HC Deb 05 May 1999 vol 330 cc418-9W
Mr. Robert Jackson

To ask the Secretary of State for Health by what procedure a substantive issue could be brought before the courts by(a) the Licensing Authority, (b) the advertiser and (c) other parties once a determination had been made and a notice issued to cease advertising under Schedule 13 of the Medicines (Advertising and Monitoring) Amendment Regulations 1999 (SI 267). [82824]

Ms Jowell

Where a determination has been made and a notice issued to an advertiser to refrain from publishing an advertisement, but the advertiser fails to comply with the notice, the Medicines Control Agency, on behalf of Health Ministers, may prosecute him under paragraph 7 of the Schedule for failure to comply with the notice. The MCA may also apply to the courts for an injunction under regulation 6 of the Monitoring Regulations. The advertiser, or any party who can demonstrate to the courts that he has a legitimate interest, may apply under Order 53 of Schedule 1 to the Civil Procedure Rules 1998 for judicial review of decisions made at any stage of the procedure laid down in the Schedule to the Monitoring Regulations. Parties may also seek a declaration from the High Court that an action of theirs is lawful under Order 15 rule 16 of Schedule 1 to the Civil Procedure Rules.