Restricted Devices & Substances

HEALTH ACT, 1953.

 

PART V.

 

Regulations as to filling materials.

58.—(1) The Minister may make regulations—

(a) prescribing a standard of cleanliness for filling material either generally or as respects a particular type of filling material,

(b) prohibiting the sale or keeping for sale, or use or keeping for use for the purpose of making bedding, cushions, articles of upholstery, toys or similar articles, of filling material which does not conform with the prescribed standard,

(c) prohibiting the sale or keeping for sale of any bedding, cushion, article of upholstery, toy or similar article containing filling material which does not conform with the prescribed standard.

(2) Regulations under this section—

(a) may provide for the enforcement and execution of the regulations by officers of the Minister, by health authorities and their officers and, with the consent of the Minister for Local Government, by officers of sanitary authorities,

(b) may provide for the empowering of specified persons (being authorised officers for the purpose of Part IX of the Principal Act) to seize and remove, and to detain and destroy or have otherwise suitably disposed of, filling material which does not conform with the prescribed standard,

(c) may provide for the giving and taking (without payment) of samples and the carrying out of tests, examinations and analyses of such samples,

(d) may prescribe the classes of persons to be responsible for the carrying out of tests, examinations and analyses of samples of filling material and the means by and the manner in which any such test, examination or analysis is to be made,

(e) may prescribe the certificate or other evidence to be given of the result of any such test, examination or analysis and the classes of persons by and to whom any such certificate or evidence is to be given,

(f) may provide that any certificate or other evidence prescribed under paragraph (e) of this subsection and given in respect of the test, examination or analysis of a sample shall as respects that sample be evidence for all purposes of the result of the test, examination or analysis,

(g) may provide for the licensing or registration of premises in which filling material is kept for sale or for use for the purpose of making bedding, cushions, articles of upholstery, toys or similar articles and for the prohibition of the keeping for sale or for the said use of filling material in premises which are not licensed or registered,

(h) may provide for conditions governing the grant, retention or renewal of licences or registrations,

(i) may provide for the imposition of charges in respect of the grant, retention or renewal of licences or registrations,

(j) may provide for the marking or labelling in a specified manner of bedding, cushions, articles of upholstery, toys or similar articles containing filling material,

(k) may provide for the keeping of records by persons engaged in the manufacture, preparation, importation, storage, distribution or sale of filling material or bedding, cushions, articles of upholstery, toys or similar articles containing filling material and for the production of such records for inspection by officers concerned in the enforcement or execution of the regulations.

(3) Where regulations made under subsection (1) of this section provide that any particular certificate or other evidence shall be evidence for all purposes of the result of a test, examination or analysis of a sample, such certificate or other evidence shall, as respects that sample, be accepted by all Courts of Justice as evidence of the result of such test, examination or analysis and shall also be accepted by all Courts of Justice as evidence that such test, examination or analysis was carried out under and in accordance with the regulations.

(4) Where a person is charged with having, in contravention of regulations made under this section, kept for sale any filling material or any bedding, cushion, article of upholstery, toy or similar article and it is shown that the material or article was in the possession of such person, the material or article shall, until the contrary is proved, be deemed to have been kept by him for sale.

(5) Where a person is charged with having, in contravention of regulations made under this section, kept any filling material for use for the purpose of making bedding, cushions, articles of upholstery, toys or similar articles and it is shown that the material was in the possession of such person, the material shall, until the contrary is proved, be deemed to have been kept by him for that use.

(6) If the defendant in any prosecution for an offence under this section proves—

(a) that he purchased—

(i) filling material as of a standard of cleanliness which would not have contravened any regulation under this section, or

(ii) an article as containing only filling material of such a standard and with a written warranty to that effect, and

(b) that he had no reason to believe at the time when he committed the offence with which he is charged that the filling material did not conform with the prescribed standard of cleanliness, and

(c) that at the said time the filling material was in the same state as when he purchased it,

the defendant shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor unless he gave due notice to the prosecutor that he proposed to rely on the said defence.

