No. 16/1993:

HEALTH (FAMILY PLANNING) (AMENDMENT) ACT, 1993

ARRANGEMENT OF SECTIONS

Section

1. Definitions.

2. Amendment of section 1 of Principal Act.

3. Power to prohibit sale of contraceptive sheaths by vending machines at certain places.

4. Standards for contraceptive sheaths.

5. Amendment of Act of 1992.

6. Regulations.

7. Penalties.

8. Repeals.

9. Short title, collective citation and construction.

ACTS REFERRED TO

Number 16 of 1993

HEALTH (FAMILY PLANNING) (AMENDMENT) ACT, 1993

AN ACT TO AMEND THE HEALTH (FAMILY PLANNING) ACTS, 1979 AND 1992, AND TO PROVIDE FOR RELATED MATTERS.

[30th June, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the Act of 1992" means the Health (Family Planning) (Amendment) Act, 1992 ;

"contraceptive sheath" includes a contraceptive sheath designed and intended for use by a male person and a contraceptive sheath designed and intended for use by a female person;

"the Minister" means the Minister for Health;

"the Principal Act" means the Health (Family Planning) Act, 1979 .

2.—Section 1 of the Principal Act is hereby amended by the substitution of the following definition for the definition of "contraceptive" (inserted by the Act of 1992):

"'contraceptive' means any appliance or instrument, excluding contraceptive sheaths (within the meaning of the Health (Family Planning) (Amendment) Act, 1993 ), prepared or intended to prevent pregnancy resulting from sexual intercourse between human beings;".

3.—(1) The Minister may by regulations prohibit the sale or the offering for sale of contraceptive sheaths by vending machines at a place of a class specified in the regulations.

(2) A person who contravenes a regulation under this section shall be guilty of an offence.

4.—(1) The Minister may by regulations prescribe standards for contraceptive sheaths.

(2) Where standards for contraceptive sheaths stand prescribed for the time being under subsection (1) of this section, a person shall not sell or supply otherwise than by way of sale contraceptive sheaths which do not comply with the standards.

(3) A person who contravenes subsection (2) of this section shall be guilty of an offence.

5.—Section 4 (1) of the Act of 1992 is hereby amended by—

( a ) in paragraph (b) (i) (IV), the deletion of "in accordance with section 3 (3) of the Principal Act", and

( b ) the substitution of the following paragraph for paragraph (c):

"( c ) the sale is to a person specified in paragraph (b) (i) of this subsection.".

6.—(1) The Minister may make regulations for the purposes of this Act in relation to any matter referred to in this Act as being specified in or prescribed by regulations or in relation to any matter ancillary or incidental to any such matter.

(2) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

7.—A person guilty of an offence under this Act shall be liable—

( a ) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or

( b ) on conviction on indictment, to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 12 months or to both.

8.—Sections 5 and 6 of the Principal Act and sections 5 and 6 of the Act of 1992 are hereby repealed.

9.—(1) This Act may be cited as the Health (Family Planning) (Amendment) Act, 1993 .

(2) The Health (Family Planning) Acts, 1979 and 1992, and this Act may be cited together as the Health (Family Planning) Acts, 1979 to 1993, and shall be construed together as one.