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Statutory Instruments

2008 No. 2946

Medicines

The Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 2008

Made

12th November 2008

Laid before Parliament

19th November 2008

Coming into force

1st January 2009

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 by sections 75(1), 76(1) and (2) and 129(1) and (5) of the Medicines Act 1968(1).

In the case of the Minister, the powers conferred by those provisions are now vested in the Minister(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 2008 and come into force on 1st January 2009.

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), for “£510” (fee for registration of premises, where premises are in Great Britain) substitute “£529”;

(b)in paragraph (2), for “£162” (retention fee, where premises are in Great Britain) substitute “£168”; and

(c)in paragraph (3), for “£510” (additional sum by way of penalty, where premises are in Great Britain) substitute “£529”.

Signed by authority of the Secretary of State for Health.

Phil Hope

Minister of State,

Department of Health

8th November 2008

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

Michael McGimpsey

Minister of Health, Social Services and Public Safety

12th November 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973 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 by 3.7% where the premises are in Great Britain;

(b)regulation 2(b) increases the retention fee by 3.7% where the premises are in Great Britain; and

(c)regulation 2(c) increases the penalty for failure to pay a retention fee (payable in the circumstances specified in section 76(2) of the Medicines Act 1968) by 3.7% where the premises are in Great Britain.

A full impact assessment of the effect that this instrument will have on the costs of businesses and the voluntary sector is available from the Department of Health, Skipton House, 80 London Road, London SE1 6LH.

(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 paragraph 1(1) of the Schedule to S.I. 1999/3142 and paragraph 2 of Part 1 of Schedule 8 to S.I. 2006/2407. The word “prescribed,” which is also relevant to the powers being exercised, 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 for which the Minister is responsible was renamed by virtue of Article 3(6) of S.I. 1999/283 (N.I. 1).

(3)

S.I. 1973/1822; the relevant amending instruments are S.I. 1980/1806 and S.I. 2007/3282.