(1) These regulations may be cited as the Medicines (Advertising of Medicinal Products) (No. 2) Regulations 1975 and shall come into operation on 8th September 1975.
(2) In these regulations, unless the context otherwise requires—
“ the Act ” means the Medicines Act 1968;
“ data sheet ” has the meaning assigned to it in section 96(6) of the Act;
“ medicinal product ” includes any substance or article specified in the Medicines (Surgical Materials) Order 1971 , in the Medicines (Dental Filling Substances) Order 1975 or in any other order made under section 104 or 105 of the Act subsequent to the coming into force of these regulations by virtue of which section 96 of the Act has effect in relation to such substance or article as that section has effect in relation to medicinal products within the meaning of the Act;
“ professional publication ” means a publication sent or delivered wholly or mainly to doctors or dentists, a publication containing an advertisement relating to a medicinal product which may only lawfully be sold by retail or supplied in circumstances corresponding to retail sale in accordance with a prescription given by a practitioner, or a publication containing an advertisement relating to a medicinal product in respect of which a data sheet has been issued;
“ reference advertisement ” means an advertisement which is in the form of, and limited to, a brief description of a medicinal product, its uses and any contra-indications and warnings relating thereto appearing without charge in a publication consisting wholly or mainly of such advertisements where the publication is sent or delivered to practitioners or pharmacists by a person who is not a commercially interested party;
“ relevant practitioner ” means a doctor, where the medicinal product is for use exclusively by or under the direction of a doctor, or a dentist, where the medicinal product is for use exclusively by or under the direction of a dentist, or a doctor or dentist, where the medicinal product is not for either exclusive use as aforesaid;
“ trade advertisement ” means an advertisement relating to a medicinal product issued by means of a catalogue, price list or other document for the purpose of the sale (whether by the person who manufactures it or otherwise) of that medicinal product to persons who buy such product for one or more of the purposes specified in section 131(2) of the Act (wholesale) where such catalogue, price list or document does not contain any recommendation relating to the use of the medicinal product other than as part of the name of the medicinal product or as part of any heading or sub-heading indicating a therapeutic classification;
and other expressions have the same meanings as in the Act, and as in Part VI of the Act.
(3) Except in so far as the context otherwise requires, any reference in these regulations to any provision of any enactment or instrument shall be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which may re-enact or replace it.
(4) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.