The Medicines (Products for Human Use) (Fees) Regulations 2016

Regulation 57(2)

SCHEDULE 8 U.K. Adjustment [F1 , waiver] reduction or refund of periodic fees

Textual Amendments

F1 Word in Sch. 8 heading inserted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), reg. 1, Sch. 1 para. 10(2) (with Sch. 1 para. 11); 2020 c. 1, Sch. 5 para. 1(1)

Refund on surrender or revocation of authorisation, registration or licence U.K.

1.  Where, after payment of a periodic fee payable in accordance with the provisions of these Regulations, the marketing authorisation, traditional herbal registration or licence in respect of which such a fee has been paid is either—

(a) surrendered at the specific written invitation of the licensing authority; or

(b) revoked by the licensing authority on a date earlier than the date of expiry stated in the marketing authorisation, traditional herbal registration or licence,

the licensing authority shall refund the whole or any part of the difference between such periodic fee as has been paid and the amount of the periodic fee payable on the basis of the actual duration of the marketing authorisation, traditional herbal registration or licence up to the date of such surrender or revocation.

Adjustment and refund: licences relating to imported special medicinal products U.K.

2.—(1) This paragraph applies to periodic fees payable in connection with a manufacturer's licence or a wholesale dealer's licence which relates to imported special medicinal products.

(2) If during a fee period the number of special import notices given by a licence holder is greater than the estimated number notified by the licensing authority in accordance with paragraph 15 of Part 3 of Schedule 4, the periodic fee payable in relation to that period shall be increased by the difference, if any, between the amount payable in accordance with that paragraph and the amount which would have been payable if the estimated number notified by the licensing authority for that fee period had been the same as the actual number of notices given during that year.

(3) If during a fee period the number of special import notices given by a licence holder is less than the estimated number notified by the licensing authority in accordance with paragraph 15 of Part 3 of Schedule 4, the licensing authority shall refund the difference, if any, between the amount payable in accordance with that paragraph and the amount which would have been payable if the estimated number notified by the licensing authority for that fee period had been the same as the actual number of notices given during that year.

[F2 Waiver or refund: converted EU marketing authorisations U.K.

2A.— (1) Where the licensing authority revokes a converted EU marketing authorisation in accordance with paragraph 6(3) of Schedule 33A to the Human Medicines Regulations, the periodic fee payable under regulation 38(1) in relation to that authorisation shall be refunded, or if it has not yet been paid, shall be waived.

(2) In this paragraph, “converted EU marketing authorisation” has the meaning given in paragraph 6(1) and (2) of Schedule 33A to the 2012 Regulations.]

Textual Amendments

F2 Sch. 8 para. 2A inserted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), reg. 1, Sch. 1 para. 10(3) (with Sch. 1 para. 11); 2020 c. 1, Sch. 5 para. 1(1)

Refunds: treated as having been paid on account U.K.

3.  Any sums payable to the applicant by way of refund of any fees under the provisions of this Schedule may be treated as having been paid on account of any other fee which the applicant is liable to pay (whether by instalments or otherwise) under the provisions of these Regulations.