A248
Ord. No. 50/80
(50 of 1980.)
Amendment of
4.
section 25.
PHARMACY AND POISONS (AMENDMENT)
(b) such other persons, whether members of the Board or not, as the Board may appoint to be members thereof,
and any person so appointed shall hold office on such terms and for such period as the Board may determine.
(3) A member of a committee established under this section may resign his office at any time by notice in writing addressed to the Chairman of the Board.
(4) The procedure of every committee established under this section shall be such as the Board may determine.
(5) The establishment of a committee under this section shall be notified by the Board in the Gazette, and such notice shall specify the purpose for which the committee has been established.
(6) The Board may at any time vary, modify or extend the purpose for which any committee has been established under this section and shall notify any such variation, modification or extension in the Gazette; and references in this Ordinance to the purpose for which any such committee has been so established shall be construed as references to such purpose as so varied, modified or extended.
(7) A committee established under this section may be dissolved by the Board at any time and, without prejudice to anything already done by the committee, such dissolution shall be notified by the Board by notice in the Gazette and shall take effect on the date of publication of the notice.
(8) Where any regulations made under section 29 pro- vide for the performance by a committee established under this section of any functions referred to in subsection (1) and such committee has not been so established at the com- mencement of the regulations or is dissolved under this section, the regulations shall have effect, until such com- mittee has been so established or, as the case may be, such functions are vested under this Ordinance in another com- mittee established under this section, as if for references to such committee there were substituted references to the Board.
(9) A committee existing at the commencement of the Pharmacy and Poisons (Amendment) Ordinance 1980 which was established prior to the commencement of that Ordin- ance by regulations made under section 29 for the purpose of performing any functions referred to in subsection (1) shall be deemed to be a committee established by the Board under this section, and this section shall apply accordingly in relation to such committee.".
Section 25 of the principal Ordinance is amended-
(a) in subsection (1) by inserting after "those premises" the following-
"and whose application is granted";
(b) in subsection (4) by deleting "The Board may direct the Secretary to refuse the application of any person if it is of the opinion" and substituting the following-
"Without prejudice to subsection (3), an application by any person under subsection (1) may be refused if it appears";
PHARMACY AND POISONS (AMENDMENT)
Ord. No. 50/80
A249
(c) by deleting subsection (5) and substituting the following-
"(5) Any person aggrieved by a direction of the Board under subsection (3) may, in the prescribed manner, appeal against such decision to the Tribunal.".
5. Section 28(1) of the principal Ordinance is amended by deleting Amendment of "Nothing" and substituting the following-
"Except as provided by regulations, nothing".
section 28.
new section 28A.
an
6. The principal Ordinance is amended by adding after section 28 Addition of the following-
"Restriction on import and
export of pharmaceutical products.
(50 of 1980.)
7.
28A. (1) No person shall carry on business as importer or exporter of pharmaceutical products unless he is registered under this section.
(2) Applications for registration or renewal of registra- tion under this section shall be made in the prescribed manner and shall be accompanied by the prescribed fee.
(3) The Board shall cause a register to be kept in which shall be entered such particulars as the Board may direct in respect of any person whose application for registration under this section is granted or renewed.
(4) An application by any person for registration or renewal of registration under this section may be refused if it appears that, by reason of the inadequacy of the storage facilities used by such person for the storage of pharma- ceutical products to be imported or exported by him, it would not be in the public interest to grant the application.
(5) Registration under this section shall be valid for the period beginning on the date of registration and expiring on 30 June next thereafter, and may be renewed within 1 month prior to the expiry of that period.
(6) Any person who contravenes subsection (1) shall be guilty of an offence.
(7) Nothing in this section shall-
(a) apply to any person licensed under this Ordinance
as a wholesale dealer in poisons;
(b) operate so as to prohibit any person who was carrying on business as an importer or exporter of pharmaceutical products prior to the commence- ment of the Pharmacy and Poisons (Amendment) Ordinance 1980 from continuing to carry on such business until the expiration of a period of 6 months after the commencement of that Ordinance.".
Section 29(1) of the principal Ordinance is amended— (a) by inserting after paragraph (g) the following-
"(ga) regulating the making and determination of applications under section 25(1) in respect of the entering of names on the list kept under that section and providing for appeals against refusals of such applications;";
(b) by deleting paragraph (h) and substituting the following--
"(h) providing for the licensing of wholesale dealers in poisons
and for appeals against any refusal, revocation
or
Amendment of section 29.