Misuse of Drugs Act 1977

Amendment of section 65 of Health Act, 1947.

36

36. Section 65 of the Health Act, 1947, as amended by section 39 of the Health Act, 1953, and section 6 of the Health Act, 1970, is hereby amended by—

( a) the substitution of the following paragraphs for paragraph ( j) of subsection (3):

“( j) the enforcement and execution of the regulations—

(i) by officers of the Minister,

(ii) by health boards and their officers,

(iii) with the consent of the Minister for Finance, by officers of Customs and Excise,

(iv) with the consent of the Minister for Industry and Commerce, by officers of that Minister,

(v) by the Pharmaceutical Society of Ireland and its officers;

( k) the enabling for the purpose of ascertaining whether or not there is or has been a contravention of the regulations, of any such officer (with, in the case of an officer of the Minister or the Minister for Industry and Commerce or an officer of Customs and Excise, a written authorisation of whichever of those Ministers or the Minister for Finance is appropriate, in the case of an officer of a health board, a written authorisation of the board and in the case of an officer of the Pharmaceutical Society of Ireland, a written authorisation of that Society), at all reasonable times to enter any premises which are of a class or description specified in the regulations and to inspect or examine any substance or article which is of a class or description so specified and require the production of and inspect, and if he thinks fit, to take copies of any entry in, any book, record or other document which is of a prescribed class or description;

( l) the taking (without payment) by such officers, with such authorisation, of samples of such substances or articles for test, examination or analysis;

( m) the prescribing of the certificate or other evidence to be given of the result of any such test, examination or analysis and the classes of person by whom such certificate or evidence is to be given; and

( n) providing that any certificate or other evidence specified under paragraph ( m) of this subsection and given in respect of the test, examination or analysis of a sample shall with regard to that sample be evidence for all purposes of the result.”, and

( b) the substitution of the following subsection for subsection (5):

“(5) An offence under this section may be prosecuted by the Minister, the Pharmaceutical Society of Ireland or by the health board in whose functional area the offence is committed.”.