Prescription Medicine

Health Act 1947

 

PART VI.

Provisions in Relation to Medical and Toilet Preparations and Certain Other Articles.

Section 65

Control of advertisement or sale of medical and toilet preparations.

65.—F112[…]

Annotations

Amendments:

F112
Repealed (1.01.1996) by Irish Medicines Board Act 1995 (29/1995), s. 34, S.I. No. 345 of 1995, subject to transitional provisions in subss. (3), (4) and s. 31.

Editorial Notes:

E1110
Previous affecting provision: power pursuant to section exercised (1.10.1995) by Medical Preparations (Labelling and Package Leaflets) (Amendment) Regulations 1994 (S.I. No. 440 of 1994), in effect as per reg. 2; section repealed as per F-note above.

E1111
Previous affecting provision: power pursuant to section exercised (1.10.1994 and 1.01.1995) by Medical Preparations (Licensing, Advertisement and Sale) (Amendment) Regulations 1994 (S.I. No. 439 of 1994), in effect as per reg. 2; revoked (19.02.1996) by Medical Preparations (Licensing and Sale) Regulations 1996 (S.I. No. 43 of 1996), reg. 15, in effect as per reg. 16.

E1112
Previous affecting provision: power pursuant to section exercised (22.03.1993) by Medical Preparations (Prescription and Control of Supply) Regulations 1993 (S.I. No. 69 of 1993), in effect as per reg. 2; revoked (1.09.1996) by Medicinal Products (Prescription and Control of Supply) Regulations 1996 (S.I. No. 256 of 1996), reg. 3, in effect as per reg. 2.

E1113
Previous affecting provision: power pursuant to section exercised (16.03.1993) by Medical Preparations (Advertising) Regulations 1993 (S.I. No. 76 of 1993); revoked (23.07.2007) by Medicinal Products (Control of Advertising) Regulations 2007 (S.I. No. 541 of 2007), reg. 3, in effect as per reg. 2.

E1114
Previous affecting provision: power pursuant to section exercised (12.03.1993) by Medical Preparations (Labelling & Package Leaflets) Regulations 1993 (S.I. No. 71 of 1993); revoked (30.10.2010) by Medicinal Products (Control of Placing on the Market) Regulations 2007 (S.I. No. 540 of 2007), reg. 26(2), in effect as per reg. 26(2).

E1115
Previous affecting provision: power pursuant to section exercised (12.03.1993) by Medical Preparations (Licensing, Advertisement & Sale) (Amendment) Regulations 1993 (S.I. No. 70 of 1993; revoked (19.02.1996) by Medical Preparations (Licensing and Sale) Regulations 1996 (S.I. No. 43 of 1996), reg. 15, in effect as per reg. 16.

E1116
Previous affecting provision: power pursuant to section exercised (11.03.1993) by Medical Preparations (Licensing of Manufacture) Regulations, 1993 (Amendment) Regulations 1993 (S.I. No. 68 of 1993); revoked (23.07.2007) by Medicinal Products (Control of Manufacture) Regulations 2007 (S.I. No. 539 of 2007), reg. 16(1), in effect as per reg. 2.

E1117
Previous affecting provision: power pursuant to section exercised (11.02.1993) by Medical Preparations (Licensing of Manufacture) Regulations 1993 (S.I. No. 40 of 1993); revoked (23.07.2007) by Medicinal Products (Control of Manufacture) Regulations 2007 (S.I. No. 539 of 2007), reg. 16(1), in effect as per reg. 2.

E1118
Previous affecting provision: power pursuant to section exercised (11.02.1993) by Medical Preparations (Wholesale Licences) Regulations 1993 (S.I. No. 39 of 1993); revoked (23.07.2007) by Medicinal Products (Control of Wholesale Distribution) Regulations 2007 (S.I. No. 538 of 2007), reg. 3, in effect as per reg. 2.

