No. 65/1937:

DANGEROUS DRUGS (MEDICINAL OPIUM, TINCTURE OF INDIAN HEMP, MORPHINE, COCAINE, ETC.), REGULATIONS, 1937.

DANGEROUS DRUGS (MEDICINAL OPIUM, TINCTURE OF INDIAN HEMP, MORPHINE, COCAINE, ETC.), REGULATIONS, 1937.

ARRANGEMENT OF REGULATIONS.

STATUTORY RULES AND ORDERS.

1937. No. 65.

DANGEROUS DRUGS (MEDICINAL OPIUM, TINCTURE OF INDIAN HEMP, MORPHINE, COCAINE, ETC.), REGULATIONS, 1937.

WHEREAS by virtue of the Dangerous Drugs Act, 1934 (Commencement) Order, 1937 (Statutory Rules and Orders, No. 40 of 1937), the Dangerous Drugs Act, 1934 (No. 1 of 1934), came into operation on the 1st day of April, 1937:

AND WHEREAS it is enacted by Section 5 of the said Act that the Minister for Justice may by order make regulations in relation to any matter or thing referred to in the said Act as prescribed:

AND WHEREAS it is enacted by sub-section (1) of Section 17 of the said Act that subject to the provisions of the said section, Part IV of the said Act applies to the following drugs, that is to say—

(a) medicinal opium;

(b) any extract or tincture of Indian hemp;

(c) morphine and its salts, and diacetylmorphine (commonly known as diamorphine or heroin) and the other esters of morphine and their respective salts;

(d) cocaine (including synthetic cocaine) and ecgonine and their respective salts, and the esters of ecgonine and their respective salts;

(e) any solution or dilution of morphine or cocaine or their salts in an inert substance whether liquid or solid, containing any proportion of morphine or cocaine, and any preparation, admixture, extract or other substance (not being such a solution or dilution as aforesaid) containing not less than one-fifth per cent. of morphine or one-tenth per cent. of cocaine or of ecgonine;

(f) any preparation, admixture, extract or other substance containing any proportion of diacetylmorphine;

(g) dihydrohydroxycodeinone, dihydrocodeinone, dihydromorphinone, acetyldihydrocodeinone, dihydromorphine, their esters and the salts of any of these substances and of their esters, morphine-N-oxide (commonly known as genomorphine), the morphine-N-oxide derivatives, and any other pentavalent nitrogen morphine derivatives;

(h) thebaine and its salts, and (with the exception of methylmorphine, commonly known as codeine, and ethylmorphine, commonly known as dionin, and their respective salts), benzylmorphine and the other ethers of morphine and their respective salts;

(i) any preparation, admixture, extract or other substance containing any proportion of any of the substances which are, by virtue of paragraph (g) or paragraph (h) of said sub-section (1), drugs to which the said Part IV applies;

(j) such other drugs as may be declared by order of the Executive Council made under the said section to be drugs to which the said Part IV applies:

AND WHEREAS it is enacted by sub-section (3) of Section 18 of the said Act that every import permit in respect of a drug to which Part IV of the said Act applies shall be in the prescribed form and contain the prescribed particulars:

AND WHEREAS it is enacted by sub-section (2) of Section 19 of the said Act that the Minister for Justice may, if he so thinks fit, grant to any person who complies with the prescribed conditions, an export permit to export any drug to which Part IV of the said Act applies, and it is enacted by sub-section (3) of the said section that every export permit in respect of any such drug shall be in the prescribed form and shall contain the prescribed particulars:

AND WHEREAS it is enacted by sub-section (1) of Section 20 of the said Act that for the purpose of preventing the improper use of drugs to which Part IV of the said Act applies, the Minister for Justice may by order make regulations under the said section for controlling or restricting the manufacture, sale, possession and distribution of such drugs, and in particular, but without prejudice to the generality of the foregoing power for—

(a) prohibiting the manufacture of any such drugs except on premises licensed for the purpose and subject to any conditions specified in the licence; and

(b) prohibiting the manufacture, sale, or distribution of any such drug except by persons licensed or otherwise authorised under such regulations and subject to any conditions specified in the licence or authority; and

(c) regulating the issue by registered medical practitioners of prescriptions containing any such drug and the dispensing of any such prescriptions; and

(d) requiring persons engaged in the manufacture, sale, or distribution of any such drug to keep such books and furnish such information either in writing or otherwise as may be prescribed by such regulations:

AND WHEREAS it is enacted by sub-section (2) of the said Section 20 that regulations under the said section shall provide for authorising any pharmaceutical chemist, chemist and druggist, or registered druggist lawfully keeping open shop for the sale of poisons—

