The Medicines (Fees Relating to Medicinal Products for Human Use) Regulations 1989

Type Statutory-Instrument
Publication 1989-03-09
State In force
Department Queen's Printer of Acts of Parliament
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Made: 9th March 1989

Laid before Parliament: 10th March 1989

Coming into force: 1st April 1989

The Secretary of State concerned with health in England, the Secretaries of State respectively concerned with health and with agriculture in Wales and in Scotland, 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, with the consent of the Treasury, in exercise of the powers conferred by section 1(1) and (2) of the Medicines Act 1971[^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 these Regulations[^f00003], hereby make the following Regulations:–

PART I — GENERAL

Citation, commencement and scope

1

Interpretation

2

PART II — FEES FOR APPLICATIONS FOR LICENCES OR CERTIFICATES AND FOR INSPECTIONS IN CONNECTION THEREWITH

Applications for Licences

3

Subject to regulations 16 and 20 of these Regulations, in connection with an application for a product licence, a manufacturer’s licence or a wholesale dealer’s licence there shall be payable by the applicant –

Applications for Clinical Trial Certificates

4

Subject to regulation 20 of these Regulations, in connection with an application for a clinical trial certificate, there shall be payable by the applicant a fee of £8,000.

Applications for certificates for exports of medicinal products

5

PART III — FEES FOR APPLICATIONS FOR VARIATIONS OF LICENCES OR CERTIFICATES

Variations of Licences

6

Subject to regulations 9, 16 and 20 of these Regulations, in connection with an application under section 30 of the Medicines Act 1968 for the variation of a provision of a product licence, a manufacturer’s licence or a wholesale dealer’s licence, there shall be payable by the applicant –

Variations of Clinical Trial Certificates

7

Subject to regulations 8, 9 and 20 of these Regulations, in connection with an application under section 39(4) of the Medicines Act 1968 for variation of a provision of a clinical trial certificate, there shall be payable by the applicant a fee of £175.

Change of Name or Address in Clinical Trial Certificates

8

Where an application is made for a variation to a provision of the clinical trial certificate and the variation applied for consists of no more than a change of either or both the name and address of the holder of the certificate, there shall be payable by the applicant a fee of £50.

Applications for Multiple Variations

9

A separate fee shall be payable in respect of each variation of each provision of a licence or certificate applied for in any one application except that no separate fee shall be payable in respect of any variation which is related to or is consequential upon another variation of a provision of the same licence or certificate which is applied for in the same application.

PART IV — FEES FOR APPLICATIONS FOR RENEWALS OF LICENCES OR CERTIFICATES

Renewal of Licences

10

Subject to regulations 12, 16 and 20 of these Regulations, in connection with an application under section 24(2) of the Medicines Act 1968 for renewal of a product licence, a manufacturer’s licence or a wholesale dealer’s licence, there shall be payable by the applicant —

Renewal of Certificates

11

Subject to regulations 12 and 20 of these Regulations, in connection with an application under section 38(2) of the Medicines Act 1968 for renewal of a clinical trial certificate there shall be payable by the applicant a fee of £2,000.

Renewals in terms which are not identical to the existing licence or certificate

12

Where an applicant applies for renewal of a licence, or as the case may be, a clinical trial certificate so as to contain provisions which are not identical to that licence or certificate as in force at the date of that application, the fee payable under this Part of these Regulations shall be increased by an amount equal to the fee which would have been payable under Part III of these Regulations had he made a separate application for each variation of that licence or certificate.

PART V — FEES FOR INSPECTIONS MADE DURING THE CURRENCY OF A LICENCE

13

PART VI — ADMINISTRATION

Payment of fees to Ministers

14

Any sums which under the provisions of these Regulations become payable by way of, or on account of, fees shall be paid to one of the Ministers specified in section 1(1)(a) of the Medicines Act 1968.

