S.I. No. 66/1937 - Dangerous Drugs Act, 1934 (Application of Part IV To Methylmorphine and Ethylmorphine) Order, 1937.

SAORSTÁT EIREANN. STATUTORY RULES AND ORDERS. 1937. No. 66.

DANGEROUS DRUGS ACT, 1934 (APPLICATION OF PART IV TO METHYLMORPHINE AND ETHYLMORPHINE) ORDER, 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 21 of the said Act that Part V of the said Act applies to the following drugs, that is to say:—

(a) methylmorphine (commonly known as codeine) and its salts ;

(b) ethylmorphine (commonly known as dionin) and its salts :

AND WHEREAS it is enacted by sub-section (1) of Section 22 of the said Act that the Executive Council may at any time by order under the said sub-section declare that Part IV (that is to say Sections 17, 18, 19 and 20) of the said Act shall, with such modifications as may be specified in such order, apply to any drug to which Part V of the said Act applies:

NOW, THEREFORE, the Executive Council, in exercise of the powers conferred on them by sub-section (1) of Section 22 of the Dangerous Drugs Act, 1934 (No. 1 of 1934), and of every and any other power them in this behalf enabling, hereby order as follows, that is to say:—

1.—(1) This Order may be cited as the Dangerous Drugs Act, 1934 (Application of Part IV to Methylmorphine and Ethylmorphine) Order, 1937.

(2) This Order shall come into operation on the 1st day of June, 1937.

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

3. In this Order the expression "the Act" means the Dangerous Drugs Act, 1934 (No. 1 of 1934).

4. It is hereby declared that Part IV of the Act shall apply to all drugs to which Part V of the Act applies, subject however to the following modifications, that is to say:—

(a) Section 17 of the Act shall not apply;

(b) the power conferred on the Minister for Justice by subsection (1) of Section 20 of the Act to make regulations for controlling or restricting the manufacture, sale, possession and distribution of drugs to which Part IV of the Act applies shall be exercisable—

(i) in relation to sale or distribution of any drug to which the said Part V applies only as respects sale or distribution by a wholesale druggist and, in the case of a wholesale druggist who is also a person entitled, under the Pharmacy Act (Ireland) 1875, as amended by the Pharmacy Act (Ireland) 1875 Amendment Act, 1890, to keep open shop for the sale of poisons, only as respects sale or distribution otherwise than in the course of any retail business carried on by him,

(ii) in relation to possession of any drug to which the said Part V applies only as respects possession thereof in a quantity exceeding one pound avoirdupois;

(c) sub-section (2) of Section 20 of the Act shall not apply.

(2) For the purposes of this Article—

the expression "retail business" means the business of retailing or dispensing or compounding drugs carried on at a shop;

the expression "wholesale druggist" means a person who carries on the business of selling drugs to persons who buy to sell again.

DUBLIN:

Dated this 9th day of April, 1937.