E1119
Previous affecting provision: definition of medical preparation construed (23.07.1992) by Health (Family Planning) (Amendment) Act 1992 (20/1992), s. 7, commenced on enactment; section repealed as per F-note above.

E1120
Previous affecting provision: power pursuant to section exercised (19.12.1989) by Medical Preparations (Wholesale Licences) (Amendment) Regulations 1989 (S.I. No. 348 of 1989); rendered obsolete by revocation of Medical Preparations (Wholesale Licences) Regulations 1974 (S.I. No. 333 of 1974) (11.02.1993) by Medical Preparations (Wholesale Licences) Regulations 1993 (S.I. No. 39 of 1993), reg. 2.

E1121
Previous affecting provision: power pursuant to section exercised (19.12.1989) by Medical Preparations (Licensing, Advertisement and Sale) (Amendment) Regulations 1989 (S.I. No. 347 of 1989); revoked (19.02.1996) by Medical Preparations (Licensing and Sale) Regulations 1996 (S.I. No. 43 of 1996), reg. 15, in effect as per reg. 16.

E1122
Previous affecting provision: power pursuant to section exercised (5.09.1989) by Medical Preparations (Amendment of Fees), Regulations 1989 (S.I. No. 223 of 1989); rendered obsolete by revocation of Medical Preparations (Licensing of Manufacture) Regulations 1974 (S.I. No. 225 of 1974) (11.02.1993) by Medical Preparations (Licensing of Manufacture) Regulations 1993 (S.I. No. 40 of 1993), reg. 2, and by revocation of Medical Preparations (Wholesale Licences) Regulations 1974 (S.I. No. 333 of 1974) (11.02.1993) by Medical Preparations (Wholesale Licences) Regulations 1993 (S.I. No. 39 of 1993), reg. 2.

E1123
Previous affecting provision: power pursuant to section exercised (1.02.1988) by Medical Preparations (Amendment of Fees) Regulations, 1988 (S.I. No. 10 of 1988); rendered obsolete by revocation of Medical Preparations (Licensing of Manufacture) Regulations 1974 (S.I. No. 225 of 1974) (11.02.1993) by Medical Preparations (Licensing of Manufacture) Regulations 1993 (S.I. No. 40 of 1993), reg. 2, and by revocation of Medical Preparations (Wholesale Licences) Regulations 1974 (S.I. No. 333 of 1974) (11.02.1993) by Medical Preparations (Wholesale Licences) Regulations 1993 (S.I. No. 39 of 1993), reg. 2.

E1124
Previous affecting provision: power pursuant to section exercised (1.03.1987) by Medical Preparations (Amendment of Fees) Regulations 1987 (S.I. No. 49 of 1987), in effect as per reg. 3; rendered obsolete by revocation of Medical Preparations (Licensing of Manufacture) Regulations 1974 (S.I. No. 225 of 1974) (11.02.1993) by Medical Preparations (Licensing of Manufacture) Regulations 1993 (S.I. No. 40 of 1993), reg. 2, and by revocation of Medical Preparations (Wholesale Licences) Regulations 1974 (S.I. No. 333 of 1974) (11.02.1993) by Medical Preparations (Wholesale Licences) Regulations 1993 (S.I. No. 39 of 1993), reg. 2.

E1125
Previous affecting provision: power pursuant to section exercised (1.07.1987) by Medical Preparations (Control of Sale) Regulations 1987 (S.I. No. 18 of 1987), in effect as per reg. 2; revoked (22.03.1993) by Medical Preparations (Prescription and Control of Supply) Regulations 1993 (S.I. No. 69 of 1993), reg. 3, in effect as per reg. 2

E1126
Previous affecting provision: power pursuant to section exercised (1.03.1986) by Medical Preparations (Amendment of Fees) Regulations 1986 (S.I. No. 49 of 1986), in effect as per reg. 3; rendered obsolete by revocation of Medical Preparations (Licensing of Manufacture) Regulations 1974 (S.I. No. 225 of 1974) (11.02.1993) by Medical Preparations (Licensing of Manufacture) Regulations 1993 (S.I. No. 40 of 1993), reg. 2, and by revocation of Medical Preparations (Wholesale Licences) Regulations 1974 (S.I. No. 333 of 1974) (11.02.1993) by Medical Preparations (Wholesale Licences) Regulations 1993 (S.I. No. 39 of 1993), reg. 2.

