Proposed amendments
254 amendments across 34 provisions
Clause 1 33
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“PART A1
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The appropriate authority may only make regulations under subsection (1) if satisfied that they would promote the health and safety of the public.”
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In making regulations under subsection (1), the appropriate authority must have regard to the desirability of—
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Regulations made under subsection (1) that introduce significant new policy or significant changes to existing policy are subject, in relation to regulations made by the Secretary of State, to the super-affirmative procedure set out in section (Super-affirmative procedure), in relation to regulations made by a Northern Ireland department, to section (Super-affirmative procedure: Northern Ireland), and, in relation to regulations of the Secretary of State and a Northern Ireland department acting jointly, to both.”
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The power under subsection (1) may not be exercised to—
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In making regulations under subsection (1), the appropriate authority’s overarching objective must be safeguarding public health.”
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In making regulations under subsection (1), the appropriate authority must have the objective of safeguarding public health by promoting the availability and supply of human medicines.”
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Regulations made under subsection (1) are subject, in relation to regulations made by the Secretary of State, to the super-affirmative procedure set out in section (Super-affirmative procedure), in relation to regulations made by a Northern Ireland department, to section (Super-affirmative procedure: Northern Ireland), and, in relation to regulations of the Secretary of State and a Northern Ireland department acting jointly, to both.”
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the protection of the environment;”
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carry out research relating to human medicines,
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the importance of prioritising the protection of human rights including citizens’ right to access medicines as part of the right to the highest attainable standard of physical and mental health as stated in the International Covenant on Economic, Social and Cultural Rights of 1966;
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Where regulations under subsection (1) may have an impact on the safety of human medicines, the appropriate authority may make the regulations only if the authority considers that the benefits of doing so outweigh the risks.”
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In making regulations under subsection (1), the appropriate authority must also have regard to the following as secondary considerations—”
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Before making regulations under subsection (1) that may have an impact on the safety of human medicines, the Secretary of State must publish the criteria the appropriate authority will use to determine whether the benefits of laying regulations outweigh the risks.
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the likelihood of the relevant part of the United Kingdom being seen as an attractive or favourable place in which to conduct clinical trials or supply human medicines.”
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maintaining or improving the attractiveness of the relevant part of the United Kingdom as a place in which to conduct clinical trials or supply or manufacture human medicines”
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the effect of the regulations on the ability of the National Health Service to meet the needs of patients;
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the environmental and social impact of such medicines, including their manufacturing.”
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citizens’ right to access medicines as part of the right to the highest attainable standard of physical and mental health as stated in the International Covenant on Economic, Social and Cultural Rights of 1966;
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In subsection (2), “attractiveness” means—
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In subsection (2)(c), “attractiveness” means the quality of being—
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In subsection (2)(c), “attractiveness” means favourability for—
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Clause 2 8
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the use of tissues or cells (within the meanings given by regulation 5(1) of the Human Tissue (Quality and Safety for Human Application) Regulations 2007 (S.I. 2007/1523)) in relation to human medicines.”
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the origin and treatment of human tissue used in the process of developing and manufacturing medicines.”
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the disposal of unused or waste medicines and the impact of medicines, or their derivates, entering the environment.”
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developing rapid provisional two-year licences.”
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Regulations under section 1(1) must make provision to enable the Medicines and Healthcare products Regulatory Agency to work with other regulators to minimise delay for the United Kingdom to get early access to new medicines.”
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“Innovative Medicines Fund
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“Hub and spoke framework
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Clause 3 5
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Within 6 months of this Act coming into force, the Secretary of State must—
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Clause 4 8
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to support the involvement of the United Kingdom in EU-wide clinical trials.”
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to develop a clinical trials portal that aligns with the European Medicines Agency for medicines for rare diseases.”
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about requirements to consider babies, children and young people in research about new medicines, in a manner similar to the EU Paediatric Regulation.”
