Statutory Instruments
1997 No. 1349
MEDICINES
The Medicines (Registered Homoeopathic Veterinary Medicinal Products) (General Sale List) Order 1997
Made
23rd May 1997
Coming into force
30th June 1997
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, in exercise of the powers conferred on them by section 51(1) of the Medicines Act 1968(1) (“the Act”), and now vested in them(2), 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 the Act(3), and after taking into account the advice of the Medicines Commission in accordance with section 129(7) of the Act(4), hereby make the following Order:
Title and commencement
1. This Order may be cited as the Medicines (Registered Homoeopathic Veterinary Medicinal Products) (General Sale List) Order 1997 and shall come into force on 30th June 1997.
Application
2. This Order applies to homoeopathic veterinary medicinal products which are registered under the Registration of Homoeopathic Veterinary Medicinal Products Regulations 1997(5) (“registered homoeopathic veterinary medicinal products”) other than those in the class specified in the Schedule.
General sale list
3. Registered homoeopathic veterinary medicinal products to which this Order applies are hereby specified as a class of medicinal products which in the opinion of the appropriate Ministers can with reasonable safety be sold or supplied otherwise than by, or under the supervision of, a pharmacist.
Signed by authority of the Secretary of State for Health
Baroness Jay
Minister of State,
Department of Health
20th May 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
20th May 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
21st May 1997
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
16th May 1997
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
L.S.
D.C.Gowdy
Permanent Secretary
23rd day of May 1997
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this
L.S.
P.J. Small
Permanent Secretary
21st day of May 1997
Article 2
SCHEDULEREGISTERED HOMOEOPATHIC VETERINARY MEDICINAL PRODUCTS TO WHICH THIS ORDER DOES NOT APPLY
Registered homoeopathic veterinary medicinal products which are prescription only medicines under the Medicines (Veterinary Drugs) (Prescription Only) Order 1991(6) as applied by regulation 34(1) of, and Schedule 5 to, the Registration of Homoeopathic Veterinary Medicinal Products Regulations 1997.
Explanatory Note
(This note is not part of the Order)
This Order comes into force on 30th June 1997. It specifies certain homoeopathic veterinary medicinal products registered under the Registration of Homoeopathic Veterinary Medicinal Products Regulations 1997 (S.I. 1997/322) (“the 1997 Regulations”) as being a class of medicinal products which can with reasonable safety be sold or supplied otherwise than by, or under the supervision of, a pharmacist (article 3). In doing so, the Order supplements the 1997 Regulations in implementing the classification provisions of the second paragraph of Article 7.1 of Council Directive 92/74/EEC widening the scope of Directive 81/851/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to veterinary medicinal products and laying down additional provisions on homeopathic veterinary medicinal products (OJ No. L297, 13.10.92, p.12).
(1)
1968 c. 67; “the appropriate Ministers” referred to in section 51 are defined in section 1 (see also footnote (b) below). Section 51 was applied in relation to the homoeopathic veterinary medicinal products referred to in this Order by regulation 34(1) of, and Schedule 5 to, S.I. 1997/322.
(2)
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).
(3)
Section 129 was applied in relation to the homoeopathic veterinary medicinal products referred to in this Order by regulation 34(1) of, and Schedule 5 to, S.I. 1997/322.
(4)
See previous footnote.
(5)
S.I. 1997/322.
(6)
S.I. 1991/1392, amended by S.I. 1991/2568.