(a) to manufacture at the shop in the ordinary course of his retail business any preparation, admixture, or extract of any drug to which Part IV of the said Act applies; or

(b) to carry on at the shop the business of retailing, dispensing, or compounding any such drug, subject to the power of the Minister for Justice to withdraw the authorisation in the case of a person convicted of an offence under the said Act:

AND WHEREAS it is enacted by sub-section (2) of Section 10 of the said Act (in this recital referred to as the Act of 1934) that every regulation made under the Dangerous Drugs Act, 1920, and in force at the commencement of the Act of 1934, may be continued, amended, or revoked by regulations made under the Act of 1934, and until so continued or revoked, and subject to any such amendment, shall continue in force and be deemed to have been made under the Act of 1934:

NOW, THEREFORE, I, P. J. RUTTLEDGE, Minister for Justice, in exercise of the powers conferred on me by the Dangerous Drugs Act, 1934 (No. 1 of 1934), and of every and any other power me in this behalf enabling, do hereby order and make the following Regulations, that is to say:—

PART I. PRELIMINARY AND GENERAL.

1. These Regulations may be cited as the Dangerous Drugs (Medicinal Opium, Tincture of Indian Hemp, Morphine, Cocaine, Etc.), Regulations, 1937.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In these Regulations—

the expression "the Act" means the Dangerous Drugs Act 1934 (No. 1 of 1934);

the expression "the Minister" means the Minister for Justice.

4. The Regulations made, on the 20th day of May, 1921, under Section 7 of the Dangerous Drugs Act, 1920, are hereby revoked.

PART II. PERMITS TO IMPORT AND EXPORT MEDICINAL OPIUM EXTRACTS AND TINCTURES OF INDIAN HEMP, MORPHINE, COCAINE, ETC.

5. In this Part of these Regulations the word "drug" means any drug to which, by virtue of Section 17 of the Act, Part IV. of the Act for the time being applies.

6. Every import permit under Section 18 of the Act in respect of a drug shall be in the Form set out in the First Schedule to these Regulations and shall contain the particulars indicated in such Form.

7. The following shall be the conditions to be complied with by an applicant for an export permit to export from Saorstát Eireann to another country a quantity of any drug, that is to say—

(a) that he is authorised, within the meaning of Part III of these Regulations, to supply, or have in his possession, such drug;

(b) that he produces to the Minister the appropriate import certificate mentioned in paragraph 2 of Article 13 of the Geneva Convention, 1925, or, where applicable, the appropriate special certificate mentioned in paragraph 7 of the said Article 13.

8. Every export permit under Section 19 of the Act in respect of a drug shall be in the Form set out in the Second Schedule to these Regulations and shall contain the particulars indicated in such Form.

PART III. CONTROL OF MANUFACTURE, SALE, POSSESSION AND DISTRIBUTION OF MEDICINAL OPIUM, EXTRACTS AND TINCTURES OF INDIAN HEMP, MORPHINE, COCAINE, ETC.

9.— (1) In this Part of these Regulations—

the word "preparation" means any preparation, admixture, extract or other substance containing such a proportion of a drug as is sufficient to make the preparation, admixture, extract or substance a drug to which, by virtue of Section 17 of the Act, Part IV of the Act for the time being applies;

the word "drug" means any drug to which, by virtue of Section 17 of the Act, Part IV of the Act for the time being applies, other than a preparation;

the word "authority" means—

(a) any licence granted by the Minister under sub-section (4) of Section 20 of the Act; or

(b) any authority granted by the Minister under that sub-section; or

(c) any general authorisation conferred by this Part of these Regulations,

and the word "authorised" shall be construed accordingly;

the word "register" means a bound book and does not include any form of loose leaf register or card index;

the expression "prescription" means a prescription directing the supply of a drug or preparation and given either by a registered medical practitioner for the purposes of medical treatment, or by a registered dentist for the purposes of dental treatment, or by a registered veterinary surgeon for the purposes of animal treatment;

the expression "health insurance prescription" means a prescription issued in connection with national health insurance and given in the proper form prescribed therefor;

the expression "keeping open shop for the sale of poisons" means lawfully keeping open shop for the sale of poisons in accordance with the Pharmacy Act (Ireland) 1875, as amended by the Pharmacy Act (Ireland), 1875, Amendment Act, 1890.

(2) For the purposes of these Regulations but subject in each case to any limitation attached to his authority—

(a) a person authorised to manufacture a drug shall be deemed to be authorised to supply that drug, and

(b) a person authorised to supply a drug or preparation shall be deemed to be a person authorised to be in possession of, to procure, to offer to supply or procure and to advertise for sale, such drug or preparation.

