Misuse of Drugs Act, 1977

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Investigation of cases where Minister considers there are grounds for special direction.

8.—(1) If the Minister considers that there are grounds for giving a special direction, he shall refer the matter for investigation—

(a) in case the practitioner concerned is a registered dentist, to the Dental Board,

(b) in case the practitioner concerned is a registered medical practitioner, to the Medical Registration Council,

(c) in case the practitioner concerned is a registered veterinary surgeon, to the Veterinary Council,

provided that if the practitioner concerned is a member of more than one of the aforementioned professions, the Minister shall not refer the matter for investigation to more than one of the aforementioned bodies.

(2) Where the Minister refers under subsection (1) of this section a matter for investigation, the registration authority concerned shall forthwith establish a committee of inquiry, constituted for the purpose in accordance with any regulations made pursuant to section 12 of this Act which apply to it, and it shall be the duty of the committee so established to investigate the case and report on it to the Minister.

(3) Where a committee of inquiry established pursuant to subsection (2) of this section finds that there has been no such conduct by the respondent as is mentioned in section 7 (1) of this Act or finds that there has been such conduct by the respondent but does not recommend the giving of a special direction in respect of him, the Minister shall cause to be given to the respondent a notice stating that the matter has been considered by the committee and that they do not recommend the giving of such a special direction.

(4) Where a committee of inquiry established pursuant to subsection (2) of this section finds that there has been such conduct by the respondent as is mentioned in section 7 (1) of this Act and considers that a special direction should be given in respect of him, the committee shall include in its report to the Minister a recommendation to that effect together with a recommendation either indicating the controlled drugs which the committee considers should be specified in the direction or indicating that such direction should apply to all controlled drugs.

(5) Where a committee of inquiry makes a recommendation pursuant to subsection (4) of this section, the Minister shall cause a notice to be given to the respondent stating whether he proposes to give a special direction pursuant to the recommendation, and where he does so propose the notice shall—

(a) set out the terms of the proposed special direction, and

(b) inform the respondent that consideration will be given to any representations relating to the case which are made by him, or on his behalf, in writing to, and received by, the Minister within a period of twenty-eight days commencing on the date on which the notice is given.

(6) If any representations in writing are received by the Minister from or on behalf of a respondent within the period mentioned in subsection (5) of this section, the Minister shall refer the case to the registration authority by which the committee of inquiry was established.

(7) Where the Minister refers a case to a registration authority pursuant to subsection (6) of this section, the authority shall forthwith establish an advisory committee constituted for the purpose in accordance with any regulations made pursuant to section 12 of this Act which apply to it, and it shall be the duty of the advisory committee so established to consider the case and the representations made to the Minister and to advise the Minister as to the exercise by him of the powers specified in subsection (8) of this section.

(8) Where the period for making representations under this section has expired, and as regards a case in which the Minister has made a reference under subsection (6) of this section, he has considered the advice of the advisory committee established pursuant to subsection (7) of this section, the Minister may—

(a) give in respect of the respondent a special direction specifying all or any of the controlled drugs indicated in a recommendation relating to the case of a committee of inquiry, or

(b) order that the case be referred back to the committee of inquiry or referred to the registration authority concerned for reference to a new committee of inquiry established pursuant to this Act and constituted in accordance with any regulations under section 12 of this Act which apply to it, or

(c) decide not to give a special direction,

and in case the Minister pursuant to this section decides not to give a special direction he shall notify the respondent accordingly.

(9) Where a case is referred back to a committee of inquiry pursuant to subsection (8) of this section, it shall be the duty of the committee to reconsider the case and to advise further the Minister as to the exercise by him, pursuant to this subsection, of the powers specified in paragraphs (a) and (c) of subsection (8) of this section, and in case the committee in reconsidering the case makes or gives any finding, recommendation or advice which differs from a finding, recommendation or advice previously made or given by it in the case, such of the provisions of subsections (3) to (8) of this section as are appropriate in the particular circumstances shall apply in the same manner as if the finding, recommendation or advice was being made or given by the committee in the first instance.

(10) Where a case referred pursuant to subsection (8) of this section for reference to a new committee of inquiry is considered by that committee of inquiry, subsections (2) to (8) of this section shall apply as if the case had been referred to the committee under subsection (2) of this section and when considering the case the committee shall disregard any finding, recommendation or advice previously made or given in respect of the case pursuant to this section.

(11) Where the Minister gives a special direction or makes an order pursuant to subsection (8) of this section, he shall as soon as may be cause a copy of the special direction or order, as the case may be, to be served on the respondent, and in the case of a special direction he shall in addition cause to be published in the Iris Oifigiúil, and in such other manner (if any) as the Minister may consider appropriate, a copy of the direction.