Health and Medicines Act 1988 in Northern Ireland

At any time when the successor company is wholly owned by the Crown the Treasury may guarantee, in such manner and on such conditions as they think fit, the redemption or repayment of any stock issued or temporary loan raised by the successor company and the payment of interest on any such stock or loan.

Immediately after any guarantee is given under this section the Treasury shall lay a statement of the guarantee before each House of Parliament, and where any sum is issued for fulfilling such a guarantee or a guarantee such as is mentioned in subsection (6) below the Treasury shall, as soon as possible after the end of each financial year beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is finally discharged, lay before each House of Parliament a statement relating to that sum.

Any sums required by the Treasury for fulfilling any guarantee given or treated as given under this section shall be charged on and issued out of the Consolidated Fund.

If any sums are issued in fulfilment of any guarantee given or treated as given under this section, the successor company shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments of such amounts as the Treasury may direct in or towards repayment of the sums so issued and payments of interest on what is outstanding for the time being in respect of sums so issued at such rates as the Treasury may direct.

Any sums received by the Treasury under this section shall be paid into the Consolidated Fund.

Any guarantee given by the Treasury under section 7 of the M1National Health Service Act 1966 with respect to a liability of the Corporation which becomes a liability of the successor company by virtue of section 1 above shall be treated as if it were a guarantee given under this section.

Any guarantee given or treated as given under this section shall be extinguished when the successor company ceases to be wholly owned by the Crown.

The successor company shall be regarded for the purposes of this Act as wholly owned by the Crown at any time when each of the issued shares in the company and the whole of any stock issued by it is held by, or by a nominee of, the Secretary of State.

Section 28(4) of the National Health Service Act 1977 shall cease to have effect.

This section shall be deemed to have come into force on 26th November 1987.

No payment shall be made on a claim for payment of charges under section 28(4) of the National Health Service Act 1977 which is submitted on or after 26th November 1987 but the repeal of that subsection by this section does not have effect in relation to a case where such a claim is submitted before that date.

in subsection (6)(a), after the word “section” there shall be inserted the words “and for ancillary administrative purposes,”; and

in subsection (8), in paragraph (a) of the definition of “the relevant enactments”, for the words “section 48 of the Education Act 1944, Part III of the National Assistance Act 1948, section 45 of this Act” there shall be substituted the words “, any enactment functions under which for the time being stand referred to committees established in pursuance of section 2 of the M2Local Authority Social Services Act 1970.”

The following paragraphs shall be inserted after paragraph (a) of subsection (1) of section 1 of the M1Medicines Act 1971—

“(aa)

for the payment and recovery of such fees as are prescribed by the regulations in respect of inspections made—

(i)

in connection with applications for the grant, renewal or variation of any such licence; or

(ii)

during the currency of any such licence;

(ab)

for the payment and recovery of such annual or other periodic fees (in addition to fees payable by virtue of regulations made under paragraph (aa) above) as are prescribed by the regulations in connection with the holding of any such licence and for the payment and recovery of a penalty for failure to pay a fee so prescribed at the time at which it should have been paid;

(ac)

for the calculation of the amount of any annual or other periodic fee payable by virtue of regulations made under paragraph (ab) above by reference to one or more of the following—

(i)

the United Kingdom turnover of a medicinal product or a number of medicinal products to which the licence relates;

(ii)

the United Kingdom turnover of all medicinal products to which licences held by the holder of the licence relate;

(iii)

fees received by the holder of the licence in respect of a medicinal product or a number of medicinal products to which the licence relates;

(iv)

fees received by the holder of the licence in respect of all medicinal products to which licences held by the holder of the licence relate;

(ad)

for the amount of any fee payable by virtue of regulations made under paragraph (ab) above to be calculated in such manner as may be specified in the regulations—

(i)

if insufficient evidence is submitted for the calculations that would be required by regulations made under paragraph (ac) above; or

(ii)

if no evidence is submitted for those calculations;”.

In paragraph (b) of that subsection, after the word “refund” there shall be inserted the words “, adjustment, set-off, waiver or reduction”.

The following subsection shall be inserted after that subsection—

“(1A)

In subsection (1) above—

• “medicinal product” includes—

(a)

any article or substance in relation to which provisions of Part II of the principal Act have effect by virtue of an order under section 104 or 105 of that Act; and

(b)

any medicated feeding stuff, as defined in subsection (3B) of section 130 of the principal Act, which by virtue of an order under subsection (3A) of that section is to be treated as a medicinal product for the purposes of that Act; and

• “United Kingdom turnover” means the value, as determined under the regulations, of the aggregate of all quantities of a medicinal product, other than quantities which the regulations direct to be excluded from the calculation, which, during a period specified in the regulations—

(a)

in the case of a product licence, are sold or supplied in the United Kingdom by the holder of the licence or such other person as may be prescribed by the regulations;

(b)

in the case of a manufacturer’s licence, are manufactured or assembled by the holder of the licence in the United Kingdom;

(c)

in the case of a wholesale dealer’s licence, are sold by the holder of the licence by way of wholesale dealing in the United Kingdom.”