(3) For the purposes of these Regulations a person shall be deemed to be in possession of a drug or preparation if it is in his actual custody or is held by another person subject to his control or for him or on his behalf.

10. Nothing in this Part of these Regulations shall apply to any of the preparations mentioned in the Third Schedule to these Regulations or to a drug or preparation which has been denatured in manner approved by the Minister.

11. A person shall not manufacture, or carry on any process in the manufacture of any drug—

(a) unless he is duly authorised so to do, and in so doing complies with the terms and conditions of his authority; and

(b) except on authorised premises.

12.—(1) No person shall—

(a) supply or offer to supply to any person, nor

(b) procure for any person (including himself), nor

(c) offer to procure for any person, nor

(d) advertise for sale,

any drug or preparation—

(i) unless he is authorised so to do and in so doing complies with the terms and conditions of his authority; and

(ii) in case the supplying or procuring is to or for a person in Saorstát Eireann, unless the latter person is authorised to be in possession of such drug or preparation and such supplying or procuring will not infringe the terms and conditions of the latter person's authority.

(2) In this Regulation—

the word "supply" means supply either within or outside Saorstát Eireann;

the word "procure" means procure either within or outside Saorstát Eireann.

(3) For the purpose of this Regulation the administration of a drug or preparation by, or under the direct personal supervision and in the presence of, a registered medical practitioner, or by, or under the direct personal supervision and in the presence of, a registered dentist in the course of dental treatment, shall not be deemed to be a supplying of such drug or preparation.

13.—(1) No person shall be in possession of any drug or preparation unless he duly is so authorised.

(2) For the purposes of these Regulations—

(a) any person to whom a drug or preparation is lawfully supplied on a prescription lawfully given by a registered medical practitioner, a registered dentist or a registered veterinary surgeon, or to whom any drug or preparation is lawfully supplied by a registered medical practitioner or a registered veterinary surgeon who dispenses his own medicines, shall, subject to the provisions of this paragraph, be a person authorised to be in possession of the drug or preparation so supplied; and

(b) where—

(i) any drug or preparation is supplied to a person by, or on a prescription given by, a registered medical practitioner (in this clause referred to as the first doctor), and

(ii) such person, at that time, was in the course of receiving treatment, whether in respect of addiction or otherwise, from another registered medical practitioner (in this clause referred to as the second doctor) and was being supplied with a drug or preparation by, or on a prescription given by, the second doctor,

such person shall not, for the purposes of these Regulations, be a person authorised to be in possession of the drug or preparation supplied by, or on the prescription given by, the first doctor, if he did not, before the supply thereof to him, disclose to the first doctor the fact that he was being so treated by, and so supplied by or on a prescription given by, the second doctor.

14.—(1) Where any drug or preparation is to be lawfully supplied to any person (in this Regulation referred to as the recipient) otherwise than by, or on a prescription given by, a registered medical practitioner, the person (in this Regulation referred to as the supplier) supplying such drug or preparation shall not deliver it to a person who purports to be sent by or on behalf of the recipient unless either—

(a) that person is a person authorised to be in possession of such drug or preparation, or

(b) that person produces to the supplier a statement in writing signed by the recipient to the effect that he is empowered by the recipient to receive such drug or preparation on behalf of the recipient, and the supplier is satisfied that such statement is a genuine document.

(2) For the purposes of these Regulations, any person to whom a drug or preparation is lawfully delivered in the circumstances mentioned in clause (b) of the immediately preceding paragraph of this Regulation shall be deemed to be a person authorised to be in possession thereof, but for such period only as in the circumstances of the case is reasonably sufficient to enable the delivery to the recipient to be effected.

15.—(1) Each person who is a member of any of the following classes, that is to say—

(a) registered medical practitioners,

(b) registered dentists,

(c) registered veterinary surgeons,

(d) persons (being persons duly registered under the Pharmacy Act (Ireland), 1875, as amended by the Pharmacy Act (Ireland), 1875, Amendment Act, 1890), employed or engaged in dispensing medicines at any public hospital or other public institution,

(e) persons who are in charge of a laboratory for the purposes of research or instruction and attached to any university, or university college in Saorstáat Eireann, any medical school in Saorstát Eireann, the School of Pharmacy of the Pharmaceutical Society of Ireland, or any public hospital, or other institution approved for the purpose of this Regulation by the Minister,

(f) persons duly appointed by a local authority as analysts for the purposes of the Sale of Food and Drugs Acts, 1875 to 1935,

(g) persons appointed as Inspectors by the Pharmaceutical Society of Ireland acting under the directions in writing of the Registrar of the said Society,

is hereby authorised, in his capacity as a member of such class, to be in possession of and to supply any drugs or preparations so far as may be necessary for the practice or exercise of his profession or employment.

