The Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) (Amendment) (No. 2) Order 1988

Made: 5th December 1988

Laid before Parliament: 15th December 1988

Coming into force: 1st January 1989

The Secretary of State concerned with health in England, the Secretaries of State respectively concerned with health and with agriculture in Scotland and in Wales, the Minister of Agriculture, Fisheries and Food, the Department of Health and Social Services for Northern Ireland and the Department of Agriculture for Northern Ireland acting jointly, in exercise of the powers conferred by sections 57(1), (2) and (2A) and 129(4) of the Medicines Act 1968[^f00001] and now vested in them[^f00002], 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 the following Order in accordance with section 129(6) of that Act and with the consent of the Treasury in accordance with section 57(2A) of that Act, hereby make the following Order:

Title, commencement and interpretation

1

• (1) This Order may be cited as the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) (Amendment) (No. 2) Order 1988 and shall come into force on 1st January 1989.

• (2) In this Order “the principal Order” means the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) Order 1985[^f00003].

Amendment of the principal Order

2

The principal Order shall be amended in accordance with articles 3 to 7 below.

3

In article 3 (exemption for merchants in veterinary drugs)—

• (a) in paragraph (11)(a) there shall be substituted for the amount “£130.00” the amount “£150.00”;

• (b) in paragraph (11)(b) there shall be substituted for the amount “£91.00” the amount “£99.00”;

• (c) in paragraph (12)(b) there shall be inserted after the date “30th October 1984” the words “, as amended on 22nd November 1988,”;

• (d) after paragraph (14) there shall be inserted the following paragraph—

(14A) The Society or the Department shall refuse to retain in the Society’s register or the Department’s register (as the case may be) the name of any person in respect of any premises if his name is already entered in the register on 1st January 1989 unless that person gives to the Society or the Department (as the case may be) on or before 31st January 1989 a new undertaking in writing that he will comply with the provisions of the code of practice referred to in paragraph (12)(b) above, and that undertaking shall supersede the undertaking previously given by him pursuant to that paragraph.

• (e) after paragraph (15) there shall be inserted the following paragraph—

(15A) The Society or the Department shall refuse to restore to the Society’s register or the Department’s register (as the case may be) the name of any person in respect of any premises if his name has been removed from the register before 1st January 1989 unless that person has given to the Society or the Department (as the case may be) a new undertaking in writing that he will comply with the provisions of the code of practice referred to in paragraph (12)(b) above, and that undertaking shall supersede the undertaking previously given by him pursuant to that paragraph.

4

In article 5 (exemptions for merchants in horse wormers)—

• (a) in paragraph (11)(b) there shall be inserted after the date “October 1985” the words “, as amended on 22nd November 1988,”;

• (b) after paragraph (13) there shall be inserted the following paragraph—

(13A) The Society or the Department shall refuse to retain in the register kept by the Society or the Department (as the case may be) under paragraph (6) above the name of any person in respect of any premises if his name is already entered in the register on 1st January 1989 unless that person gives to the Society or the Department (as the case may be) a new undertaking in writing that he will comply with the provisions of the code of practice referred to in paragraph (11)(b) above, and that undertaking shall supersede the undertaking previously given by him pursuant to that paragraph.

• (c) after paragraph (14) there shall be inserted the following paragraph—

(14A) The Society or the Department shall refuse to restore to the register kept by the Society or the Department (as the case may be) under paragraph (6) above the name of any person in respect of any premises if his name has been removed from the register before 1st January 1989 unless that person has given to the Society or the Department (as the case may be) a new undertaking in writing that he will comply with the provisions of the code of practice referred to in paragraph (11)(b) above, and that undertaking shall supersede the undertaking previously given by him pursuant to that paragraph.

5

For Part B of Schedule 1 (veterinary drugs sold by merchants) there shall be substituted the provisions set out in Schedule 1 to this Order.

6

For Part B of Schedule 2 (veterinary drugs for incorporation in animal feeding stuffs) there shall be substituted the provisions set out in Schedule 2 to this Order.

7

In Schedule 4 (horse wormers) there shall be omitted—

• (a) the entry “PL 0003/4127 Systamex Paste 18.5% Horse and Pony Wormer”;

• (b) the product licence number “PL 0829/4058” in the entry relating to Telmin.

SCHEDULE 1 — CONTAINING NEW PART B OF SCHEDULE 1 TO THE PRINCIPAL ORDER

SCHEDULE 2 — CONTAINING NEW PART B OF SCHEDULE 2 TO THE PRINCIPAL ORDER

Signed

Kenneth Clarke — Secretary of State for Health — 29th November 1988

Sanderson of Bowden — Minister of State, Scottish Office — 28th November 1988

Peter Walker — Secretary of State for Wales — 28th November 1988

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28th November 1988.

John MacGregor — Minister of Agriculture, Fisheries and Food

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 1st day of December 1988.

F. A. Elliott — Permanent Secretary

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 2nd day of December 1988.

W. H. Jack — Permanent Secretary

We consent,

David Lightbown — David Maclean — Two of the Lords Commissioners of Her Majesty’s Treasury — 5th December 1988

Explanatory note

(This note is not part of the Order)

This Order further amends the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) Order 1985 (“the 1985 Order”) which provides for exemptions from the restrictions imposed by section 52 of the Medicines Act 1968.

The Order increases fees payable by a merchant in veterinary drugs in respect of each premises for the entry of his name in the relevant register from £130 to £150 and for the retention of his name in that register from £91 to £99 (article 3(a) and (b)).

The Order updates references in the 1985 Order to the Code of Practice for Merchants Selling or Supplying Veterinary Drugs and the Code of Practice for Saddlers Selling or Supplying Horse Wormers (articles 3(c) and 4(a)). Persons whose names are already entered in the relevant register of merchants in veterinary drugs or in horse wormers on 1st January 1989, or whose names have been removed from the register before that date, must undertake to comply with the provisions of the relevant amended code if their names are to be retained in, or restored to, the register (articles 3(d) and (e) and 4(b) and (c)).

Updated provisions are substituted for Part B of Schedule 1 (veterinary drugs sold by merchants) and Part B of Schedule 2 (veterinary drugs for incorporation in animal feeding stuffs) to the 1985 Order (articles 5 and 6 and Schedules). The items shown in italics in the new provisions have been inserted whilst other items have been deleted. The Order also makes minor amendments to the list of products in Schedule 4 (horse wormers) (article 7).

Footnotes

[^f00001]: 1968 c. 67; “the appropriate Ministers” referred to in section 57 is defined in section 1 (see also the following footnote); section 57(2A) was inserted by the Animal Health and Welfare Act 1984 (c. 40), section 14.

[^f00002]: In the case of the Secretaries of State concerned with health in England and in Wales by virtue of S.I. 1969/388, in the case of the Secretary of State concerned with agriculture in Wales by virtue of S.I. 1978/272 and in the case of the Northern Ireland Departments by virtue of the Northern Ireland Constitution Act 1973 (c. 36), section 40 and Schedule 5, and the Northern Ireland Act 1974 (c. 28), section 1(3) and Schedule 1, paragraph 2(1)(b).

[^f00003]: S.I. 1985/1823; relevant amending instruments are S.I. 1986/1997, 1987/1123, 1980, 1988/1015.

[^f00004]: Items shown in italics did not appear in Part B of Schedule 1 as amended by S.I. 1988/1015.

[^f00005]: Alternative product names used by specially authorised persons are not shown.

[^f00006]: Items shown in italics did not appear in Part B of Schedule 2 as amended by S.I. 1988/1015.

[^f00007]: Alternative product names used by specially authorised persons are not shown.