(7) A statement by the manufacturer, importer or seller of any filling material or any bedding, cushion, article of upholstery, toy or similar article containing filling material which is a statement as to the standard of cleanliness of the filling material and which is in an invoice or on a label attached to the filling material or article or on the container in which the filling material is sold shall be deemed for the purposes of paragraph (a) of subsection (6) of this section to be a warranty.

(8) Where it appears to the authority or officer enforcing regulations made under this section that an offence has been committed in respect of which proceedings might be taken under this section against some person but that such person could establish a defence under subsection (6) of this section by proving that the offence complained of was due to an act or default of some other person, such authority or officer may take proceedings against that other person without taking proceedings against the first-mentioned person.

(9) A person who contravenes a regulation under this section or who wilfully obstructs the execution of a regulation under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(10) An offence under this section may be prosecuted by the health authority in whose functional area the offence is committed.

(11) In this section, the expression “filling material” includes—

(a) rag flock which is produced wholly or in part by tearing up woven, knitted, felted or spun material or other like articles whether new or old, and

(b) hair, fibre, down, feathers, wood shavings, sawdust, straw, and other similar materials, whether new or old, used in the making of bedding, cushions, articles of upholstery, toys, or similar articles, and

(c) linings, webbings and coverings (other than outer coverings) used in the making of bedding, cushions, articles of upholstery, toys or similar articles.

Control of use, etc., of radio-active substances and irradiating apparatus.

59.—(1) In this section—

the word “substance” means a natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour, including a preparation or manufactured article or article which has been subjected to any artificial treatment or process;

the expression “radio-active substance” means a substance which consists of or contains any radio-active chemical element, whether natural or artificial;

the expression “medical radio-active substance” means a radio-active substance which may be used as a prophylactic, diagnostic or therapeutic agent in the prevention or treatment of any human ailment, infirmity, injury or defect;

the expression “medical irradiating apparatus” means irradiating apparatus which may be used as a prophylactic, diagnostic or therapeutic agent in the prevention or treatment of any human ailment, infirmity, injury or defect.

(2) The Minister may make regulations for the control of the storage, use, exportation or other disposal of medical radio-active substances generally or of any particular medical radio-active substance.

(3) The Minister may make regulations for the control of the manufacture, importation, distribution, sale, offering or keeping for sale, use, exportation or other disposal of medical irradiating apparatus generally or of any specified class of such apparatus.

(4) The Minister may make regulations for—

(a) the prevention of danger to the health of persons occupied in the use of radio-active substances or irradiating apparatus and of other persons whose health may be endangered by such use,

(b) ensuring the safe disposal of radio-active waste products resulting from the use of radio-active substances or irradiating apparatus.

(5) Regulations under this section may, in particular, make provision for all or any of the following matters:

(a) the enforcement and execution of the regulations—

(i) by officers of the Minister,

(ii) by health authorities 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) with the consent of the Minister for Agriculture, by officers of that Minister,

(b) the prohibition of the storage, use, exportation or other disposal of medical radio-active substances either absolutely or save subject to specified conditions (including the grant of a licence for such storage, use, exportation or other disposal),

(c) the prohibition of the manufacture, importation, distribution, sale, offering or keeping for sale, use, exportation or other disposal of irradiating apparatus either absolutely or save subject to specified conditions (including the grant of a licence for such manufacture, importation, distribution, sale, offering or keeping for sale, use, exportation or other disposal),

(d) the determination of the classes of persons to whom licences under the regulations are to be granted,

(e) the prescribing of conditions governing the grant, retention or renewal of licences under the regulations,

(f) the refusal or revocation of licences under the regulations,

(g) the giving and the taking, with or without payment (as the regulations may provide), of samples of radio-active substances,

(h) the imposition of charges (whether fixed, variable or partly fixed and partly variable) in respect of the grant, retention or renewal of licences under the regulations.