(2) Nothing contained in the preceding paragraph of this Regulation shall be taken as authorising any dentist to supply any drug or preparation to any person otherwise than by personal administration thereof by such dentist to such person while such person is receiving dental treatment.

16.—(1) Every pharmaceutical chemist, chemist and druggist and registered druggist lawfully keeping open shop for the sale of poisons is hereby authorised—

(a) to manufacture at such shop in the ordinary course of his retail business—

(i) any extract or tincture of Indian hemp, and

(ii) any preparation,

(b) to carry on, subject to the provisions of these Regulations, at such shop the business of supplying, retailing, dispensing or compounding drugs or preparations.

(2) Every drug or preparation in the actual custody of any person authorised by virtue of this Regulation shall ordinarily be kept in a locked receptacle which can be opened only by such person or by some assistant (being a pharmaceutical chemist, chemist and druggist, or registered druggist) of such person.

17.—(1) Whenever—

(a) any person (being, by virtue of the immediately preceding Regulation, an authorised person within the meaning of these Regulations) is convicted of an offence under the Act, or

(b) any person (being, otherwise than by virtue of the immediately preceding Regulation, an authorised person within the meaning of these Regulations) is convicted of an offence under the Act or under the enactments relating to Customs as applied by the Act, or against the corresponding law of a country, other than Saorstát Eireann,

the Minister may, if he is of opinion that such person should not remain an authorised person and, after, in the case of a person authorised under the immediately preceding Regulation, consultation with the Council of the Pharmaceutical Society of Ireland, publish a notice in the Iris Oifigiúil withdrawing the authority of such person and such notice shall operate as a termination of the authority of such person.

(2) Whenever the Minister suspects that a registered medical practitioner or a registered dentist is supplying or prescribing drugs or preparations to or for either himself or any other person otherwise than is properly required for medical or (as the case may be) dental treatment, the Minister may, subject to the provisions of the next following paragraph, refer the matter for investigation to a tribunal (in these Regulations referred to as a reference tribunal) and if, after such investigation, such tribunal so recommends, the Minister may publish a notice in the Iris Oifigiúil withdrawing the authority of such practitioner or dentist (as the case may be) to supply, procure or be in possession of drugs or preparations and any such notice shall operate as a termination of such authority.

(3) Where the Minister proposes to refer a matter to a reference tribunal under the immediately preceding paragraph, the following provisions shall have effect, that is to say—

(a) the Minister shall before referring the matter cause to be served on the registered medical practitioner or registered dentist concerned by registered letter addressed to him at his last known place of abode, a full statement of the facts and grounds on which the Minister proposes to refer his case to such reference tribunal and a request that such medical practitioner or dentist submit within ten days after such service to the Minister any statement which he may wish to make on his case,

(b) after consideration of any statements so submitted or after the expiration of the said ten days, the Minister may refer the case to such tribunal for investigation, and, if he does so, shall furnish to such tribunal copies of the statement of the facts and grounds which was sent to such medical practitioner or dentist and of any statements submitted to the Minister by such medical practitioner or dentist.

(4) A reference tribunal shall be constituted in accordance with the provisions contained in Part I of the Fourth Schedule to these Regulations and the rules contained in Part II of the said Schedule shall govern the procedure of reference tribunals.

(5) Whenever the authority of a person who is a registered medical practitioner, a registered dentist, or a registered veterinary surgeon is withdrawn under this Regulation, the Minister may include in the notice in the Iris Oifigiúil withdrawing such authority a direction that such person shall not give prescriptions for the purposes of these Regulations and any such direction shall operate as if it were a prohibition imposed by these Regulations on such person from giving such prescriptions.

(6) Nothing in this Regulation shall be taken to prejudice any power otherwise vested in the Minister of withdrawing any authority granted by him.

18. Every prescription shall—

(a) be in writing and be signed with his usual signature and dated by the person giving such prescription;

(b) except in the case of a health insurance prescription, specify the address of the person giving such prescription;

(c) specify the name and address of the person for whose treatment it is given or, if given by a registered veterinary surgeon, of the person to whom the article prescribed is to be delivered;

(d) have written thereon, if given by a registered dentist, the words "For local dental treatment only," and if given by a veterinary surgeon, the words "For animal treatment only"; and

(e) specify, if it prescribes a preparation contained, or compounded of preparations all of which are contained, in the Saorstát Eireann Pharmacopoeia, or the British Pharmaceutical Codex, the total amount of the preparation or of each preparation, as the case may be, and in any other case the total amount of the drug to be supplied.