Time for payment of fees in connection with applications or inspections and refunds of such fees

15

Waiver, Reduction or Refund of Fees

16

The licensing authority shall waive payment of, reduce any fee or part of a fee otherwise payable under these Regulations or refund the whole or part of any fee already so paid in any of the circumstances specified in Schedule 3 to these Regulations.

Suspension of Licences

17

Where any sum due by way of, or on account of, any fee or any part thereof payable under these Regulations remains unpaid by the holder of a licence or certificate, the licensing authority may serve a notice on him requiring payment of the sum unpaid and, if after a period of one month from the date of service of such notice, or such longer period as the licensing authority may allow, the said sum remains unpaid, the licensing authority may forthwith suspend the licence or certificate until such sum has been paid.

Civil proceedings to recover unpaid fees

18

All unpaid sums due by way of, or on account of, any fees payable under these Regulations shall be recoverable as debts due to the Crown.

PART VII — REVOCATION, SAVINGS AND TRANSITIONAL PROVISIONS

Revocation and Savings

19

Transitional provisions

20

SCHEDULE 1 — FEES FOR APPLICATIONS, VARIATIONS AND RENEWALS OF LICENCES

PART I — INTERPRETATION

1

In this Schedule —

PART II — FEES FOR APPLICATIONS FOR LICENCES

Product Licences

2

Where a major application is made by a person who is already the holder of a clinical trial certificate in respect of a medicinal product containing the same active ingredient as the medicinal product in respect of which the product licence is applied for, the fee payable under regulation 3(a) of these Regulations in connection with that application shall be reduced by the amount of the fee paid in connection with the application for that certificate.

3

Manufacturers' Licences

4

Wholesale Dealers' Licences

5

The fee payable under regulation 3(a) of these Regulations in connection with an application for a wholesale dealer’s licence shall be £650.

PART III — FEES FOR APPLICATIONS FOR VARIATIONS OF LICENCES

Product Licences

Manufacturers' Licences

Wholesale Dealers' Licences

Other Variations

PART IV — FEES FOR APPLICATIONS FOR RENEWALS OF LICENCES

Product Licences

Manufacturers' Licences

Wholesale Dealers' Licences

SCHEDULE 2 — FEES FOR INSPECTIONS

Interpretation

1

Fees

2

Subject to paragraphs 3 to 5 below, the fee payable in respect of an inspection under these Regulations shall be —

3

4

In the case of an inspection in connection with the grant, variation or renewal of a wholesale dealer’s licence or during the currency of such a licence, the fee payable under these Regulations shall be —

5

The fee payable in respect of an inspection at a site outside the United Kingdom shall be increased by an amount equal to the travelling and subsistence costs of the inspector relating to the inspection and any additional costs reasonably incurred by him in respect of that inspection as a result of its being at a site outside the United Kingdom (such as interpreter’s fees).

SCHEDULE 3 — WAIVER, REDUCTION OR REFUND OF FEES

1

Where the manufacture, assembly, sale or supply of medicinal products of a particular class or description will be, or is likely to be, interrupted for a period and in consequence thereof the health of the community will be, or is likely to be, put at risk, any fees otherwise payable under these Regulations in connection with an application for the grant of a product licence or a manufacturer’s licence relating to a medicinal product falling within that class or description shall be waived during that period or, if the period will, or is likely to, exceed 3 months, during the first 3 months of that period.

2

3

Where an application for a manufacturer’s or a wholesale dealer’s licence is withdrawn before determination by the licensing authority, the following percentage of the fee otherwise payable under regulation 3(a) of these Regulations in connection with that application shall be refunded or, if it has not yet been paid, shall be waived:–

4

Where the same site is inspected at the same time in connection with applications for the grant, variation or renewal of both a manufacturer’s licence and a wholesale dealer’s licence or during the currency of both such licences, the fee otherwise payable under these Regulations in respect of the inspection relating to the wholesale dealer’s licence shall be waived.

