1989 Ed.]
Pharmacy and Poisons
[CAP. 138
17
may be, had been guilty, at some time within 12 months before the date upon which the offence or misconduct in question took place, of a similar offence or misconduct and that the authorized seller of poisons had, or ought reasonably to have had, knowledge of that previous offence or misconduct;
(c) if the offence or misconduct in question was a continuing offence or continuing misconduct, that the authorized seller of poisons had, or reasonably ought to have had, knowledge of the continuance thereof;
(d) in the case of an offence under this Ordinance, that the authorized seller of poisons had not used due diligence to enforce the execution of this Ordinance.
(3) In this section references to the responsibility, knowledge or diligence of an authorized seller of poisons shall, in the case of a body corporate or an unincorporated body of persons, be construed as references to the responsibility, knowledge or diligence of that body as a whole.
18. Voting of Disciplinary Committee
[cf. 1954 c. 61 s. 9 U.K.]
In any inquiry conducted by the Disciplinary Committee the decision of the Committee shall be taken on the vote of a majority of the members.
19. Provisions as to directions given
by Disciplinary Committee
(1) The Secretary shall cause notice of any direction given by the Disciplinary Committee to be given to the registered pharmacist or authorized seller of poisons, as the case may be, to whom the direction relates, and, where the Disciplinary Committee refuses an application for a direction the Secretary shall cause notice of the refusal to be given to the applicant. A notice required by this subsection to be given to any person shall be sent to him by registered letter to his address shown in the register of pharmacists or the register of premises, as the case may be, and if more than one address is shown in such register to any of his addresses shown therein.
(2) A direction given by the Disciplinary Committee, other than a direction given on the application of the person to whom it relates, shall take effect at the expiration of such period, not exceeding 3 months, as the Committee may, having regard to all the circumstances of the case, think fit to direct.
(3) Where a direction given by the Disciplinary Committee has taken effect the Secretary shall make such alterations in the register of premises as are necessary to give effect to the direction.
[cf. 1933 c. 25 s. 14 U.K.]