Misuse of Drugs (Safe Custody) Regulations, 1982

• Jurisdiction: Ireland
• Citation: IR SI 321/1982
• Year: 1982

S.I. No. 321 of 1982.

MISUSE OF DRUGS (SAFE CUSTODY) REGULATIONS, 1982

The Minister for Health, in exercise of the powers conferred by sections 4 , 5 and 38 of the Misuse of Drugs Act, 1977 (No. 12 of 1977), hereby makes the following Regulations:— 1. These Regulations may be cited as the Misuse of Drugs (Safe Custody) Regulations, 1982. 2. These Regulations shall come into operation on the 1st day of March, 1983. 3. (1) In these Regulations—

"the Principal Regulations" means the Misuse of Drugs Regulations, 1979 ( S.I. No. 32 of 1979 ).

(2) In these Regulations every reference to an article shall, except where the context otherwise indicates, be construed as a reference to an article contained in these Regulations and any reference in an article to a sub-article shall be construed as a reference to a sub-article of that article. 4. (1) Subject to the provisions of these Regulations, a person lawfully having in his possession any controlled drug specified in Schedule 1, 2 or 3 of the Principal Regulations shall ensure that, so far as circumstances permit, such drug is kept in a locked, fixed receptacle which can be opened only by him or by a person authorised by him.

(2) Sub-article (1) shall not apply as respects—

( a ) a person to whom the drug has been supplied by or on the prescription of a practitioner for his own treatment or that of another person or of an animal;

( b ) a person engaged in the business of a carrier when acting in the course of that business;

( c ) a person engaged in conveying the drug to a person authorised by virtue of the Principal Regulations to have that drug in his possession;

( d ) a person engaged in connection with the Postal Services provided by the Minister for Posts and Telegraphs when acting in the course of his duty as a person so engaged. 5. (1) Subject to sub-article (2), a person keeping open shop for the dispensing or compounding of medical prescriptions or for the sale of poisons in accordance with the Pharmacy Acts, 1875 to 1977, shall ensure that any controlled drug specified in Schedule 1, 2 or 3 of the Principal Regulations which he has in his possession is ordinarily kept in a locked safe or cabinet which is so constructed and maintained as to prevent unauthorised access to the drugs.

(2) Subject to article 6, every safe or cabinet in which controlled drugs are kept in pursuance of sub-article (1) shall be constructed and maintained in accordance with a standard which is at least equivalent to the requirements set out in the Schedule to these Regulations. 6. (1) Article 5 (2) shall not apply as respects a safe or cabinet where a certificate has been issued under sub-article (2) in respect of that safe or cabinet and is for the time being in force.

(2) A member of the Garda Síochána, not below the rank of Superintendent, may, on receipt of an application in writing—

( a ) inspect or cause to be inspected any safe or cabinet in which controlled drugs are to be kept and the premises in which such safe or cabinet is located, and

( b ) if such safe or cabinet provides a degree of security which, in his opinion, in all the circumstances of the case, is at least equivalent to that which would be provided by a safe or cabinet which complies with the requirements set out in the Schedule to these Regulations, issue a certificate in respect of that safe or cabinet.

(3) Every certificate issued under sub-article (2) shall specify any conditions which the member of the Garda Síochána considers necessary to ensure that each such safe or cabinet will provide an...