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Regulations must be made under section 1(1) to require reporting on antimicrobial resistance in the microbiota of subjects during receipt of the drug in clinical trials and during the follow-up period.”
Clause 5 4
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Regulations under section 1(1) may not provide for an offence to be punishable with a sentence of imprisonment of more than two years.”
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The Secretary of State must publish a fees regime in relation to subsection (1)(a) within three months of the date on which this Act is passed.”
Clause 6 7
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“Entitlement of a doctor to prescribe medicinal cannabis products
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“Strategy for tackling vaccination disinformation
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“Disclosure of information in accordance with international agreements
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“Extending prescribing rights
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“Requirement for consolidated legislation: human medicines
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Clause 7 10
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Where information is disclosed in accordance with subsection (2) such disclosure will only be permitted where—
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Nothing in this section authorises a disclosure of patient information without the consent of the individual to whom that information relates.”
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In this section, “consent” means that an individual has given notice of their willingness for an appropriate authority to disclose patient information relating them.”
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This section does not limit the circumstances in which information may be disclosed under any other enactment or rule of law.”
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““patient information” means information (however recorded) which—
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““relevant person” means—
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“Requirement for draft consolidated legislation: human medicines
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Clause 8 11
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The appropriate authority may only make regulations under subsection (1) if satisfied that they would promote one or more of the following—
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The power under subsection (1) may not be exercised to—
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Regulations made under subsection (1) are subject, in relation to regulations made by the Secretary of State, to the super-affirmative procedure set out in section (Super-affirmative procedure), in relation to regulations made by a Northern Ireland department, to section (Super-affirmative procedure: Northern Ireland), and, in relation to regulations of the Secretary of State and a Northern Ireland department acting jointly, to both.”
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the likelihood of the relevant part of the United Kingdom being seen as an attractive or favourable place in which to develop or supply veterinary medicines.”
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maintaining or improving the attractiveness of the relevant part of the United Kingdom as a place in which to conduct clinical trials or supply or manufacture veterinary medicines.”
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the welfare of animals which will be treated by veterinary medicines.”
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In subsection (2), “attractiveness” means—
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In subsection (2)(c), “attractiveness” means the quality of being—
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Clause 9 9
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Regulations made under subsection (1) that introduce significant new policy or significant changes to existing policy are subject, in relation to regulations made by the Secretary of State, to the super-affirmative procedure set out in section (Super-affirmative procedure), in relation to regulations made by a Northern Ireland department, to section (Super-affirmative procedure: Northern Ireland), and, in relation to regulations of the Secretary of State and a Northern Ireland department acting jointly, to both.”
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develop veterinary medicines, or
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Where regulations under subsection (1) may have an impact on the safety of veterinary medicines, the appropriate authority may make the regulations only if the authority considers that the benefits of doing so outweigh the risks.”
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Before making regulations under subsection (1) that may have an impact on the safety of veterinary medicines, the Secretary of State must publish the criteria the appropriate authority will use to determine whether the benefits of laying regulations outweigh the risks.
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The Secretary of State must by regulations make provision about the use of the Cascade.”
Clause 10 5
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Regulations under section 8(1) may not provide for an offence to be punishable with a sentence of imprisonment of more than two years.”
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“Disclosure of information in accordance with international agreements
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“Requirement for consolidated legislation: veterinary medicines
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Clause 11 2
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“Review of the impact of this Act on veterinary medicines
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“Veterinary devices
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Clause 12 21
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Where information is disclosed in accordance with subsection (2) such disclosure will only be permitted where—
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This section does not limit the circumstances in which information may be disclosed under any other enactment or rule of law.”
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““relevant person” means—
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“Requirement for draft consolidated legislation: veterinary medicines
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The Secretary of State may only make regulations under subsection (1) if satisfied that they would promote the health and safety of the public.”
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The power under subsection (1) may not be exercised to—
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In making regulations under subsection (1), the Secretary of State must have the objective to safeguard public health through the supply of medical devices.”