19.—(1) No person shall supply any drug or preparation on a prescription unless—

(a) such prescription complies with the provisions of the immediately preceding Regulation, and

(b) in the case of a health insurance prescription, he has no reason to suspect that it is not genuine, and

(c) in the case of any other prescription, he either—

(i) is acquainted with the signature of the person by whom such prescription purports to have been given and has no reason to suppose that such prescription is not genuine, or

(ii) has taken reasonably sufficient steps to satisfy himself that such prescription is genuine.

(2) If a prescription expressly states that it may, subject to the lapse of a specified interval, be dispensed a second time, the drug or preparation thereby prescribed may be supplied a second time after the specified interval.

(3) If a prescription expressly states that it may, subject to the lapse of specified intervals be dispensed three times, the drug or preparation thereby prescribed may be supplied a second and a third time after the specified intervals.

(4) Subject to the provisions of the two immediately preceding paragraphs of this Regulation, a prescription shall not for the purposes of these Regulations be taken to authorise the drug or preparation prescribed to be supplied more than once.

(5) Every person dispensing a prescription shall—

(a) at the time of dispensing such prescription, mark thereon the date on which it is dispensed, and

(b) in the case of a prescription which under this Regulation is being dispensed a second or a third time, the date of such second or third dispensing, and

(c) unless such prescription is a health insurance prescription, retain it and keep it available for inspection on the premises where it is dispensed.

20. No person shall—

(a) supply any drug unless the package or bottle in which it is contained is plainly marked with the amount of the drug contained therein, nor

(b) supply any preparation, unless either—

(i) such preparation is lawfully supplied in accordance with these Regulations by or on a prescription lawfully given by a registered medical practitioner, or

(ii) the package or bottle in which such preparation is contained is plainly marked—

(I) in the case of a powder, solution, or ointment, with the total amount thereof in the package or bottle and the percentage of the drug contained in such powder, solution or ointment, or

(II) in the case of tablets or other similar articles, with the amount of the drug in each article and the number of articles in the package or bottle.

21.—(1) Subject to the provisions of this Regulation, every person who is authorised to supply drugs or preparations shall, in accordance with the following provisions, keep a register or registers and enter therein true particulars in relation to all drugs and preparations obtained or supplied (whether to a person within or outside Saorstát Eireann) by him, that is to say—

(a) either one register or more than one may be kept and in the former case a separate part of such register and in the latter case a separate register shall be reserved for entries in respect of each of the following classes of drugs, and preparations, that is to say—

(i) cocaine and ecgonine, and preparation containing cocaine or ecgonine,

(ii) morphine, and preparations containing morphine,

(iii) diacetylmorphine, and preparations containing diacetylmorphine,

(iv) medicinal opium,

(v) extracts or tinctures of Indian hemp,

(vi) dihydro-oxycodeinone, and preparations containing dihydro-oxycodeinone,

(vii) dihydrocodeinone, and preparations containing dihydrocodeinone;

(b) in the case of a business carried on at more than one set of premises, a separate register (or a separate set of registers) shall be kept in respect of each such set of premises and in the case of a business made up of different departments, a separate register (or a separate set of registers) may, with the approval of the Minister, be kept in respect of each department;

(c) each separate part of a register (or, as the case may be, each separate register) shall be divided into two sub-parts for entries respectively of drugs and preparations obtained and drugs and preparations supplied and the said sub-parts shall be in the forms respectively set out in Parts I and II of the Fifth Schedule to these Regulations;

(d) an entry in respect of any drug or preparation obtained or supplied shall be made in the appropriate sub-part of the appropriate register and shall consist of the particulars indicated by the form of such sub-part of such register;

(e) every such entry shall be made, in the case of obtaining a drug or preparation, on the day such drug or preparation is received or, if that is not reasonably practicable, on the next following day and, in the case of supplying a drug or preparation, on the day on which the transaction in question is effected or, if that is not reasonably practicable, on the next following day;

(f) no cancellation, obliteration, or alteration shall be made of an entry in a register, and any correction of an entry shall be made by way of marginal or footnote specifying the date thereof;

(g) a register shall not be used for any purpose save for the purposes of these Regulations or for the purpose of complying with Section 2 of the Poisons (Ireland) Act, 1870;

(h) every entry made in a register and every correction of such an entry shall be made in ink or otherwise so as to be indelible;

(i) each register shall be kept on the premises to which it relates or (as the case may be) where the prescription in question was dispensed and shall be kept at all times available for inspection.

