PART 8

Miscellaneous and General

Restriction of Apothecaries’ Hall Act 1791.

73 .— The powers conferred by the Apothecaries’ Hall Act 1791—

(a) upon the court of directors constituted by that Act, to inspect and direct all chemical and compound preparations and experiments,

(b) to provide for or concerning the composition of medicines, and

(c) to examine apprentices and journeymen for the purposes of their learning and transacting the business of apothecaries and to certify them as qualified for those purposes,

shall cease to be exercisable.

Amendment of Poisons Act 1961.

74 .— (1) Section 14 of the Poisons Act 1961 is amended by inserting the following after subsection (3)—

“(3A) The Minister may not, however, declare a substance whose sole use is as a medicinal product within the meaning of section 2 (1) of the Pharmacy Act 2007 to be a poison for the purposes of the regulations made under subsection (2) or any provision of those regulations.”.

(2) The Poisons Act 1961 is amended by inserting the following after section 18—

“Keeping of open shop for sale of poisons.

18A.— (1) A person who, otherwise than in compliance with subsections (3) or (4), keeps open shop for the sale of poisons commits an offence.

(2) Subsection (1) does not apply in relation to the keeping of open shop by a person of a class specified in regulations under section 14 who is keeping open shop in accordance with those regulations.

(3) This subsection is complied with if—

(a) the person referred to in subsection (1) is—

(i) a registered pharmacist,

(ii) a registered druggist,

(iii) the personal representative of a person who, at the time of his or her death, was lawfully keeping open shop for the sale of poisons,

(iv) the Official Assignee or committee of a person lawfully keeping open shop for the sale of poisons who is adjudicated bankrupt or becomes an arranging debtor within the meaning of section 3 of the Bankruptcy Act 1988 or becomes of unsound mind, or

(v) a corporate body,

and

(b) the shop is personally managed by a registered pharmacist or registered druggist.

(4) The Council of the Pharmaceutical Society of Ireland shall, with the approval of the Minister, make such rules as it considers appropriate for the purpose of facilitating the operation of and compliance with subsections (1) to (4); and those rules may include provision for—

(a) the keeping of records in relation to the premises where open shop is kept for the sale of poisons and in relation to persons employed in such shops, and

(b) the furnishing of statements and returns.

(5) Subsection (4) of section 11 of the Pharmacy Act 2007 shall apply in relation to rules made under subsection (4) of this section as it applies to rules made under subsections (2) or (3) of that section.

(6) A person guilty of an offence under this section shall, on summary conviction, be liable to the same penalty as is provided for, on summary conviction, in section 72 (1) of the Pharmacy Act 2007.

(7) Section 72 (2) and (3) of the Pharmacy Act 2007 apply in respect of an offence under this section as they apply to an offence under that Act.”.

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

75 .— (1) Any reference (however expressed) in a prior enactment to a pharmaceutical chemist registered under the Pharmacy Act (Ireland) 1875 or a dispensing chemist and druggist registered under the Pharmacy Act 1951 shall be construed as a reference to a registered pharmacist.

(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.

(3) In this section—

“prior enactment” means an enactment passed or made before the coming into operation of this section;

“representative of a registered pharmacist” shall be construed in accordance with sections 25 and 26 .

Codes, rules and regulations.

76 .— (1) A code of conduct having effect under sections 7 (2)(a)(iii) and 12 , rules made under section 11 , 30 or 74 and regulations made under section 18 (4) shall be laid before each House of the Oireachtas as soon as practicable after it has effect or, as the case may be, they are made.

(2) If a resolution annulling those regulations is passed by either such House within the next 21 days on which that House has sat after the regulations were laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulations.

(3) A draft of every proposed order under section 8 shall be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving of the draft has been passed by each such House.