Friday 10th May 2019
This is an application for permission to appeal the Order of Mr Justice Supperstone dated the 29 March 2019 that refused a renewed application for permission to challenge the making of regulation 9 of the Human Medicines (Amendment) Regulations 2019.
Regulation 9 amends the Human Medicines Regulations 2012 by the insertion of a new regulation 226A. Regulation 226A permits Ministers to issue a Serious Shortage Protocol (SSP) in circumstances where any part of the UK is in their opinion experiencing or may experience a serious shortage of prescription-only medicine.
The Appellant contends that the Secretary of State does not have the power to make regulation 9 and that, even if he did, the process by which he made it was so rushed and inadequate as to render it unlawful.