PART 5Amendment of Part 5 (marketing authorisations)

Amendment of regulation 61 (conditions of UK marketing authorisation)I168

1

Regulation 61 is amended as follows.

2

For paragraph (4), substitute—

4

The obligation in this paragraph is—

a

to conduct a post-authorisation safety study; or

b

F3in relation to a UKMA(GB), to comply with such other conditions or restrictions as the licensing authority considers essential for the safe and effective use of the medicinal product.

F12A

In paragraph (6), after “one medicinal product” insert “authorised by a UKMA(NI) or UKMA(UK)”.

F43

After paragraph (6) insert—

6A

If concerns as described in paragraph (2) apply to more than one medicinal product authorised by a UKMA(GB), the licensing authority—

a

must, where the obligation is to conduct a post-authorisation safety study, encourage the UK marketing authorisation holders concerned to conduct a joint study, and

b

may, where the obligation is to comply with any other conditions or restrictions, encourage the UK marketing authorisation holders concerned to take co-ordinated action to comply with the conditions or restrictions.

F23A

In paragraph (7) for “The obligation under paragraph (5) shall” substitute “In relation to a UKMA(NI) or UKMA(UK), the obligation under paragraph (5) must”.

F54

After paragraph (7) insert—

7A

In relation to a UKMA(GB), the obligation under paragraph (5) must—

a

be based on the delegated acts adopted pursuant to Article 22b of the 2001 Directive; and

b

take into account the scientific guidance that applies under regulation 205B in relation to post-authorisation efficacy studies.

7B

The Secretary of State may by regulations make provision in respect of Great Britain specifying the situations in which post-authorisation efficacy studies may be required by virtue of the obligation under paragraph (5).

7C

Paragraph (7A)(a) ceases to apply on the coming into force of regulations made under paragraph (7B).

F65

In paragraph (13), after “notify the EMA” insert “, in relation to a UKMA(NI) or UKMA(UK),”.