(6) Regulations under this section shall not prohibit absolutely the use by a registered medical practitioner in medical practice or by a registered dentist in dental practice of any radio-active substance or any irradiating apparatus, or require a registered medical practitioner or registered dentist to hold a licence for the use of radio-active substances or irradiating apparatus in medical practice or dental practice, as the case may be, or for the storage of such quantities of radio-active substances as may be reasonably required for his practice.

(7) A person who contravenes a regulation under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five hundred pounds and to forfeiture of any substance or apparatus in relation to which the offence was committed.

(8) An offence under this section may be prosecuted by the Minister or by the health authority in whose functional area the offence is committed.

Prohibition or control of use of certain verminicides.

60.—(1) The Minister may make regulations for the prohibition or control of the use in the destruction of animals of substances containing live cultures of organisms pathogenic to man.

(2) Regulations under this section may, in particular, make provision for all or any of the following matters:

(a) the enforcement and execution of the regulations—

(i) by officers of the Minister,

(ii) by health authorities and their officers,

(b) the prohibition of the use in the destruction of animals of substances containing live cultures of organisms pathogenic to man save subject to specified conditions (including the grant of a licence for such use),

(c) the determination of the classes of persons to whom licences under the regulations are to be granted,

(d) the prescribing of conditions governing the grant, retention and renewal of licences under the regulations,

(e) the refusal or revocation of licences under the regulations,

(f) the imposition of charges in respect of the grant, retention or renewal of licences under the regulations.

(3) A person who contravenes a regulation under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(4) An offence under this section may be prosecuted by the Minister or by the health authority in whose functional area the offence is committed.

Control of use of fumigants.

61.—(1) The Minister, after consultation with the Minister for Agriculture, may by order declare, as respects a specified fumigant, that—

(a) all uses of the fumigant shall be restricted, or

(b) the use of the fumigant for a specified purpose or in specified circumstances shall be restricted.

(2) Where an order under this section declares that all uses of a fumigant shall be restricted, a person shall not use the fumigant save with the permission of the chief medical officer for the area in which the fumigant is used and in accordance with any directions which the officer may give for the purpose of safeguarding public health.

(3) Where an order under this section declares that the use of a fumigant for a specified purpose or in specified circumstances shall be restricted, a person shall not use the fumigant for that purpose or in those circumstances (as the case may be) save with the permission of the chief medical officer for the area in which the fumigant is used and in accordance with any directions which the officer may give for the purpose of safeguarding public health.

(4) A person who contravenes subsection (2) or subsection (3) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(5) An offence under this section may be prosecuted by the health authority in whose functional area the offence is committed.

Facilities for teaching of clinical medicine or conduct of medical research.

62.—(1) Where a college which awards any of the qualifying diplomas mentioned in the Second Schedule to the Medical Practitioners Act, 1927 (No. 25 of 1927), or a college of a university which awards any such diploma, requires facilities for the teaching of clinical medicine or for the conduct of medical research in a health institution—

(a) the Minister, if he so thinks proper, may by order declare the institution to be a teaching institution,

(b) on the institution being declared to be a teaching institution—

(i) it shall be the duty of the health authority by whom the institution is maintained to provide in the institution such facilities for the teaching of clinical medicine or for the conduct of medical research as the Minister may direct from time to time,

(ii) in relation to the making of any appointment to the staff of the institution which is considered by the Minister to carry with it duties involving the teaching of clinical medicine or the conduct of medical research under the direction of one or more than one such college, any board constituted by the Local Appointments Commissioners in accordance with section 9 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), to interview candidates shall consist of a chairman nominated by the Minister and a number of other members, half of whom shall be nominated by such college or colleges.

(2) In this section “medicine” shall be construed as including surgery and midwifery, and “medical” shall be construed accordingly.