Poisons (Northern Ireland) Order 1976

PART I N.I. INTRODUCTORY

Title and commencement N.I.

1.—(1) This Order may be cited as the Poisons (Northern Ireland) Order 1976.

(2) Commencement

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

• “the Department” means the Department of Health and Social Services;

• “district council's register” has the meaning assigned to it by Article 4(3)(b);

• “fully registered person” has the meaning assigned to it by[F1 section 55 of the Medical Act 1983];

• “the Medicines Act” means the Medicines Act 1968 [1968 c.67] ;

• “methylated ether” includes any ether manufactured from methylated spirits or from industrial spirits and preparations containing methylated ether;

• “person lawfully conducting a retail pharmacy business” shall be construed in accordance with section 69 of the Medicines Act;

• “pharmacist” means a person who is, or is deemed to be, a pharmacist for the purposes of any provision of the Medicines Act [F2 or the Human Medicines Regulations 2012];

• “the Poisons Inspector” means an inspector appointed under Article 16(1);

• “the Poisons List” has the meaning assigned to it by Article 4(8);

• “prescribe” means prescribe by regulations;

• Definition rep. by 1991 NI 7

• “registered” means—

  (a)

  in relation to a pharmacist, registered in the appropriate register under Article 6 of the Pharmacy (Northern Ireland) Order 1976 [1976 NI 22] ;

  (b)

  in relation to a dentist, registered in pursuance of the Dentists Act 1957 [1957 c.28] ;

  (c)

  in relation to a veterinary practitioner, registered in pursuance of the Veterinery Surgeons Act 1966 [1966 c.36] in the supplementary veterinary register;

  (d)

  in relation to a veterinary surgeon, registered in pursuance of the said Act of 1966;

  (e)

  in relation to a person registered under Article 7 as a person entitled to sell non-medicinal poisons included in Part II of the Poisons List, registered in pursuance of that Article;

• “registered dentist” includes a body corporate entitled to carry on the business of dentistry;

• “registered pharmacy” has the meaning assigned to it by section 74 of the Medicines Act;

• “regulations” means regulations made by the Department subject to negative resolution;

• “retail pharmacy business” has the meaning assigned to it by [F3 regulation 8(1) of the Human Medicines Regulations 2012];

• “sale by way of wholesale dealing” means sale to a person who buys for the purpose of selling again.

(3) In this Order, “non-medicinal poison” means a substance which is included in Part I or Part II of the Poisons List and is neither—

(a) a medicinal product as defined in section 130 of the Medicines Act; nor

(b) a substance in relation to which, by virtue of an order under section 104 or 105 of that Act (and whether, in the case of an order under section 104 of that Act, it is referred to in the order as a substance or as an article), the provisions of sections 51 to 54 and 69 to 77 of that Act (whether subject to exceptions and modifications or not and with or without other provisions of that Act) have effect as they have effect in relation to medicinal products as so defined.

F1 1983 c. 54

F2 Words in art. 2(2) inserted (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 48(a) (with Sch. 32)

F3 Words in art. 2(2) substituted (14.8.2012) by virtue of The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 48(b) (with Sch. 32)