SCHEDULE 4 — REGULATIONS REVOKED IN SO FAR AS THEY APPLY IN RELATION WHOLLY OR PARTLY TO MEDICINAL PRODUCTS FOR HUMAN USE

Signed

Signed by authority of the Secretary of State for Health

D. Mellor — Minister of State, — Department of Health — 9th March 1989

Peter Walker — Secretary of State for Wales — 8th March 1989

Malcolm Rifkind — Secretary of State for Scotland — 8th March 1989

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 8th March 1989.

John MacGregor — Minister of Agriculture, Fisheries and Food

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 9th March 1989.

F.A. Elliott — Permanent Secretary

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 9th March 1989.

W.J. Hodges — Permanent Secretary

We consent,

Stephen Dorrell — Kenneth Carlisle — Two of the Lords Commissioners of Her Majesty’s Treasury — 7th March 1989

Explanatory note

(This note is not part of the Regulations)

These Regulations, which replace the Medicines (Fees) Regulations 1978 (as amended), prescribe fees in connection with applications and inspections relating to licences and certificates granted under the Medicines Act 1968 in so far as they apply to medicinal products for human use only.

These Regulations provide for fees to be payable for applications for the grant of product licences, manufacturers' licences, wholesale dealers' licences, clinical trial certificates and export certificates (Part II).

The Regulations also provide for fees to be payable for applications for variations of such licences or certificates (Part III) and for renewal thereof (Part IV). In addition the Regulations provide for fees to be payable in respect of inspections of sites carried out in connection with such applications for such licences or certificates and during the currency thereof (Part V).

Administrative provisions (Part VI) deal with time of payment and waiver or refund of fees in specified circumstances.

Part VII of the Regulations deals with revocations, savings and transitional provisions.

Footnotes

[^f00001]: 1971 c. 69, as amended by section 21 of the Health and Medicines Act 1988 (c. 49); by virtue of section 1(3) of the 1971 Act expressions in that section have the same meaning as in the Medicines Act 1968 (c. 67), as amended by the Transfer of Functions (Wales) Order 1969 (S.I. 1969/388). The expression “The Ministers” is defined in section 1(1) of the 1968 Act as so amended.

[^f00002]: In the case of the Secretaries of State concerned with health in England and in Wales by virtue of Article 2(2) of, and Schedule 1 to, the Transfer of Functions (Wales) Order 1969; in the case of the Secretary of State concerned with agriculture in Wales by virtue of Article 2(3) of, and Schedule 1 to, the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272); in the case of the Northern Ireland Departments by virtue of section 40 of, and Schedule 5 to, the Northern Ireland Constitution Act 1973 (c. 36), and section 1(3) of, and paragraph 2(1)(b) of Schedule 1 to, the Northern Ireland Act 1974 (c. 28).

[^f00003]: See section 129(6) of the Medicines Act 1968 as extended to include regulations made under the Medicines Act 1971 by section 1(3)(b) of that latter Act.

[^f00004]: 1977 c. 49.

[^f00005]: 1978 c. 29.

[^f00006]: S.I. 1972/1265 (N.I.14).

[^f00008]: O.J. No. L 147, 9.6.1975 p.13, as amend ed by Article 3 of Council Directive 83/570/EEC, O.J. No. L 332, 28.11.1983, p.1.

[^f00009]: O.J. No.22, 9.2.1965, p.369/65, as amended by Article 1.1 of Council Directive 87/21/EEC, O.J. No. L 15/36, 17.1.1987.

[^f00010]: O.J. No. L 147, 9.6.1975, page 1.

[^f00011]: S.I. 1971/1450; there are no relevant amending instruments.

[^f00012]: S.I. 1978/1121.

[^f00013]: S.I. 1979/899.

[^f00014]: S.I. 1980/16.

[^f00015]: S.I. 1980/1126.

[^f00016]: S.I. 1982/1121.

[^f00017]: S.I. 1983/1731.

[^f00018]: S.I. 1985/1231.

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