(2) So much of paragraph (1) of this Regulation as requires a person to enter in a register particulars with respect to drugs or preparations supplied by him shall not apply to—

(a) a registered medical practitioner who enters in a day book particulars of every drug or preparation supplied by him to any person, together with the name and address of that person and the date of supply, and enters in a separate book kept for the purposes of this Regulation a proper reference to each entry in the day book which relates to the supply of any drug or preparation; or

(b) to a person keeping open shop for the sale of poisons who enters in a separate book kept for the purposes of this Regulation a proper reference to each entry in a poisons book which relates to the supply of any drug or preparation.

In this paragraph—

the expression "proper reference" means a reference which is entered in a separate book under the same date as that on which the relevant entry in a day book or a poisons book was made and is otherwise such as to enable that entry to be easily identified.

(3) References in a separate book kept under this Regulation shall be made in chronological order and the book shall be kept in separate parts relating respectively to each of the several classes of drugs and preparations specified in clause (a) of paragraph (1) of this Regulation and shall not be used for any purposes other than the purposes of paragraph (2) of this Regulation.

(4) Entries in a day book or a separate book kept under this Regulation shall be made either on the day on which the drug or preparation in question was supplied or, if that is not reasonably practicable, on the next following day.

(5) No cancellation, obliteration or alteration shall be made of any entry in any day book or separate book kept under this Regulation, and any correction of an entry shall be made by way of marginal or footnote specifying the date thereof.

(6) Every entry made in any day book or separate book kept under this Regulation and every correction of any such entry shall be made in ink or otherwise so as to be indelible.

(7) Every day book and separate book kept under this Regulation and every poisons book containing an entry referred to in a separate book shall be kept on the premises to which it relates or (as the case may be) where the prescription in question was dispensed and shall be kept at all times available for inspection.

(8) For the purposes of this Regulation a dangerous drug administered by, or under the direct supervision and in the presence of, a registered medical practitioner or a registered dentist shall not be deemed to have been supplied by him.

(9) In this Regulation the expression "poisons book" means either of the books required to be kept under Section 2 of the Poisons (Ireland) Act, 1870.

22. Every person authorised to supply drugs or preparations shall, on demand by the Minister or any person empowered in that behalf by order in writing by the Minister, furnish to the Minister or that person, as the case may be, such particulars as the Minister or that person may require with respect to the obtaining or supplying by such first-mentioned person of any drug or preparation or with respect to any stocks of drugs or preparations in the possession of such first-mentioned person.

23.—(1) Whenever any drugs or preparations, authorised under the law of any country, other than Saorstát Eireann to be exported therefrom to any destination outside Saorstát Eireann, are brought in course of such export to Saorstát Eireann, no person shall, without a licence in that behalf granted by the Minister under sub-section (4) of Section 20 of the Act, cause or procure such drugs or preparations to be diverted to any other destination.

(2) For the purposes of this Regulation, the destination to which any drugs or preparation are authorised to be exported shall be taken to be the destination stated in the authority for the export thereof from the country of export.

24.—(1) The Master of any Saorstát Eireann ship which does not carry on board as part of her complement a registered medical practitioner is hereby authorised—

(a) so far as is necessary for the purpose of compliance with the Acts relating to merchant shipping, to be in possession of drugs and preparations, and

(b) subject to and in accordance with any conditions imposed by the Minister and any instructions issued by the Minister for Industry and Commerce, to supply drugs and preparations to any member of his crew.

(2) Whenever any drug or preparation is supplied under this Regulation to a member of the crew of any Saorstát Eireann ship, the entry in the official log-book, in accordance with paragraph (5) of Section 240 of the Merchant Shipping Act, 1894, of the medical treatment adopted, shall, notwithstanding anything contained in these Regulations, be a sufficient record of such supply if such entry specifies the drug or preparation supplied.

(3) The Master of any ship, which is not a Saorstát Eireann ship, for the time being in port in Saorstát Eireann is hereby authorised to purchase and be in possession of such quantities of drugs and preparations as may be specified by the medical officer of health of such port or, in his absence, by the assistant medical officer of health, to be necessary for the equipment of such ship until it reaches its home port.

(4) Any person who supplies a drug or preparation in accordance with a certificate under the immediately preceding paragraph shall retain such certificate and mark it with the date of such supply and shall keep it on his premises so as to be available for inspection.

(5) Each of the following ships shall be a Saorstát Eireann ship for the purposes of this Regulation, that is to say—

(a) a ship registered in Saorstát Eireann under the Merchant Shipping Acts, 1894 to 1933,

(b) a ship, the owner or, if there is more than one owner, the managing owner of which, resides or has his principal place of business in Saorstát Eireann.

