§ Lords Amendment No. 177: In page 129, line 7, at end insert:
§
'The Pharmacy and Poisons Act 1933 (c. 25)
. In section 17(2), for the words from 'those poisons' to 'authorised seller of poisons', in each place where those words occur, there shall be substituted the words ' those substances which, where they are non-medicinal poisons, are by virtue and subject to the provisions of this Act prohibited from being sold except by a person lawfully conducting a retail pharmacy business'.
. In section 18, subsection (1), for paragraphs (a) and (b) there shall be substituted the following paragraphs:—
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and in paragraph (c), for the words 'poison, whether' there shall be substituted the words 'non-medicinal poison, whether it is a substance'; and in subsection (2), for the word 'poison', in the first place where it occurs, there shall be substituted the words 'non-medicinal poison which is a substance'.
. In section 21, in subsection (1), for the words from 'who, not being entitled to sell poisons included in Part I' to 'such poisons on those premises', there shall be substituted the words 'as being persons entitled, on premises in respect of which their names are entered in the list, to sell non-medicinal poisons which are substances included in Part II of the Poisons List, and shall enter in the list the name of any person who, having premises in the area of the authority, makes an application to the local authority in the form prescribed by rules to have his name entered in the list in respect of those premises'; and in subsection (3), for the words from 'on which' to 'the said Part II' there shall be substituted the words 'in respect of which the name of any person is entered in the list'.
. In section 22, before the word 'poison' there shall be inserted the word 'non-medicinal'.
. In section 23, in subsections (1) and (2), before the word 'poisons' in each place where it occurs (except where the reference is to the 'Poisons Board' or 'the Poisons List ') there shall be inserted the word 'non-medicinal'.
. In section 24, in subsection (2), before the word 'poison' there shall be inserted the word 'non-medicinal'.
. In section 25, in subsection (1), for the words 'registered pharamacists and authorised sellers of poisons' there shall be substituted the words 'pharmacists and persons carrying on a retail pharmacy business'; in subsection (4), for the words 'registered pharmacists and authorised sellers of poisons' there shall be substituted the words 'pharmacists and persons carrying on a retail pharmacy business', for the words 'premises which are on the register of premises' there shall be substituted the words 'registered pharmacy', and for the word 'poisons', in the second and fourth places where it occurs, there shall he substituted the word 'substances'; in subsection (5), after the word 'steps' there shall be inserted '(a)', for the words authorised sellers of poisons' there shall be substituted the words persons lawfully conducting a retail pharmacy business', for the words 'poisons', in the second place where it occurs, there shall be substituted the word 'substances', and for the words 'for that purpose' there shall be substituted the words—
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'(b) to secure compliance with those provisions and rules by persons lawfully conducting a retail pharmacy business, in so far as that business is carried on at premises which are not a registered pharmacy,
and for those purposes '; and in subsection (6), for the word 'poisons', in the first place where it occurs, there shall be substituted the word 'substances'.. In section 29, for the definition of 'pharmacist' there shall be substituted the following—
'"person lawfully conducting a retail pharmacy business" shall be construed in accordance with section 62 of the Medicines Act 1968;
pharmacist" has the meaning assigned to it in relation to Great Britain by section 118(1) of the Medicines Act 1968'.
after the definition of registered dentist' there shall be inserted the words '"registered pharmacy" has the meaning assigned to it by section 67 of the Medicines Act 1968, "retail pharmacy business" has the meaning assigned to it by section 118(1) of that Act', and at the end of section 29 there shall be inserted the following subsection:—
'(2) In this Act "non-medicinal poison" means a substance which is for the time being included in Part I or Part II of the Poisons List and is neither—
§ The Cancer Act 1939 (c. 13)
§ . In section 4, in subsection (4)(a)(v), for the words 'authorised sellers of poisons' there shall he substituted the words 'persons lawfully conducting a retail pharmacy business in accordance with section 62 of the Medicines Act 1968'."
§ Mr. Deputy SpeakerIt would be convenient to take at the same time Lords Amenments Nos. 178, 179, 181, 182, 183 and 186.
