The Medicines (Products for Human Use-Fees) Regulations 2008
S.I. 2008/552 · Made 28 February 2008
Medicines
Fees And Charges
Consumer Protection
Made 28th February 2008
Laid before Parliament 7th March 2008
Coming into force 1st April 2008
The Secretary of State for Health, the Minister for Health, Social Services and Public Safety and the Minister for Agriculture and Rural Development, acting jointly, make the following Regulations in exercise of the powers conferred on them by section 1(1) and (2) of the Medicines Act 1971f1 or, in the case of the Ministers, the powers conferred by those provisions and now vested in themf2.
In so far as these Regulations are not made under section 1(1) and (2) of the Medicines Act 1971, the Secretary of State makes these Regulations in exercise of the powers conferred on him by section 2(2) of the European Communities Act 1972f3 and section 56(1) and (2) of the Finance Act 1973f4. The Secretary of State has been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to medicinal productsf5.
The Treasury has consented to the making of these Regulations as required by section 1(1) of the Medicines Act 1971 and section 56(1) of the Finance Act 1973.
In accordance with section 129(6) of the Medicines Act 1968f6, the Secretary of State for Health, the Department of Health, Social Services and Public Safety Development have consulted with such organisations as appear to them to be representative of interests likely to be substantially affected by these Regulations.
Annotations to the whole text
Footnotes
- f1
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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 used in that section have the same meaning as in the Medicines Act 1968 (c.67); see therefore section 1(1) of the 1968 Act, as amended by article 2(2) of, and Schedule 1 to, S.I. 1969/388, by article 5 of, and the Schedule to, S.I. 1999/3142, by article 5(1) of, and paragraph 15 of Schedule 1 to, S.I. 2002/794 and by regulation 44 of, and Schedule 8 to, S.I. 2006/2407, which contains a definition of the expression “the Ministers”, which is relevant to the powers being exercised in the making of these Regulations. See also regulation 9(12) of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 (S.I. 1994/3144), by virtue of which the references in section 1(1) and (2)(b) of the 1971 Act to an application for a licence or for the variation or renewal of such a licence under Part II of the 1968 Act include reference to an application for a marketing authorization under the 1994 Regulations or for the variation or renewal of such an authorization.
- f2
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In the case of the Secretary of State, by virtue of article 2(1) of S.I. 1999/3142 and article 3(7) of S.I. 2002/794. In the case of the Minister for Health, Social Services and Public Safety and the Minister for Agriculture and Rural Development, by virtue of section 95(5) of, and paragraph 10 of Schedule 12 to, the Northern Ireland Act 1998 (c.47); the Departments for which the Ministers are responsible were renamed by virtue of Article 3(4) and (6) of S.I. 1999/283 (N.I. 1).
- f3
- f4
- f5
- f6
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C.67; section 129(6) was extended by section 1(3)(b) of the Medicines Act 1971.
Contents
- Part 1: General
- 1Citation and commencement
- 2Interpretation
- Part 2: Capital Fees for Pre-Application Meetings
- 3Interpretation of Part 2
- 4Fee for scientific advice: application for or variation to EC marketing authorization
- 5Fee for scientific advice: classification of a medicinal product
- 6Fee for advertising advice
- 7Fee for pharmacovigilance advice
- 8Fee for advice on labelling or leaflets
- 9Fee for regulatory advice
- 10Fee for advice for other purposes
- 11Time for payment of fees under regulations 4 to 10
- Part 3: Capital Fees for Applications for Authorizations, Registrations, Licences, Certificates or Authorisations and for Associated Inspections
- 12Fees for applications for authorizations, licences or certificates, etc
- 13Fee for applications for copy certificates of good manufacturing practice
- 14Fees for applications for certificates and copy certificates by exporters of medicinal products
- Part 4: Capital Fees for Assistance in Obtaining Marketing Authorizations in Other EEA States
- 15Meaning of “set of applications”
- 16Fees for applications for regulatory assistance under the mutual recognition procedure
- 17Time for payment of fees under regulation 16
- Part 5: Capital Fees for Applications for Variations of Authorizations, Registrations, Licences and Certificates and for Associated Inspections
- 18Fees for variations of authorizations, registrations, licences and authorisations
- 19Fees for amendments to clinical trial authorisations
- 20Applications for multiple variations
- Part 6: Capital Fees for Assessment of Labels and Leaflets
- 21Meaning of “set of proposed changes”
- 22Fees for assessment of a set of proposed changes to labels and leaflets
- 23Time for payment of fees under regulation 22
- Part 7: Capital Fees for Applications for Renewals of Certain Manufacturer’s Licences and for Associated Inspections
- 24Fees for renewals of certain manufacturer’s licences
- 25Fees for renewals in terms which are not identical to the existing authorization, licence or certificate
- Part 8: Capital Fees for Regulatory Assistance Given by the United Kingdom Acting as Reference Member State Relating to the Assessment of Applications for the Renewal of Specified Marketing Authorizations
- 26Fees for regulatory assistance for certain marketing authorizations
- Part 9: Capital Fees for Inspections
- 27Fees for inspections
- 28Payer of inspection fee (contract laboratories and API manufacturing sites)
- 29Inspections in connection with multiple applications.
