Regulation 17 Manufacturing of medicinal products
A person may not except in accordance with a licence F2of the appropriate type (a “manufacturer's licence”)—
manufacture a medicinal product,
assemble a medicinal product,
import a medicinal product into Great Britain from a country other than—
Northern Ireland, or
an approved country for import,
import a medicinal product into Northern Ireland from a country other than an EEA State, or
possess a medicinal product for the purpose of any activity in sub-paragraphs (a) to (d).
For the purposes of paragraph (1), the appropriate type of manufacturer’s licence is a licence that relates to whichever, or whichever combination, of the following that is appropriate—
manufacture and assembly of medicinal products, except for advanced therapy medicinal products, MM medicinal products, POC medicinal products or special medicinal products;
import of medicinal products, except for special medicinal products, MM medicinal products or POC medicinal products;
manufacture and assembly of advanced therapy medicinal products;
manufacture and assembly of MM medicinal products;
manufacture and assembly of POC medicinal products;
manufacture and assembly of special medicinal products;
import of special medicinal products.
Paragraph (1) is subject to F4paragraphs (3) to (9).
Paragraph (1) applies in relation to an investigational medicinal product only—
if the product has a marketing authorisation, Article 126a authorisation, certificate of registration or traditional herbal registration; and
to the extent that the manufacture or assembly of the product is in accordance with the terms and conditions of that authorisation, certificate or registration.
Paragraph (1) does not apply to a person who, in connection with the importation of a medicinal product F7...—
provides facilities solely for transporting the product; or
acting as an import agent, imports the medicinal product solely to the order of another person who holds a manufacturer's licence authorising the importation of the product.
Paragraph (1) does not apply to a person who imports a medicinal product for administration to himself or herself or to any other person who is a member of that person's household.
Paragraph (1) does not apply to imports into Northern Ireland from Great Britain of—
special medicinal products, F9...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of paragraph (7) a medicinal product has been released for sale, supply or distribution where, after the stage of manufacturing has taken place, the product is the subject matter of a written or verbal agreement between two or more persons for the transfer of ownership, any other property right, or possession concerning the product, or where the product is the subject matter of an offer to a person to conclude such an agreement.
Paragraph (1)(d) does not apply to the importation of a medicinal product into Northern Ireland from Great Britain by the holder of a wholesale dealer’s licence, where the following conditions are met—
the medicinal product has undergone—
in an EEA State, the quality control testing provided for by Article 51 of the 2001 Directive, or
in the United Kingdom, checks in accordance with these Regulations and the requirements of the marketing authorisation relating to the product and that these are appropriately certified;
the batch release of the medicinal product has been undertaken—
in Northern Ireland or an EEA State, by a qualified person in accordance with Article 51(1) of the 2001 Directive, and it is accompanied by the appropriate control reports, or
in Great Britain, by a qualified person applying equivalent standards;
the medicinal product has a UKMA(UK) or UKMA(NI); F11and
the importation of the medicinal product is with a view to its sale or supply in Northern Ireland only; F12...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulation 17A sets out additional requirements in relation to the manufacture or assembly of MM medicinal products.
Regulation 17B sets out additional requirements in relation to the manufacture or assembly of POC medicinal products.
Annotations
Textual amendments
- F1
Reg. 17(1) substituted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), regs. 1, 14(2) (as substituted by S.I. 2020/1488, reg. 1, Sch. 2 para. 9(a)); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in reg. 17(1) inserted (23.7.2025) by The Human Medicines (Amendment) (Modular Manufacture and Point of Care) Regulations 2025 (S.I. 2025/87), regs. 1(2), 5(2)
- F3
Reg. 17(1A) inserted (23.7.2025) by The Human Medicines (Amendment) (Modular Manufacture and Point of Care) Regulations 2025 (S.I. 2025/87), regs. 1(2), 5(3)
- F4
Words in reg. 17(2) substituted (17.5.2023) by The Human Medicines (Amendment) Regulations 2023 (S.I. 2023/437), regs. 1(1), 3(2)
- F5
Reg. 17(4)(b) and word omitted (1.1.2025) by virtue of The Human Medicines (Amendments relating to the Windsor Framework) Regulations 2024 (S.I. 2024/832), regs. 1(1), 10(a)
- F6
Reg. 17(4)(aa) inserted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), regs. 1, 14(4) (as substituted by S.I. 2020/1488, reg. 1, Sch. 2 para. 9(c)); 2020 c. 1, Sch. 5 para. 1(1)
- F7
Words in reg. 17(5) omitted (31.12.2020) by virtue of S.I. 2019/775, reg. 14(5) (as substituted by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1488), reg. 1, Sch. 2 para. 9(d))
- F8
Reg. 17(7)(8) inserted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), regs. 1, 14(6) (as inserted by S.I. 2020/1488, reg. 1, Sch. 2 para. 9(e)); 2020 c. 1, Sch. 5 para. 1(1)
- F9
Reg. 17(7)(b) and word omitted (1.1.2025) by virtue of The Human Medicines (Amendments relating to the Windsor Framework) Regulations 2024 (S.I. 2024/832), regs. 1(1), 10(b)
- F10
Reg. 17(9) inserted (17.5.2023) by The Human Medicines (Amendment) Regulations 2023 (S.I. 2023/437), regs. 1(1), 3(3)
- F11
Word in reg. 17(9) inserted (1.1.2025) by The Human Medicines (Amendments relating to the Windsor Framework) Regulations 2024 (S.I. 2024/832), regs. 1(1), 10(c)
- F12
Reg. 17(9)(e) and word omitted (1.1.2025) by virtue of The Human Medicines (Amendments relating to the Windsor Framework) Regulations 2024 (S.I. 2024/832), regs. 1(1), 10(d)
- F13
Reg. 17(10)(11) inserted (23.7.2025) by The Human Medicines (Amendment) (Modular Manufacture and Point of Care) Regulations 2025 (S.I. 2025/87), regs. 1(2), 5(4)
Notes on Part 3
Textual amendments
- F1
Pt. 3 heading and Pt. 3 Ch. 1 inserted (20.8.2013) by The Human Medicines (Amendment) Regulations 2013 (S.I. 2013/1855), regs. 1(1), 4
Notes on Chapter 2
Textual amendments
- F1
Pt. 3 Ch. 2 heading inserted (20.8.2013) by The Human Medicines (Amendment) Regulations 2013 (S.I. 2013/1855), regs. 1(1), 4