Misuse of Drugs Act 1977

Directions prohibiting prescribing, supply etc. of controlled drugs by practitioners or pharmacists convicted of offences.

6

6. (1) Where a practitioner or pharmacist has after the commencement of this subsection been convicted of—

( a) an offence under this Act, or

( b) an offence against the Customs Acts in relation to the importation or exportation of a controlled drug,

the Minister may give a direction under subsection (2) of this section in respect of that person.

F13 [ (1A) Where a relevant person has after the commencement of this subsection been convicted of

( a ) an offence under this Act, or

( b ) an offence against the Customs Acts in relation to the importation or exportation of a controlled drug,

the Minister may give a direction under subsection (2) of this section in respect of that person. ]

(2) A direction under this subsection shall—

( a) in case the direction relates to a practitioner, be a direction prohibiting him from having in his possession, prescribing, administering, manufacturing, compounding and supplying and from authorising the administration and supply of such controlled drugs as may be specified in the direction,

( b) in case the direction relates to a pharmacist F14 [ or relevant person, be a direction prohibiting the pharmacist or relevant person, as the case may be, from having in the pharmacist s or relevant person s, as the case may be, ] possession, manufacturing, compounding and supplying and from supervising and controlling the manufacture, compounding and supply of such controlled drugs as may be specified in the direction.

(3) The Minister may at any time give a direction cancelling or suspending any direction given by him under subsection (2) of this section, or cancelling any direction of his under this subsection by which a direction so given is suspended.

(4) The Minister shall cause a copy of any direction given by him under this section to be served on the person to whom it applies and shall cause notice of any such direction to be published in the Iris Oifigiúil and in such other manner (if any) as the Minister may consider appropriate.

(5) A direction under this section shall take effect when a copy of it is served on the person to whom it applies.

(6) Any person who contravenes a direction given under this section shall be guilty of an offence.

F15 [ (7) In this section, relevant person means

( a ) a person, not being a pharmacist, keeping open shop for the dispensing or compounding of medical prescriptions in accordance with the provisions of the Pharmacy Acts 1875 to 1977, or

( b ) any director, manager, secretary or other official of a person referred to in paragraph (a) of this definition which is a body corporate. ]

Annotations

Amendments:

F13

Inserted (1.12.2013) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 5(a), S.I. No. 453 of 2013.

F14

Substituted (1.12.2013) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 5(b), S.I. No. 453 of 2013.

F15

Inserted (1.12.2013) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 5(c), S.I. No. 453 of 2013.

Modifications (not altering text):

C9

References to a person dispensing prescriptions for controlled drugs under the Pharmacy Acts 1875 to 1977 construed (29.11.2008) by Pharmacy Acts 2007 (20/2007), s. 75(2), S.I. No. 487 of 2008.

Interpretation of references to pharmaceutical chemists, persons keeping open shop, etc.

75.— ...

(2) Any reference (however expressed) in a prior enactment to a person who is keeping open shop for the dispensing or compounding of medical prescriptions under the Pharmacy Acts 1875 to 1977—

( a) where that person is, in relation to a pharmacist, a representative within the meaning given by section 25(2) , shall be construed as a reference to such a representative, and

( b) in any other case, shall be construed as a reference to a registered retail pharmacy business.