Any regulations which purport to have been made under section 1 of the M2Medicines Act 1971—

as if this section had been in force when they were made.

The following paragraphs shall be inserted after paragraph (c) of section 103(1) of the M1Medicines Act 1968—

“(ca)

the International Pharmacopoeia;

(cb)

the Cumulative List of Recommended International Nonproprietary Names;”

Regulations and orders made under the Medicines Act 1968 before the passing of this Act shall be construed as if section 103(1) of that Act, as originally enacted, had included the paragraphs added by subsection (1) above, but their addition does not extend the meaning of “specified publication”, where that term is used in regulations and orders so made.

References to International Nonproprietary Names in regulations and orders made under that Act before the passing of this Act shall be construed as references to names contained from time to time in the Cumulative List.

In section 103(3) of the Medicines Act 1968 for the words “other than this”, there shall be substituted the words “contained in this Act or in any other”.

Regulations and orders made under that Act before the passing of this Act shall be construed as if—

In section 103(5) after the word “force”, in the second place where it occurs, there shall be inserted the words “, under whatever title,”.

Regulations and orders made under that Act before the passing of this Act shall be construed as if section 103(5), as originally enacted, had included the words added by subsection (6) above.

This section does not alter the meaning of any instrument in respect of a period before the passing of this Act.

The Secretary of State may provide by regulations that a person—

shall be guilty of an offence.

The power to make regulations conferred by this section shall be exercisable by statutory instrument, and a statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The power may be exercised—

If any person contravenes regulations under this section, he shall be liable—

Where an offence under this section which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In this section—

• “HIV” means Human Immunodeficiency Virus of any type;

• “HIV testing kit” means a diagnostic kit the purpose of which is to detect the presence of HIV or HIV antibodies; and

• “HIV testing services” means diagnostic services the purpose of which is to detect the presence of HIV or HIV antibodies in identifiable individuals.

The provisions of this Act to which this subsection applies shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed in pursuance of this subsection for different provisions or different purposes of the same provision.

Subsection (1) above applies to the following provisions of this Act—

• section 8;

• section 9;

• section 11;

• section 12;

• section 13;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1;

• section 25(1), so far as it relates to paragraphs 3, 4, 5, 8, 10, 11, 12 and 15 of Schedule 2 to this Act, and to paragraphs 1 and 9 of that Schedule to the extent that they have effect for the purposes of those paragraphs;

• section 25(2), so far as it relates—

The provisions of this Act to which this subsection applies shall come into force on the day this Act is passed.

Subsection (3) above applies to the following provisions of this Act—

• section 1 (including Schedule 1) and sections 2 to 6;

• section 17(3);

• section 19;

• section 21;

• section 22;

• section 25(2), so far as it relates to section 28(4) of the M8National Health Service Act 1977;

• this section;

• section 27;

• section 28;

Subject to the foregoing provisions of this section, this Act shall come into force at the end of the period of two months beginning with the day this Act is passed.

The Secretary of State may by regulations made by statutory instrument make—

as he considers necessary or expedient in preparation for or in connection with the coming into force of any provision of this Act or the operation of any enactment which is repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

Regulations under this section may modify any enactment contained in this or in any other Act and any instrument made under an Act of Parliament.

A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M1Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to the purposes of a provision of this Act to which this subsection applies—

The provisions of this Act to which subsection (1) above applies are sections 7 to 11, section 13, sections 15 to 18 and section 23.

Sections . . . F1, 21 and 22 above and this section extend to Northern Ireland.

Section 26 above extends to Northern Ireland so far as it relates to the provisions mentioned in subsection (3) above and this section.

Subject to the foregoing provisions of this section, this Act does not extend to Northern Ireland.

in any agreement (whether or not in writing) and in any deed, bond or instrument;

in any process or other document issued, prepared or employed for the purpose of any proceedings before any Court or other tribunal or authority; and

in any other document whatever (other than an enactment) relating to or affecting any property, right or liability of the Corporation which vests by virtue of section 1(1) above in the successor company,

confers or imposes on the Corporation any rights or liabilities which vest in the successor company by virtue of section 1(1) above; and

refers (in whatever terms and whether expressly or by implication) to a member or officer of the Corporation,

It is hereby declared for the avoidance of doubt that the effect of an order under section 1(1) above in relation to any contract of employment with the Corporation in force immediately before the day specified under that subsection is merely to modify the contract (as from that day) by substituting the successor company as the employer (and not to terminate the contract or vary it in any other way).

Accordingly—

shall count as employment with the successor company.

The following sub-paragraph shall be substituted for sub-paragraph (1) of paragraph 2 of Schedule 11 (making and recovery of charges)—

“(1)

The optical appliances referred to in section 70(1) are glasses and contact lenses, and the charge for glasses and contact lenses which that subsection authorises is a charge of such sum as may be determined by or in accordance with directions given by the Secretary of State.”

In sub-paragraph (3) of that paragraph, after “70(1)” there shall be inserted “or (1A)”.

In sub-paragraph (4) for “(1)” there shall be substituted “(1A)”.