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Regulations made under subsection (1) are subject, in relation to regulations made by the Secretary of State, to the super-affirmative procedure set out in section (Super-affirmative procedure), in relation to regulations made by a Northern Ireland department, to section (Super-affirmative procedure: Northern Ireland), and, in relation to regulations of the Secretary of State and a Northern Ireland department acting jointly, to both.”
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In making regulations under subsection (1), the appropriate authority must also have regard to the following as secondary considerations—”
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the likelihood of the United Kingdom being seen as an attractive or favourable place in which to develop or supply medical devices.”
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maintaining or improving the attractiveness of the relevant part of the United Kingdom as a place in which to conduct clinical trials or supply or manufacture medical devices.”
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the effect of the regulations on the ability of the National Health Service to meet the needs of patients;
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the environmental and social impact of medical devices.”
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In subsection (2), “attractiveness” means—
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In subsection (2), “attractiveness” means the quality of being—
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Within 12 months of this section coming into force, the Secretary of State must initiate a comprehensive technical review of the definition of “medical device” under the Medical Devices Regulations 2002 with a view to addressing the inclusion of artificial intelligence software and algorithms including methodologies for the interpretation of data and associated technical architecture in medical devices.”
Clause 13 8
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requirements about notification and reporting requirements in relation to clinical investigations undertaken to assess the safety or performance of a device,”
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requirements that, in accordance with any recommendation of the National Institute for Health and Care Excellence, the National Health Service should make a medical device available for use within a specified period,”
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notification and reporting requirements for medical device clinical investigations.”
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The provision mentioned in subsection (1)(b) may include provision for the development of a rapid provisional 2-year licensing procedure.”
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Regulations must be made under section 12(1) to require re-usable medical devices to be designed to facilitate decontamination, and manufacturers of re-usable medical devices to provide advice on the decontamination of their products in line with standard decontamination practice.”
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“Innovative Medical Devices Fund
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Clause 14 10
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Regulations made under subsection (1) that introduce significant new policy or significant changes to existing policy are subject, in relation to regulations made by the Secretary of State, to the super-affirmative procedure set out in section (Super-affirmative procedure), in relation to regulations made by a Northern Ireland department, to section (Super-affirmative procedure: Northern Ireland), and, in relation to regulations of the Secretary of State and a Northern Ireland department acting jointly, to both.”
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In making regulations under subsection (1), the Secretary of State’s overarching objective must be safeguarding public health.”
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carry out research relating to medical devices,
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Where regulations under subsection (1) may have an impact on the safety of medical devices, the Secretary of State may make the regulations only if the Secretary of State considers that the benefits of doing so outweigh the risks.”
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Before making regulations under subsection (1) that may have an impact on the safety of medical devices, the Secretary of State must publish the criteria the appropriate authority will use to determine whether the benefits of laying regulations outweigh the risks.
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Clause 15 3
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“Requirement to make regulations concerning medicinal cannabis and associated devices
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Clause 16 14
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provisional licences granted for new devices before they are placed on the market to inform the decision whether to grant final marketing authorisation under a full licence.”
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Regulations made under subsection (1) are subject, in relation to regulations made by the Secretary of State, to the super-affirmative procedure set out in section (Super-affirmative procedure), in relation to regulations made by a Northern Ireland department, to section (Super-affirmative procedure: Northern Ireland), and, in relation to regulations of the Secretary of State and a Northern Ireland department acting jointly, to both.”
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requiring that, subject to patient consent, information about any medical device implanted in the human body is entered and retained in an information system established under subsection (1);
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establishing a mechanism for patients to enter reports of their experience following the use of any medical device in their treatment, to be retained in any relevant information system established under subsection (1).”
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specifying how the work of the Information Centre will be overseen by the devolved administrations (or agencies accountable to them) in Scotland, Wales and Northern Ireland.”