25. All registers, records, books, prescriptions and other documents which are kept, issued or made in pursuance of the requirements or for the purposes of these Regulations shall be preserved in the case of a register, book or other like record, for a period of two years from the date on which the last entry is made therein, and in the case of any other document for a period of two years from the date on which it is issued or made.

26. The Minister may, subject to such conditions as he may think fit, exempt any hospital or other public institution from any provision of these Regulations.

FIRST SCHEDULE

FORM OF IMPORT PERMIT UNDER SECTION 18 of THE DANGEROUS DRUGS ACT, 1934 .

DANGEROUS DRUGS ACT, 1934 .

IMPORT PERMIT

In pursuance of sub-section (2) of Section 18 of the Dangerous Drugs Act, 1934 (No. 1 of 1934), the Minister for Justice hereby grants to

(a)............................................................ ................................................

............................................................ .....................................................

this permit to import into Saorstát Eireann

from (b) ............................................................ ........................................

from (c) ............................................................ ........................................

through (d) ............................................................ ....................................

before the...........day of................, 19................, the consignment specified

in the Schedule hereto, subject to the following conditions:—

1. The permit does not authorise the importer to be in possession of or to supply the drugs specified in the said Schedule.

2. The permit does not relieve the importer from compliance with any Customs regulations in force for the time being relating to the importation of goods into or transhipment of goods in Saorstát Eireann, or any Post Office regulations for the time being in force in Saorstát Eireann.

3. The permit is valid only for the importer and may be revoked at any time by the Minister for Justice. It shall be produced for inspection when required by any person duly authorised under the said Act.

4. The permit shall be surrendered to the Customs Officer at the time of importation, or, if the importation is not effected before the..................day of ..............., 19......, shall immediately after that date be surrendered to the Minister for Justice.

(a) Name and address of importer.

(b) Name and address of exporter.

(c) Country from which the consignment is to be imported.

(d) Name of port or place in Saorstát Eireann through which the consignment is to be imported.

SCHEDULE.

(Quantity and description of drugs to be imported.)

ENDORSEMENT BY CUSTOMS OFFICER

AT THE TIME OF IMPORTATION

I hereby certify that the person named overleaf has to-day imported the consignment thereon specified*

† ex ‡ ‡.......................................................under Customs Entry No........

Dated............................................................ .......................................

† by registered parcel post or insured box post (Parcel No.........................

Dated .................

Signature of Customs Officer ............................................................ ....

If the whole consignment for which the permit has been granted is not imported, the Customs Officer should suitably amend the certificate above, and insert below the actual amount of items imported.

* See note below.

† Strike out all words inapplicable.

‡ Insert name of ship.

This permit must be endorsed by the Customs Officer and returned immediately to:—

SECOND SCHEDULE

FORMS OF EXPORT PERMIT UNDER SECTION 19 of THE DANGEROUS DRUGS ACT, 1934 .

DANGEROUS DRUGS ACT, 1934

EXPORT PERMIT

In pursuance of sub-section (2) of Section 19 of the Dangerous Drugs Act, 1934 (No. 1 of 1934), the Minister for Justice hereby grants to

(a)............................................................ .................................................

............................................................ .....................................................

this permit to export from (b) ............................................................ ..........

............................................................ .....................................................

to (c) ............................................................ ............................................

to (d) ............................................................ ............................................

before the ..................... day of .......................................,. 19............, the consignment specified in the Schedule hereto, subject to the following conditions:—

1. The permit does not relieve the exporter from compliance with any Customs regulations in force for the time being relating to the exportation of goods from Saorstát Eireann or from any provision of the Post Office Acts, 1908 and 1920, or Post Office Regulations for the time being in force, or from any rules or regulations respecting the transmission of articles by post which may for the time being be in force whether within Saorstát Eireann or in the countries or places to which such goods may be addressed.

2. The permit does not authorise the exporter to be supplied with, or be in possession of, the drugs specified in the Schedule.

3. The exporter, if so required by the Revenue Commissioners, shall produce to them, within such time as they may allow, proof to their satisfaction that the said goods were duly delivered at the destination named in this permit; and in the event of non-compliance with this condition, the permit shall be deemed void and of no effect.

4. The exporter shall make, on the form provided for the purpose, a return at the end of each quarter to the Secretary, Department of Justice, Dublin, of all exports by him during the quarter of any such drugs whether in pursuance of this or any other permit granted to him.

5. This permit shall be produced for inspection when required by any person duly authorised under the said Act.

6. This permit, if not used or if used for the export of a part only of the quantity authorised, shall be returned to the Secretary, Department of Justice, Dublin, within seven days of the date of its expiry.

(a) Name and address of exporter.

