1997 No. 856

MEDICINES

The Medicines (Bal Jivan Chamcho Prohibition) (No. 2) Amendment Order 1997

Made

Laid before Parliament

Coming into force

The Secretaries of State concerned with health in England, in Wales and in Scotland respectively and the Department of Health and Social Services for Northern Ireland, acting jointly, in exercise of powers conferred upon them by sections 62(1)(a) and 129(4) of the Medicines Act 19681 or, as the case may be, those conferred by those provisions and now vested in them2, and of all other powers enabling them in that behalf, after consulting such organisations as appear to them to be representative of interests likely to be substantially affected by this Order, pursuant to section 129(6) of that Act, and after consulting and taking into account the advice of the Committee on Safety of Medicines pursuant to sections 62(3) and 129(7) of that Act, hereby make the following Order:

Citation and commencement1

This Order may be cited as the Medicines (Bal Jivan Chamcho Prohibition) (No. 2) Amendment Order 1997 and shall come into force on 8th April 1997.

Amendment of the Medicines (Bal Jivan Chamcho Prohibition) (No. 2) Order 19772

Article 2 of the Medicines (Bal Jivan Chamcho Prohibition) (No. 2) Order 19773 (prohibition of sale, supply and importation of Bal Jivan Chamcho) shall be amended as follows—

a

in paragraph (1) for the words “subject to paragraph (3)” there shall be substituted the words “subject to paragraphs (3) and (4)”; and

b

after paragraph (3) there shall be inserted the following paragraph—

4

The prohibition imposed by paragraph (1) above shall not apply to the importantion of any medicinal product as aforesaid—

a

from a member State of the European Community, or

b

if the product originated in an EEA State within the meaning of Article 9 and Protocol 4 to the Agreement on the European Economic Area signed at Oporto on 2nd May 19924, as adjusted by the Protocol signed at Brussels on 17th March 19935, from an EEA State other than a member State.

Signed by authority of the Secretary of State for Health

Gerald MaloneMinister of StateDepartment of Health

Signed by authority of the Secretary of State for Wales

Gwilym JonesParliamentary Under Secretary of State for Wales
James Douglas HamiltonMinister of State The Scottish Office

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

F.A. ElliottPermanent Secretary

(This note is not part of the Order)

This Order amends the Medicines (Bal Jivan Chamcho Prohibition) (No. 2) Order 1977 to remove the prohibition on the importation, but not the sale and supply, of the medicinal product known as Bal Jivan Chamcho when it is imported from a member State of the European Community or, where the product originates in the European Economic Area, from a state (not being a member State of the European Community) which is party to the European Economic Area Agreement.