§ Mr. SnowI beg to move, That this House doth agree with the Lords in the said Amendment.
The purpose of Amendments 177, 181 and 182 is, broadly, to restrict to non-medical poisons the control-of-sale provisions in Parts II and III of the Pharmacy and Poisons Act, 1933, to repeal the provisions of that Act relating to the conditions that have to be satisfied to be an "authorised seller of poisons" and to secure that persons who, under the Medicines Bill, are lawfully conducting a retail pharmacy business shall be authorised, in relation to non-medicinal poisons, to do everything under the Pharmacy 836 and Poisons Act, 1933, which authorised sellers of poisons can do.
The result is to avoid duplicate registration of pharmacy premises under two Statutes, the conditions being almost identical, and to take medicines containing "poisons" outside the ambit of the poisons legislation, which at present governs them.
The Pharmaceutical Society has agreed that it is unnecessary to preserve, in relation to non-medicinal poisons, the special provisions of Sections 1 and 2 of the Pharmacy and Medicines Act, 1941, which relate to the sale by persons with a retail pharmacy business of certain poisons at premises other than registered pharmacy premises. Such non-pharmacy premises will in future have to be entered in the local authority's list of premises where non-medicinal poisons may be sold.
The purpose of the remaining Amendments is to substitute, in various statutes, a reference to
persons lawfully conducting a retail pharmacy businessin accordance with Clause 62 of the Bill for "authorised sellers of poisons", and to make a number of minor consequential amendments in the Drugs (Prevention of Misuse) Act, 1964 and in Section II of the Dangerous Drugs Act, 1965, substituting references to the Medicines Bill for references to corresponding provisions in various other statutes. In view of the corresponding provisions appearing in Part III and Clause 88 of the Medicines Bill, it has now been found possible to repeal the whole of the Pharmacy and Medicines Act 1941.
§ Question Put and agreed to.
§ Subsequent Lords Amendments agreed to.
§ Lords Amendment No. 180: In page 129, line 28, at end insert:
"The Trade Descriptions Act 1968 (c. 29)
. In section 2, in subsection (2), after the word 'section ' there shall be inserted '(a)', and at the end of the subsection there shall be inserted the following paragraph—'(b) where by virtue of any provision made under Part V of the Medicines Act 1968 (or made under any provisions of the said Part V as applied by an order made under section 96 or section 97 of that Act) anything which, in accordance with this Act, constitutes the application 837 of a trade description to goods is subject to any requirements or restrictions imposed by that provision, any particular description specified in that provision, when applied to goods in circumstances to which those requirements or restrictions arc applicable, shall be deemed not to be a trade description'.
. In section 22, in subsection (2), after the words 'the Food and Drugs Act (Northern Ireland) 1958' there shall be inserted the words 'or the Medicines Act 1968'; in paragraph (b) the word 'and', where it occurs at the end of that paragraph, shall be omitted: and at the end of paragraph (c) there shall be inserted the words and(d) in relation to the said Act of 1968, so much of Schedule 3 to that Act as is applicable to the circumstances in which the sample was procured',and at the end of the subsection there shall be inserted the words or paragraph 25 of Schedule 3 to the said Act of 1968'."
§ Mr. Deputy SpeakerI draw the attention of the House to the correction which appears on the separate paper, in line 2, leave out "subsection (2)" and insert "subsection (5)".
§ Mr. SnowThe first part of this Amendment is concerned with the case where there is a requirement or restriction under Part V of the Medicines Bill as to the use of a specified description. The Amendment has the effect of excluding from the operation of the Trade Descriptions Act, 1968 such a description when used as prescribed, so that compliance with the requirement or restriction under the Medicines Bill will not involve an offence under the Trade Descriptions Act.
The second part of the Amendment, which relates to section 22 of the Trade Descriptions Act, 1968, secures that where proceedings are being taken under that Act in relation to goods, in circumstances where proceedings could also have been taken under the Bill, evidence based on a sample taken for analysis is not to be admissible unless the sampling procedures of Schedule 3 of the Bill have been complied with.
§ Question put and agreed to.
§ Subsequent Lords Amendments agreed to.