(b) Port or place in Saorstát Eireann from which the consignment is to exported.

(c) Name and address of importer.

(d) Country to which the consignment is to be exported.

SCHEDULE

(Quantity and description of drugs to be exported.)

Date.............................................

THIRD SCHEDULE.

EXEMPTED PREPARATIONS

Pulv. Ipecac et Opii, B.P. 1932.

Cocaine Eyedrops—a preparation consisting of cocaine in castor oil with mercuric chloride in a proportion of not more than one part in two hundred of cocaine and not less than one part in three thousand of mercuric chloride.

FOURTH SCHEDULE

REFERENCE TRIBUNALS

PART I

CONSTITUTION OF REFERENCE TRIBUNALS

1. In the case of an investigation in relation to a registered medical practitioner, a reference tribunal shall consist of—

(a) a chairman, who shall be a practising barrister of not less than ten years standing and shall be appointed by the Minister, and

(b) two other members, who shall be registered medical practitioners and shall be appointed by the Minister on nomination of the Medical Registeration Council.

2. In the case of an investigation in relation to a registered dentist; a reference tribunal shall consist of:—

(a) a chairman, who shall be a practising barrister of not less than ten years standing and shall be appointed by the Minister, and

(b) two other members, who shall be registered dentists and shall be appointed by the Minister on the nomination of the Dental Board of Saorstát Eireann.

PART II

RULES OF PROCEDURE OF REFERENCE TRIBUNALS

1. In these Rules—

the word "investigation" means an investigation by a reference tribunal under Regulation 17;

the expression "the tribunal," when used in relation to an investigation, means the reference tribunal appointed to hold such investigation;

the expression "the person concerned," when used in relation to an investigation, means the registered medical practitioner or registered dentist whose conduct is the subject of such investigation.

2. The tribunal shall fix the time (in these rules referred to as the appointed time) and place for the commencement of the investigation and shall notify the Minister and the person concerned of the time and place so fixed.

3. The Minister may be represented at the investigation by a person appointed by him for the purpose.

4. The person concerned may be represented by counsel or solicitor or by any officer or member of any professional society to which he belongs.

5. The tribunal shall be at liberty to proceed with the investigation at the appointed time in the absence of either the Minister or the person concerned, whether represented or not, if they are of opinion that it is just and proper so to do.

6. The tribunal may adjourn the investigation from time to time as they think fit and may hold adjourned sittings at such time and place as may appear to them to be suitable or necessary for the purposes of the case.

7. The investigation shall be opened in public and at any stage thereof the tribunal, if they think fit, may decide to conduct the remainder or any part of the investigation in private.

8. All witnesses called before the tribunal shall be subject to examination and cross-examination as nearly as may be as if they were witnesses in an action at law.

9. Evidence before the tribunal may be given orally or by means of a statutory declaration or signed statement or deposition of a witness, provided that in the latter case, if so required by the Minister or the person concerned or by the tribunal, the deponent shall attend before the tribunal for the purpose of oral examination or cross-examination, or such oral examination or cross-examination may be ordered by the tribunal to be conducted and recorded by such person or in such manner as the tribunal may think right, and the deposition of the witness so examined or cross-examined may thereafter be used and acted on by the tribunal as evidence in the case.

10. The chairman of the tribunal shall preside at the investigation, but, subject to the decision of the chairman as to the admissibility of any question, any member of tribunal may put questions to any witnesses and the tribunal may, if they think fit, examine or obtain the evidence of such witnesses as appear to them likely to afford evidence relevant and material to the due investigationon of the case although not called or tendered by either the Minister or the person concerned.

11. Speeches or addresses by or on behalf of the Minister or the person concerned at the investigation shall be regulated in accordance with the procedure of an action at law.

12. Subject to the foregoing rules the proceedings at the investigation shall be conducted in such way as the tribunal may direct.

13. At the conclusion of the investigation the tribunal shall, as soon as may be, draw up and forward to the Minister a report stating the result of the investigation and their recommendations. The person concerned or his representative shall be informed by the Minister of the result of the investigation and recommendations of the tribunal.

FIFTH SCHEDULE

FORM OF REGISTER

PART I

DRUGS OR PREPARATIONS OBTAINED

(The class of drugs and preparations to which the entries relate to be specified at the head of each page in the Register.)

PART II

DRUGS OR PREPARATIONS SUPPLIED

(The class of drugs and preparations to which the entries relate to be specified at the head of each page in the Register.)

Given under my Seal of Office, this 6th day of April,

1937.

(Signed) P. J. RUTTLEDGE,

Minister for Justice.

(Signed) S. A. ROCHE.