E1127
Previous affecting provision: power pursuant to section exercised (6.06.1985) by Medical Preparations (Amendment of Fees) Regulations 1985 (S.I. No. 159 of 1985); rendered obsolete by revocation of Medical Preparations (Wholesale Licences) Regulations 1974 (S.I. No. 333 of 1974) (11.02.1993) by Medical Preparations (Wholesale Licences) Regulations 1993 (S.I. No. 39 of 1993), reg. 2.

E1128
Previous affecting provision: power pursuant to section exercised (1.10.1984 and other dates) by Medical Preparations (Licensing, Advertisement and Sale) Regulations 1984 (S.I. No. 210 of 1984), in effect as per reg. 2(1); revoked (19.02.1996) by Medical Preparations (Licensing and Sale) Regulations 1996 (S.I. No. 43 of 1996), reg. 15, in effect as per reg 16.

E1129
Previous affecting provision: power pursuant to section exercised (1.04.1984) by Medical Preparations (Amendment of Fees) Regulations 1984 (S.I. No. 85 of 1984), in effect as per reg. 3; rendered obsolete by revocation of Medical Preparations (Wholesale Licences) Regulations 1974 (S.I. No. 333 of 1974) (11.02.1993) by Medical Preparations (Wholesale Licences) Regulations 1993 (S.I. No. 39 of 1993), reg. 2.

E1130
Previous affecting provision: power pursuant to section exercised (1.03.1983) by Medical Preparations (Amendment of Fees) Regulations 1983 (S.I. No. 56 of 1983), in effect as per reg. 3; rendered obsolete by revocation of Medical Preparations (Licensing of Manufacture) Regulations 1974 (S.I. No. 225 of 1974) (11.02.1993) by Medical Preparations (Licensing of Manufacture) Regulations 1993 (S.I. No. 40 of 1993), reg. 2, and by revocation of Medical Preparations (Wholesale Licences) Regulations 1974 (S.I. No. 333 of 1974) (11.02.1993) by Medical Preparations (Wholesale Licences) Regulations 1993 (S.I. No. 39 of 1993), reg. 2.

E1131
Previous affecting provision: power pursuant to section exercised (23.07.1980) by Medical Preparations (Amendment of Fees) Regulations 1980 (S.I. No. 241 of 1980), in effect as per reg. 3; rendered obsolete by revocation of Medical Preparations (Licensing of Manufacture) Regulations 1974 (S.I. No. 225 of 1974) (11.02.1993) by Medical Preparations (Licensing of Manufacture) Regulations 1993 (S.I. No. 40 of 1993), reg. 2, and by revocation of Medical Preparations (Wholesale Licences) Regulations 1974 (S.I. No. 333 of 1974) (11.02.1993) by Medical Preparations (Wholesale Licences) Regulations 1993 (S.I. No. 39 of 1993), reg. 2.

E1132
Previous affecting provision: subss. (3)(j) and (5) substituted (1.03.1979) by Misuse of Drugs Act 1977 (12/1977), s. 36(a), (b), S.I. No. 28 of 1979; section repealed as per F-note above.

E1133
Previous affecting provision: power pursuant to section exercised (1.05.1976) by Medical Preparations (Control of Sale) (Amendment) Regulations 1976 (S.I. No. 82 of 1976), in effect as per reg. 3; rendered obsolete by revocation of Medical Preparations (Control of Sale) Regulations 1966 (S.I. No. 261 of 1966) (1.07.1987) by Medical Preparations (Control of Sale) Regulations 1987 (S.I. No. 18 of 1987), reg. 3, in effect as per reg. 2.