- 30Fees for inspections relating to good clinical practice in clinical trials
- Part 10: Periodic Fees for Marketing Authorizations and Licences
- 31Periodic fees
- 32Periodic fees for clinical trial authorisations
- Part 11: Capital Fees For Application For Membership of Good Clinical Practice Accreditation Scheme and for Certificate of Membership
- 33Meaning of “good clinical practice accreditation” scheme
- 34Fees for applications for membership and certificate
- Part 12: Capital Fees for Persons Appointed Hearing
- 35Fees for persons appointed hearing
- 36Time for payment under regulation 35
- Part 13: Administration
- 37Payment of fees to Ministers
- 38Time for payment of capital fees in connection with applications or inspections
- 39Time for payment of capital fees – applications made by small companies
- 40Time for payment of periodic fees
- 41Penalty fees for late payment of periodic fees
- 42Daily penalty fees for late payment of periodic fees
- 43Refund or waiver of fees under regulation 41 or 42
- 44Adjustment, waiver, reduction or refund of fees
- 45Suspension of licences and certificates
- 46Civil proceedings to recover unpaid fees
- Part 14
- 47Amendment of the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994
- Part 15: Revocationand Savings
- 48Revocation and savings
- Signature
- Schedule 1: CAPITAL FEES FOR APPLICATIONS FOR, AND VARIATIONS TO, MARKETING AUTHORIZATIONS, LICENCES AND CERTIFICATES
- Part 1: Interpretation
- 1Paragraph 1
- Part 2: Capital Fees for Applications for Authorizations, Licences and Certificates
- 2Marketing authorizations
- 3Fees where application includes reclassification
- 4Fees where person holds clinical trial certificate
- 5Joint development
- 6Applications for multiple authorisations
- 7Authorisation for a national homoeopathic product
- 8Manufacturer’s licences and authorisations
- 9Wholesale dealer’s licences
- 10Clinical trial authorisations
- 11Traditional herbal registrations
- Part 3: Capital Fees for Assistance in Obtaining Marketing Authorizations in Other EEA States
- 12Interpretation
- 13Outgoing mutual recognition applications
- Part 4: Capital Fees for Applications for Variations of Authorizations, Licences and Registrations
- 14Interpretation
- 15Marketing authorizations
- 16Variation of marketing authorizations
- 17Reclassification of marketing authorizations
- 18Variation of marketing authorization: natural homoeopathic products
- 19Variation of parallel import licence
- 20Manufacturer’s authorisations and licences
- 21Variation of manufacturer’s authorisations and licences
- 22Wholesale dealer’s licences
- 23Variation of wholesale dealer’s licence
- 24Clinical trial authorisations
- 25Traditional herbal registrations
- 26Identical variations
- 27Complex Variation Applications
- 28Multiple reclassification variation applications
- Part 5: Capital Fees for Assessment of Labels and Leaflets
- 29Interpretation
- 30Single set of changes
- 31More than one set of charges purposed
- Part 6: Capital Fees for Regulatory Assistance Given by the United Kingdom Acting as Reference Member State Relating to the Assessment of Applications for the Renewal of Specified Marketing Authorizations
- 32Regulatory assistance
- 33Regulatory assistance – same manufacturer
- Schedule 2: FEES FOR INSPECTIONS
- 1Paragraph 1
- 2Fees: general
- 3Third country traditional herbal medicinal products
- 4Sites concerned with starting materials for traditional herbal medicinal products
- 5Wholesale dealer’s licence: general
- 6Wholesale dealer’s licence: third country traditional herbal medicinal products
- 7Wholesale dealer’s licences: inspection of short duration
- Schedule 3: PERIODIC FEES FOR LICENCES
- Part 1: Interpretation
- 1Paragraph 1
- Part 2: Calculation of Turnover
- 2Calculation of turnover
- 3Manufacturer’s prices
- 4Evidence of turnover
- Part 3: Periodic Fees for Marketing Authorizations and Licences
- 5Marketing authorizations
- 6Marketing authorization: where Part 2 of Act applies
- 7Marketing authorization: derivatives
- 8Number of fee periods
- 9Authorisation for two or more kinds of medicinal product
- 10Reduced fees
- 11Manufacturer’s licences or manufacturing authorisations
- 12Wholesale dealer’s licences
- 13Wholesale dealer’s licences: evidence
- 14Wholesale dealer licences: exempt imported products
- 15Additional amount for manufacturer’s licences and wholesale dealer’s licences which relate to exempt imported products
- 16Clinical trial authorisations
- 17Traditional herbal registrations
- Part 4: Types of Marketing Authorization for which only One Periodic Fee is Payable
- 18Specified parallel import licences
- Schedule 4: Time for Payment of Capital Fees
- 1Application by or on behalf of a small company
- 2Major application
- 3Complex application
- 4Multiple applications
- 5Outgoing mutual recognition applications
- 6Application for traditional herbal registration
- 7Traditional herbal registration: complex variation
- 8Application for manufacturer’s licence, manufacturing authorisation or wholesale dealer’s licence
- 9Inspection fees in connection with applications
- Schedule 5: WAIVER, REDUCTION OR REFUND OF CAPITAL FEES
- 1Interruptions of manufacture, assembly, sale or supply
- 2Reclassification
- 3Traditional herbal registration
- 4Withdrawal of application in relation to marketing authorization, traditional herbal registration or clinical trial authorisation
- 5Withdrawal of application in relation to manufacturing authorisation, wholesale dealer’s or manufacturer’s licence
- 6Refusal of application for grant of marketing authorization, traditional herbal registration or clinical trial authorisation
- 7Parallel import licence
- 8Surrender of marketing authorization at same time as a variation application
- 9Clinical trial authorisation
- 10Scientific advice: paediatric indications
- Schedule 6: ADJUSTMENT, REDUCTION OR REFUND OF PERIODIC FEES
- 1Refund on surrender or revocation of authorization, registration or licence
- 2Adjustment and refund: licences relating to exempt imported products
- 3Refunds: treated as having been paid on account
- Schedule 7REVOCATION SCHEDULE
- Explanatory note