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The Secretary of State must by regulations set out the categories or types of information held by the Information Centre or other persons that are subject to the consent of the patient to whom the information relates.”
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In making regulations under subsection (1), and in the use of information provided by virtue of this section, the Secretary of State must have regard to the Caldicott principles, as set out in the Report on the Review of Patient-Identifiable Information, published in 1997, and the Information Governance Review, published in 2013.”
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“Requirement for consultation with devolved authorities
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“Annual report on Medical Devices Information Systems
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“Introduction of registries for patient safety
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Clause 17 1
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Clause 18 5
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Regulations made under subsection (1) that introduce significant new policy or significant changes to existing policy are subject, in relation to regulations made by the Secretary of State, to the super-affirmative procedure set out in section (Super-affirmative procedure), in relation to regulations made by a Northern Ireland department, to section (Super-affirmative procedure: Northern Ireland), and, in relation to regulations of the Secretary of State and a Northern Ireland department acting jointly, to both.”
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“Advisory committee
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Clause 21 1
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Clause 35 4
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The Secretary of State must disclose information for the purpose of warning the public about concerns relating to a medical device where there is a clear threat to public safety.”
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The Secretary of State may disclose information to a person outside the United Kingdom where required for the purpose of giving effect to an international agreement or arrangement concerning the regulation of medical devices.”
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Clause 37 13
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But subsection (5) does not authorise a disclosure of patient information without the consent of the individual to whom that information relates.”
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Where information is disclosed in accordance with subsection (5) such disclosure will only be permitted where—
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This section does not limit the circumstances in which information may be disclosed under any other enactment or rule of law.”
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““patient information” means information (however recorded) which—
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““relevant person” means—
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In regulation 2 (interpretation), in paragraph (1) in the definition of “medical device”, after “software” insert “and algorithms including methodologies for the interpretation of data, and associated technical architecture,”.”
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“Requirement for consolidated legislation: medical devices
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“Requirement for draft consolidated legislation
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Clause 38 9
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“Independent Patient Safety Commissioner
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“International trade agreements
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“Northern Ireland and regulatory divergence
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“Northern Ireland and regulatory divergence
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“Independent medicines and medical devices safety review: task force for implementation
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“Medicines and Medical Devices Redress Agency
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“Redress schemes
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“Availability of medicines and medical devices for human use on the National Health Service
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“Future regulatory alignment
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Clause 39 1
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“Requirement for draft consolidated legislation: medical devices
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Clause 40 5
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“Independent Patient Safety Commissioner
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“Availability of medicines and medical devices for human use on the National Health Service
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“Medicines and Medical Devices Redress Agency
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“Redress schemes
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“Northern Ireland and regulatory divergence
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Clause 41 9
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This section applies to regulations under a power in Part A1, 1, 2 or 3, apart from regulations under paragraph 9 of Schedule 1.”
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In relation to proposed regulations under section 16(1), the Secretary of State must specifically consult—
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healthcare organisations;
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representatives of the relevant patient groups,
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“Reporting requirements
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“Duty to consult devolved administrations
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Clause 42 12
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The procedure for making regulations under Part 1, 2 or 3 is to be determined in accordance with this table and subsection (4)—
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Subject to subsection (11), regulations of a Northern Ireland department acting alone under section 1(1) or 8(1) may not be made unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.
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“Expiry of powers
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“Time limits on delegated powers
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“Expiry of powers
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“Made affirmative procedure
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“Super-affirmative procedure
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“Super-affirmative procedure: Northern Ireland
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Clause 43 3
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Clause 44 12
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In preparing a report, the relevant authority must consult—
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In this section—
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“Commencement
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Clause 45 8
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“Super-affirmative procedure
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“Super-affirmative procedure: Northern Ireland
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Clause 47 3
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section 5(4),”
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Part A1,”
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Clause 52 6
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Schedule 1 2
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“SCHEDULE A1
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Schedule 2 1
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In respect of an offence under this regulation—
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