E1134
Previous affecting provision: power pursuant to section exercised (2.02.1976) by Medical Preparations (Licensing of Manufacture) (Amendment) Regulations 1975 (S.I. No. 302 of 1975), in effect as per reg. 7; revoked (11.02.1993) by Medical Preparations (Licensing of Manufacture) Regulations 1993 (S.I. No. 40 of 1993), reg. 2.

E1135
Previous affecting provision: power pursuant to section exercised (1.01.1976) by Medical Preparations (Wholesale Licences) Regulations 1974 (S.I. No. 333 of 1974), in effect as per reg. 11; revoked (11.02.1993) by Medical Preparations (Wholesale Licences) Regulations 1993 (S.I. No. 39 of 1993), reg. 3, in effect as per reg. 2.

E1136
Previous affecting provision: power pursuant to section exercised (1.10.1975) by Medical Preparations (Licensing of Manufacture) Regulations 1974 (S.I. No. 225 of 1974), in effect as per reg. 11; revoked (11.02.1993) by Medical Preparations (Licensing of Manufacture) Regulations 1993 (S.I. No. 40 of 1993), reg. 2.

E1137
Previous affecting provision: power pursuant to section exercised (23.09.1971) by Medical Preparations (Control of Sale) (Amendment) Regulations 1971 (S.I. No. 272 of 1971); revoked (1.07.1987) by Medical Preparations (Control of Sale) Regulations 1987 (S.I. No. 18 of 1987), reg. 3, in effect as per reg. 2.

E1138
Previous affecting provision: power pursuant to section exercised (1.08.1970) by Infectious Diseases (Maintenance) Regulations 1970 (S.I. No. 168 of 1970), in effect as per reg. 2; revoked (1.08.1971) by Infectious Diseases (Maintenance) Regulations 1971 (S.I. No. 208 of 1971), reg. 3, in effect as per reg. 2.

E1139
Previous affecting provision: power pursuant to section exercised (10.12.1969) by Medical Preparations (Control of Amphetamine) Regulations 1969 (S.I. No. 244 of 1969), in effect as per reg. 3(1); revoked (1.04.2007) by Medicinal Products (Revocation of the Medical Preparations (Control of Amphetamine) Regulations 1969) Regulations 2007 (S.I. No. 99 of 2007), reg. 2, in effect as per reg. 2.

E1140
Previous affecting provision: power pursuant to section exercised (30.11.1966) by Medical Preparations (Control of Sale) Regulations 1966 (S.I. No. 261 of 1966), in effect as per reg. 2; revoked (1.07.1987) by Medical Preparations (Control of Sale) Regulations 1987 (S.I. No. 18 of 1987), reg. 3, in effect as per reg. 2.

E1141
Previous affecting provision: power pursuant to section exercised (27.05.1963) by Medical Preparations (Control of Sale) Regulations 1963 (S.I. No. 82 of 1963), in effect as per reg. 3; revoked (2.01.1967) by Medical Preparations (Control of Sale) Regulations 1966 (S.I. No. 261 of 1966), reg. 10, in effect as per reg. 3.

E1142
Previous affecting provision: power pursuant to section exercised (27.11.1962) by Medical Preparations (Control of Sale) (Temporary) Regulations 1962 (S.I. No. 199 of 1962), in effect as per reg. 3; ceased (27.05.1963) as per reg. 3.

E1143
Previous affecting provision: power pursuant to section exercised (1.07.1958 and 1.07.1959) by Medical Preparations (Advertisement and Sale) Regulations 1958 (S.I. No. 135 of 1958), in effect as per reg. 3(1), (2); revoked (23.07.2007) by Medicinal Products (Control of Advertising) Regulations 2007 (S.I. No. 541 of 2007), reg. 3, in effect as per reg. 2.

