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Lords Amendment No. 100: In page 88, line 24, at end insert new Clause "I":
I.—(1) In this section 'specified publication' means any of the following, that is to say—
(2) Where any licence granted or certificate issued under Part II of this Act refers to a specified publication, but not to a particular edition of that publication, then, for the purpose of determining whether anything done, at a time when the licence or certificate is in force, is done in accordance with the licence or certificate, the reference shall, unless the licence or certificate otherwise expressly pro vides, be construed as a reference to the current edition of that publication as in force at that time.
(3) Where under any enactment other than this Act (whether passed before or after the passing of this Act) there is power to make any regulations, rules, order, list or other
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instrument which is to have effect by virtue of, or for the purposes of, that enactment, and an instrument made in the exercise of that power—
the power to make the instrument may (unless, in the case of an enactment passed after this Act, the enactment otherwise expressly provides) be exercised so as to refer to the current edition of a specified publication as in force at such time (whether before, at or after the time when the instrument is made) as may be specified in, or determined in accordance with, the instrument.(4) Where any such power as is mentioned in subsection (3) of this section (in this subsection referred to as ' the primary power') includes power to vary instruments made in the exercise of the primary power, subsection (3) of this section shall have effect in relation to any exercise of the power to vary any such instrument (whether the instrument was made before, or is made after, the passing of this Act) as it has effect in relation to any exercise of the primary power.
(5) In this section any reference to the current edition of a specified publication as in force at a particular time is a reference to the edition of that publication in force at that time together with any amendments, additions and deletions made to it up to that time; and any reference to making an instrument in the exercise of a power conferred by an enactment shall be construed as including a reference to issuing or approving such an instrument.
§ Mr. SnowI beg to move, That this House cloth agree with the Lords in the said Amendment.
The main purpose of this new Clause is to enable references in instruments made under statute to the current editions of the British Pharmacopaeia and other publications specified in subsection (1) to be construed as references to the editions current at the time of the matter in question unless the instruments expressly state otherwise. This arises from an objection made in the House of Commons in 1964 in a Report by the Select Committee on Statutory Instruments that power enabling instruments to bear such an interpretation could not be assumed by a Minister unless it was specifically authorised by statute. Now that statutory recognition is given under Clause 58 to current monographs of the British Pharmacopaeia, the British Pharmaceutical Codex and other publications 810 referred to in Part VII of the Bill, it is appropriate to provide such authority. Similar provision is made with regard to licences and certificates issued under the Bill.
§ Question put and agreed to.
§ Subsequent Lords Amendment agreed to.