Title, commencement and interpretation

1.-(1) This Order may be cited as the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) (Amendment) (No. 2) Order 1988 and shall come into force on 1st January 1989.

(2) In this Order "the principal Order" means the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) Order 1985(3).

Amendment of the principal Order

2. The principal Order shall be amended in accordance with articles 3 to 7 below.

3. In article 3 (exemption for merchants in veterinary drugs)-

(a)in paragraph (11)(a) there shall be substituted for the amount "£130.00" the amount "£150.00";

(b)in paragraph (11)(b) there shall be substituted for the amount "£91.00" the amount "£99.00";

(c)in paragraph (12)(b) there shall be inserted after the date "30th October 1984" the words ", as amended on 22nd November 1988,";

(d)after paragraph (14) there shall be inserted the following paragraph-

"(14A) The Society or the Department shall refuse to retain in the Society's register or the Department's register (as the case may be) the name of any person in respect of any premises if his name is already entered in the register on 1st January 1989 unless that person gives to the Society or the Department (as the case may be) on or before 31st January 1989 a new undertaking in writing that he will comply with the provisions of the code of practice referred to in paragraph (12)(b) above, and that undertaking shall supersede the undertaking previously given by him pursuant to that paragraph.";

(e)after paragraph (15) there shall be inserted the following paragraph-

"(15A) The Society or the Department shall refuse to restore to the Society's register or the Department's register (as the case may be) the name of any person in respect of any premises if his name has been removed from the register before 1st January 1989 unless that person has given to the Society or the Department (as the case may be) a new undertaking in writing that he will comply with the provisions of the code of practice referred to in paragraph (12)(b) above, and that undertaking shall supersede the undertaking previously given by him pursuant to that paragraph.".

4. In article 5 (exemptions for merchants in horse wormers)-

(a)in paragraph (11)(b) there shall be inserted after the date "October 1985" the words ", as amended on 22nd November 1988,";

(b)after paragraph (13) there shall be inserted the following paragraph-

"(13A) The Society or the Department shall refuse to retain in the register kept by the Society or the Department (as the case may be) under paragraph (6) above the name of any person in respect of any premises if his name is already entered in the register on 1st January 1989 unless that person gives to the Society or the Department (as the case may be) a new undertaking in writing that he will comply with the provisions of the code of practice referred to in paragraph (11)(b) above, and that undertaking shall supersede the undertaking previously given by him pursuant to that paragraph.";

(c)after paragraph (14) there shall be inserted the following paragraph-

"(14A) The Society or the Department shall refuse to restore to the register kept by the Society or the Department (as the case may be) under paragraph (6) above the name of any person in respect of any premises if his name has been removed from the register before 1st January 1989 unless that person has given to the Society or the Department (as the case may be) a new undertaking in writing that he will comply with the provisions of the code of practice referred to in paragraph (11)(b) above, and that undertaking shall supersede the undertaking previously given by him pursuant to that paragraph.".

5. For Part B of Schedule 1 (veterinary drugs sold by merchants) there shall be substituted the provisions set out in Schedule 1 to this Order.

6. For Part B of Schedule 2 (veterinary drugs for incorporation in animal feeding stuffs) there shall be substituted the provisions set out in Schedule 2 to this Order.

7. In Schedule 4 (horse wormers) there shall be omitted-

(a)the entry "PL 0003/4127 Systamex Paste 18.5% Horse and Pony Wormer";

(b)the product licence number "PL 0829/4058" in the entry relating to Telmin.

Article 5

SCHEDULE 1CONTAINING NEW PART B OF SCHEDULE 1 TO THE PRINCIPAL ORDER

Article 3

"SCHEDULE 1

PART Bveterinary drugs(4)

Article 6

SCHEDULE 2CONTAINING NEW PART B OF SCHEDULE 2 TO THE PRINCIPAL ORDER

Article 4

"SCHEDULE 2

PART Bveterinary drugs(6)

Explanatory Note

(This note is not part of the Order)

This Order further amends the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) Order 1985 ("the 1985 Order") which provides for exemptions from the restrictions imposed by section 52 of the Medicines Act 1968.

The Order increases fees payable by a merchant in veterinary drugs in respect of each premises for the entry of his name in the relevant register from £130 to £150 and for the retention of his name in that register from £91 to £99 (article 3(a) and (b)).

The Order updates references in the 1985 Order to the Code of Practice for Merchants Selling or Supplying Veterinary Drugs and the Code of Practice for Saddlers Selling or Supplying Horse Wormers (articles 3(c) and 4(a)). Persons whose names are already entered in the relevant register of merchants in veterinary drugs or in horse wormers on 1st January 1989, or whose names have been removed from the register before that date, must undertake to comply with the provisions of the relevant amended code if their names are to be retained in, or restored to, the register (articles 3(d) and (e) and 4(b) and (c)).

Updated provisions are substituted for Part B of Schedule 1 (veterinary drugs sold by merchants) and Part B of Schedule 2 (veterinary drugs for incorporation in animal feeding stuffs) to the 1985 Order (articles 5 and 6 and Schedules). The items shown in italics in the new provisions have been inserted whilst other items have been deleted. The Order also makes minor amendments to the list of products in Schedule 4 (horse wormers) (article 7).