HL Deb 22 October 1968 vol 296 cc1454-5

[No. 10]

After Clause 37, insert the following new clause:

Extension of s. 7 to certain special circumstances

".—(1) Where in the course of a business carried on by him a person sells or exports a substance or article for use wholly or vainly in either or both of the ways specified n section 117(1) of this Act, and the substance or article, not having been—

  1. (a) manufactured or imported for such use, or
  2. (b) previously sold or supplied for such use,
does not constitute a medicinal product before that person so sells or exports it, then (subject to subsection (2) of this section) subsect on (2) of section 7 of this Act, if apart fro n this subsection it would not so have effect. shall have effect in relation to the sale, or exportation of the substance or article as if him were selling or exporting it in circumstances to which that subsection applies.

(2) Subsection (1) of this section shell not have effect in relation to a person selling a substance or article by retail in the course of a business carried on by him unless the course of that business the substance or article has been assembled for the purpose of being sold by him.

(3) In any reference in this Part of this Act to the provisions of, or the restrictions imposed by, section 7 of this Act, the reference to that section shall be construed as including a reference to subsection (2) of that section as extended by the preceding subsections.

(4) Where in the course of a business carried on by him a person proposes to sell or export a substance or article for use as mentioned in subsection (I) of this section, where the substance or article will not constitute a me licinal product before he so sells or exports it and he will not be selling or exporting it n circumstances to which section 7(2) of this Act applies, he may, if he so desires, apply for a product licence in respect of that substance or article, and the licensing authority (subject to the provisions of sections 19 to 22 of this Act) may grant to him a product lice ice in respect of it, as if he were proposing to sell or export it in circumstances to which section 7(2) of this Act applies; and a product licence so granted may be renewed, suspended, revoked or varied accordingly.

(5) In subsection (2) of this section the reference to assembling a substance or article in the course of a business carried on by a person is a reference to doing in the course of that business anything which (in accordance with section 118(1) of this Act) would constitute assembling it if it had been a me licinal product when sold or supplied to him"

The Commons agreed to this Amendment, but proposed the following Amendments thereto:

[Nos. 11–20]

Line 2, after "sells" insert", supplies"

Line 8, after "sells" insert", supplies"

Line 11, after "sale" insert", supply"

Line 12, after "selling" insert", supplying"

Line 15, leave out from first "a" to "unless" in line 16 and insert" transaction whereby a person, in the course of a business carried on by him, sells a substance or article by retail or supplies a substance or article in circumstances corresponding to retail sale".

Line 18, after "sold" insert" or supplied"

Line 25, after "sell" insert", supply"

Line 28, after "sells" insert", supplies"

Line 28, after "selling" insert", supplying"

Line 33, after "sell" insert", supply"