitted by paragraph 40 of Part I of Schedule 8 to S.I. 2006/2407. The word “prescribed” is defined in section 132(1) of the Act.

(2)

By virtue of section 95(5) of, and paragraph 10 of Schedule 12 to, the Northern Ireland Act 1998 (c. 47); the Department was renamed by virtue of Article 3(6) of S.I. 1999/283 (N.I.1.).

(3)

S.I. 1973/1822; relevant amending instruments are S.I. 1980/1806 and S.I. 2006/3264.

(4)

S.I. 2006/3264.