Misuse of Drugs Act 1977

Investigation of cases where Minister considers there are grounds for special direction.

8

F17 [ 8. (1) If the Minister considers that there may be grounds for giving a special direction, he shall forthwith establish a committee of inquiry, constituted in accordance with any regulations under section 12 of this Act which apply to it, and as soon as may be after such committee is established he shall refer the matter in question to the committee for investigation and when making the reference send to the committee a statement of such grounds, and it shall be the duty of the committee in accordance with this section to investigate the matter referred to it and to report on it to the Minister.

(2) Where the Minister sends a statement of grounds to a committee of inquiry established pursuant to this section, he shall at the same time send to the respondent a copy of the statement and invite him to submit to the committee in writing, within the period of twenty-one days commencing on the date on which the statement is sent to the committee, any representations relating to the matter to be investigated which he may then wish to make.

(3) ( a ) Where a committee of inquiry is established under this section, a meeting of the committee of inquiry shall be convened by the Minister who shall at the same time fix a day for the meeting, being a day which is neither earlier than the seventh day after the expiration of the period referred to in subsection (2) of this section nor later than the twenty-first day after such expiration.

( b ) Where the Minister convenes a meeting under this subsection, he shall at the same time send to the respondent not less than seven days notice in writing of the date, place and time fixed by the Minister for the meeting and the notice shall also notify the respondent that he may make representations to, and if he so wishes appear in person before, the committee of inquiry concerned, be assisted by another person (whether so appearing or not) in making such representations or have such representations made by another person (whether so appearing or not) acting on his behalf.

(4) A committee of inquiry established under this section shall report to the Minister on its investigation as soon as may be and shall state in the report whether or not they recommend the giving of a special direction as regards the matter being investigated, and in case the committee recommends the giving of such a direction they shall indicate in their report either the controlled drugs which the committee considers should be specified in the relevant special direction or that the committee considers that such direction should apply to all controlled drugs.

(5) Having considered the report of the committee of inquiry established under this section, the Minister may

( a ) decide to give in respect of the respondent a special direction specifying all or any of the controlled drugs indicated in a recommendation of the committee, or

( b ) decide not to give a special direction,

and in case the Minister pursuant to this section decides not to give a special direction, he shall notify the respondent accordingly.

(6) Where the Minister gives a special direction, he shall, as soon as may be, cause a copy of the special direction to be served on the respondent and shall cause a copy of the direction to be published in the Iris Oifigi ú il and in such other manner (if any) as the Minister may consider appropriate.

(7) Where the Minister gives a special direction, he shall send a copy of the report received by him from the relevant committee of inquiry and the special direction to the respondent and also to

( a ) in case the respondent is a registered dentist, the Dental Board,

( b ) in case the respondent is a registered medical practitioner, the Medical Council,

( c ) in case the respondent is a registered veterinary surgeon, the Veterinary F18 [ Council, ] ]

F19 [ ( d ) in case the practitioner concerned is a registered nurse, to An Bord Altranais, ]

Annotations:

Amendments:

F17

Substituted (1.10.1984) by Misuse of Drugs Act 1984 (18/1984), s. 3, S.I. No. 205 of 1984.

F18

Substituted (1.12.2013) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 6(a), S.I. No. 453 of 2013.

F19

Inserted (1.12.2013) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 6(b), S.I. No. 453 of 2013.

Modifications (not altering text):

C10

References to a registered medical practitioner and the Medical Council construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1) and (3), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2 .

...

(3) Every reference to—

( a) the Medical Council, or

...

contained in any other enactment or any statutory instrument shall be construed as the Council within the meaning of section 2 .

Editorial Notes:

E97

Power pursuant to section exercised (23.10.1984) by Misuse of Drugs (Committees of Inquiry) Regulations 1984 (S.I. No. 264 of 1984).

E98

Previous affecting provision: power pursuant to section exercised (1.05.1979) by Misuse of Drugs (Committees of Inquiry, Advisory Committees and Advisory Panels) Regulations 1979 (S.I. No. 31 of 1979), in effect as per reg. 2; revoked (23.10.1984) by Misuse of Drugs (Committees of Inquiry) Regulations 1984 (S.I. No. 264 of 1984), reg. 8.