Regulation 37 Manufacturing and assemblyF1
This regulation applies in relation to a manufacturer’s licence relating to the manufacture or assembly of medicinal products.
The licence holder must comply with the principles and guidelines for good manufacturing practice set out in the Good Manufacturing Practice Directive F2which apply under or by virtue of regulation B17.
Unless paragraph (10) applies, the licence holder shall use active substances as starting materials only if—
those substances have been manufactured in accordance with good manufacturing practice for active substances; and
those substances have been distributed in accordance with the guidelines on good distribution practice for active substances.
The licence holder shall verify—
that the manufacturer or distributor of an active substance used by the licence holder has complied with the requirements of good manufacturing practice and good distribution practice for active substances by means of audits performed—
directly by the licence holder, or
by a person acting on behalf of the licence holder under a contract;
that unless the active substance is imported into Great Britain from a country other than an approved country for import or into Northern Ireland from a country other than an EEA State from a third country, any manufacturers, importers or distributors supplying active substances to the licence holder—
in the case of a product imported into Great Britain, are registered with the appropriate authority for the registration of such persons in the approved country for import, and
in the case of a product imported into Northern Ireland, are registered with the competent authority of a member State in which they are established; and
the authenticity and quality of the active substance.
The licence holder shall ensure that—
excipients are suitable for use in a medicinal product by—
ascertaining what the appropriate good manufacturing practice is, and
ensuring that the ascertained good manufacturing practice is applied;
the assessment under sub-paragraph (b) takes account of—
the source,
requirements under other quality systems,
intended use of the excipients, and
previous instances of quality defects,
the authenticity and quality of any excipient used is verified; and
the measures taken under this paragraph are documented by the licence holder.
The licence holder must maintain such staff, premises and equipment as are necessary for the stages of manufacture and assembly of medicinal products undertaken by the licence holder in accordance with—
the manufacturer’s licence; F7...
in the case of a product for supply as an EAMS medicinal product, the conditions attached to the EAMS scientific opinion in respect of the product; F9...
in the case of an MM medicinal product, the MM master file;
in the case of a POC medicinal product, the POC master file; and
F11in the case of a product for sale or supply—
in Great Britain F12(including a listed NIMAR product for sale or supply from Great Britain to Northern Ireland), the UKMA(GB), UKMA(UK), COR(GB), COR(UK), THR(GB) or THR(UK), or
in Northern Ireland, the UKMA(NI), UKMA(UK), COR(NI), COR(UK), THR(NI), THR(UK), EU marketing authorisations or Article 126a authorisations,
applying to the medicinal products.
The licence holder must not manufacture or assemble medicinal products, or classes of medicinal products, other than those specified in the licence.
F13Except in the case of an MM medicinal product or a POC medicinal product, the licence holder must not manufacture or assemble medicinal products on premises other than those specified in the licence as approved by the licensing authority for the purpose.
The licence holder must ensure that blood, or blood components, imported into the United Kingdom and used as a starting material or raw material in the manufacture of a medicinal product meet—
the standards of quality and safety specified in F14the Blood Quality and Safety Regulations 2005; or
equivalent standards.
The requirements in paragraphs (3) to (5) do not apply in relation to the manufacture or assembly of special medicinal product to which regulation 167 (supply to fulfil special needs) applies F15or an EAMS medicinal product to which regulation 167E(1) to (4) (EAMS medicinal product: manufacture, assembly, importation, distribution and supply) applies.
The licence holder must immediately inform the F16licensing authority and, where applicable, the F17UK marketing authorisation holder, of medicinal products which come within the scope of manufacturing authorisation which the licence holder—
knows or suspects; or
has reasonable grounds for knowing or suspecting,
to be falsified.
Annotations
Textual amendments
- F1
Reg. 37 substituted (20.8.2013) by The Human Medicines (Amendment) Regulations 2013 (S.I. 2013/1855), regs. 1(1), 11
- F2
Words in reg. 37(2) inserted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), regs. 1, 28(1A) (as inserted by S.I. 2020/1488, reg. 1, Sch. 2 para. 18(a)); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Reg. 37(4)(b) substituted (31.12.2020) by S.I. 2019/775, regs. 1, 28(2) (as substituted by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1488), reg. 1, Sch. 2 para. 18(b))
- F4
Words in reg. 37(5)(b) 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), 15(a)
- F5
Words in reg. 37(5)(b) inserted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), regs. 1, 28(3) (as substituted by S.I. 2020/1488, reg. 1, Sch. 2 para. 18(c)); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Words in reg. 37(5)(b) substituted (1.1.2025) by The Human Medicines (Amendments relating to the Windsor Framework) Regulations 2024 (S.I. 2024/832), regs. 1(1), 15(b)
- F7
Word in reg. 37(6)(a) omitted (15.4.2022) by virtue of The Human Medicines (Amendments Relating to the Early Access to Medicines Scheme) Regulations 2022 (S.I. 2022/352), regs. 1(2), 5(2)(a) (with reg. 19)
- F8
Reg. 37(6)(aa) inserted (15.4.2022) by The Human Medicines (Amendments Relating to the Early Access to Medicines Scheme) Regulations 2022 (S.I. 2022/352), regs. 1(2), 5(2)(b) (with reg. 19)
- F9
Word in reg. 37(6)(aa) omitted (23.7.2025) by virtue of The Human Medicines (Amendment) (Modular Manufacture and Point of Care) Regulations 2025 (S.I. 2025/87), regs. 1(2), 13(2)(a)
- F10
Reg. 37(6)(ab)(ac) inserted (23.7.2025) by The Human Medicines (Amendment) (Modular Manufacture and Point of Care) Regulations 2025 (S.I. 2025/87), regs. 1(2), 13(2)(b)
- F11
Reg. 37(6)(b) substituted (31.12.2020) by S.I. 2019/775, regs. 1, 28(4) (as substituted by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1488), reg. 1, Sch. 2 para. 18(d))
- F12
Words in reg. 37(6)(b)(i) inserted (1.1.2022) by The Human Medicines (Amendment) (Supply to Northern Ireland) Regulations 2021 (S.I. 2021/1452), regs. 1(2), 8
- F13
Words in reg. 37(8) inserted (23.7.2025) by The Human Medicines (Amendment) (Modular Manufacture and Point of Care) Regulations 2025 (S.I. 2025/87), regs. 1(2), 13(3)
- F14
Words in reg. 37(9)(a) substituted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), regs. 1, 28(5); 2020 c. 1, Sch. 5 para. 1(1)
- F15
Words in reg. 37(10) inserted (15.4.2022) by The Human Medicines (Amendments Relating to the Early Access to Medicines Scheme) Regulations 2022 (S.I. 2022/352), regs. 1(2), 5(3) (with reg. 19)
- F16
Words in reg. 37(11) substituted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), regs. 1, 28(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F17
Word in reg. 37(11) inserted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), regs. 1, 28(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
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