E1144
Previous affecting provision: power pursuant to section exercised (16.07.1956) by Medical Preparations (Oral Diabetic Treatments) Regulations 1956 (S.I. No. 203 of 1956); revoked (2.01.1967) by Disabled Persons (Maintenance Allowances) Regulations 1960 (S.I. No. 261 of 1966), reg. 10, in effect as per reg. 3.

E1145
Previous affecting provision: power pursuant to section exercised (23.02.1954) by Medical Preparations (Barbiturates) Regulations 1954 (S.I. No. 30 of 1954); revoked (2.01.1967) by Medical Preparations (Control of Sale) Regulations 1966 (S.I. No. 261 of 1966), reg. 10, in effect as per reg. 3.

E1146
Previous affecting provision: subss. (1), (3) and (5) amended (1.01.1953) by Health Act 1953 (26/1953), s. 39(a)-(c), S.I. No. 377 of 1954; section repealed as per F-note above.

E1147
Previous affecting provision: power pursuant to section exercised (18.11.1952) by Medical Preparations (Cortisone and A.C.T.H.) Regulations 1952 (S.I. No. 324 of 1952); revoked (2.01.1967) by Medical Preparations (Control of Sale) Regulations 1966 (S.I. No. 261 of 1966), reg. 10, in effect as per reg. 3.

Section 66

Restriction on importation, manufacture or sale of certain articles.

66.—(1) The Minister may by order provide that—

(a) any instrument, appliance or apparatus of a class as respects which he is of opinion that the use by the general public of instruments, appliances or apparatuses of that class involves risk of serious injury to health or body, or

(b) a substance as respects which he is of opinion that it is likely, when accessible to the general public, to be used for purposes involving risk of serious injury to health or body,

shall be a restricted article for the purposes of this section.

(2) In the subsequent subsections of this section, the expression “restricted article” means an article declared by an order under this section to be a restricted article for the purposes of this section.

(3) The Minister may grant to a registered medical practitioner a permit for the importation, manufacture, sale or other disposal of a restricted article and may attach to the permit such conditions (if any) as he thinks proper.

(4) Save so far as may be authorised by a permit under subsection (3) of this section, it shall not be lawful for a person to import, manufacture, sell or otherwise dispose of, or offer or keep for sale or other disposal, a restricted article.

(5) It shall not be lawful for a person to advertise a restricted article.

(6) A person who contravenes subsection (4) or (5) of this section or who, having been granted and having availed of a permit under subsection (3) of this section, does not comply with a condition attached to the permit, 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 a term not exceeding six months or to both such fine and such imprisonment and, in every case, to forfeiture of the restricted article in relation to which the offence was committed.

(7) Any article forfeited under subsection (6) of this section shall be disposed of in such manner as the Minister may direct.

(8) Where, on an inspection under section 94 of this Act of any premises, any restricted article is found in relation to which the person making the inspection has reasonable grounds for believing that an offence under this section has been committed, such person may seize, remove and detain the article.

(9) An offence under this section may be prosecuted by the Minister F113[or by the health authority in whose functional area the offence is committed.]

Annotations

Amendments:

F113
Inserted (1.01.1954) by Health Act 1953 (26/1953), s. 40, S.I. No. 377 of 1953.

Modifications (not altering text):

C39
Term “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), 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.

…

Editorial Notes:

E1148
The Euro equivalent of £100 mentioned in subs. (6) is €126.98. This translates into a Class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 6, S.I. No. 662 of 2010.

E1149
Power pursuant to section exercised (20.12.1985) by Health (Restricted Article) Order 1985 (S.I. No. 429 of 1985).

Section 67
Regulations as to flock.

67.—F114[…]

Annotations

Amendments:

F114
Repealed (1.01.1954) by Health Act 1953 (26/1953), s. 5 and sch., S.I. No. 377 of 1953.