Good Law Project Limited –v- Secretary of State for Health and Social Care
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.
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