S.I. No. 31/1979 - Misuse of Drugs (Committees of Inquiry, Advisory Committees and Advisory Panels) Regulations, 1979.

S.I. No. 31 of 1979.

MISUSE OF DRUGS (COMMITTEES OF INQUIRY, ADVISORY COMMITTEES AND ADVISORY PANELS) REGULATIONS, 1979.

The Minister for Health, in exercise of the powers conferred on him by sections 8 , 9 , 10 , 12 and 38 of the Misuse of Drugs Act, 1977 (No. 12 of 1977), after consultation with the Dental Board, the Medical Registration Council and the Veterinary Council hereby makes the following Regulations:—

Part I General

1. These Regulations may be cited as the Misuse of Drugs (Committees of Inquiry, Advisory Committees and Advisory Panels) Regulations, 1979.

2. These Regulations shall come into operation on the 1st day of May, 1979.

3. (1) In these Regulations "the Act" means the Misuse of Drugs Act, 1977 .

(2) In these Regulations any reference to an article shall be construed as a reference to an article of 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.

Part II Committee of Inquiry

4. (1) A committee of inquiry established under section 8 or section 10 of the Act shall consist of five persons, appointed by the registration authority, of whom—

( a ) one (being the chairman) shall be nominated by the Minister;

( b ) two shall be persons appointed from a panel of members of the respondent's profession nominated by the relevant bodies specified in sub-article (2); and

( c ) two shall be persons appointed from a panel of members of the respondent's profession nominated by the Minister.

(2) The relevant bodies referred to in sub-article (1) (b) are the registration authority concerned and such other organisations as are in the opinion of the Minister representative of the profession to which the respondent belongs.

5. The quorum for a committee of inquiry shall be three.

6. Any question arising before a committee of inquiry shall be decided by the majority of the members of the committee who are present and, in case of an equality of votes on any question, the chairman shall have a second or casting vote.

7. A committee of inquiry may act notwithstanding any vacancy among its members.

8. (1) As soon as may be after a committee of inquiry is established the registration authority concerned shall submit to the chairman a statement of the grounds for the investigation. The registration authority shall at the same time send a copy of the said statement to the respondent inviting him to submit to the committee in writing, within fourteen days commencing on the date on which the statement is issued, observations which he may wish to make in relation to the investigation.

(2) On the expiry of fourteen days from the date on which the aforementioned statement is issued the chairman shall convene a meeting of the committee of inquiry to take place not later than twenty eight days from such date.

(3) The chairman shall notify the respondent of the time and place of such meeting and shall acquaint him of his right to appear in person before the committee or to be represented or assisted by another person.

9. The proceedings of a committee of inquiry shall be held in private.

10. Subject to the provisions of articles 5 to 9 a committee of inquiry shall regulate its own procedure.

11. The Minister shall appoint a person to act as secretary to the committee of inquiry.

Part III Advisory Committee

12. (1) An advisory committee established under section 8 of the Act shall consist of three persons, appointed by the registration authority, of whom—

( a ) one (being the chairman of the committee) shall be nominated by the Minister;

( b ) one shall be a person, being a member of the respondent's profession, appointed by the Minister; and

( c ) one shall be a person appointed from the panel of members of the respondent's profession referred to in article 4(1)(b).

13. A person who was a member of a committee of inquiry investigating a particular case shall not be eligible to act on an advisory committee investigating the same case.

14. Any question arising before an advisory committee shall be decided by the majority of the members of the committee.

15. (1) As soon as may be after an advisory committee is established the registration authority concerned shall submit to the chairman a statement containing the findings and recommendation of the committee of inquiry, the terms of the special direction the Minister proposes to give and a statement of the representations made pursuant to section 8(5) of the Act.

(2) On the expiry of seven days from the date on which the aforementioned statement is issued the chairman shall convene a meeting of the advisory committee to take place not later than fourteen days from such date.

16. The proceedings of an advisory committee shall be held in private.

17. Subject to the provisions of articles 13 to 16 an advisory committee shall regulate its own procedure.

18. The Minister shall appoint a person to act as secretary to the advisory committee.

Part IV Advisory Panel

19. If the Minister considers that there are grounds for giving a temporary direction he shall forthwith convene a meeting of an advisory panel constituted for the purpose under section 9 of the Act.

20. An advisory panel shall consist of a chairman appointed by the Minister and two other members appointed by the Minister from among the members of the respondent's profession after consultation with one or more of the relevant bodies referred to in article 4(2) as the Minister considers appropriate in the particular case.

21. As soon as may be after an advisory panel is established the Minister shall submit to the chairman a statement of the grounds on which he considers a temporary direction should be given. The Minister shall at the same time send a copy of the said statement to the respondent and shall notify him of the time and place of the meeting of the advisory panel and of his right to appear in person before the panel or to be represented or assisted by another person.

22. Any question arising before an advisory panel shall be decided by the majority of the members of the panel.

23. The proceedings of an advisory panel shall be held in private.

24. Subject to the provisions of articles 22 and 23 an advisory panel shall regulate its own procedure.

25. The Minister shall appoint a person to act as secretary to the advisory panel.

GIVEN under the Official Seal of the Minister for Health this 8th day of February, 1979.

CHARLES J. HAUGHEY,

Minister for Health.

EXPLANATORY NOTE.

These regulations set out the constitution and procedure of the committees of inquiry, advisory committees and advisory panels established in connection with the investigation of cases of irresponsible prescribing etc. under sections 8 to 10 of the Misuse of Drugs Act, 1977 .