DANGEROUS DRUGS REGULATIONS, 1937, Dated JUNE 18, 1937(a), Made by the Secretary of State IN PURSUANCE OF SECTION 7 OF THE DANGEROUS DRUGS ACT, 1920 (10 & 11 GEO. 5. C. 46), FOR CONTROLLING THE MANUFACTURE, SALE, POSSESSION AND DISTRIBUTION OF DANGEROUS DRUGS TO WHICH PART III OF THAT ACT APPLIES.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1937/560 |
| Year | 1937 |
1937 No. 560
DANGEROUS DRUGS
THE DANGEROUS DRUGS REGULATIONS, 1937, DATED JUNE 18, 1937(a), MADE BY THE SECRETARY OF STATE IN PURSUANCE OF SECTION 7 OF THE DANGEROUS DRUGS ACT, 1920 (10 & 11 GEO. 5. C. 46), FOR CONTROLLING THE MANUFACTURE, SALE, POSSESSION AND DISTRIBUTION OF DANGEROUS DRUGS TO WHICH PART III OF THAT ACT APPLIES.[These Regulations (S.R. & O. 1937, p. 630) are printed as amended by Regulations, dated December 6, 1948 (S.I. 1948 (No.2653) I, 670)].
(a) At the date of the coming into operation of these Regulations the drugs to which Part III of the principal Act applies are:—
(a) medicinal opium;
(b) any extract or tincture of Indian hemp;
(c) morphine and its salts, and diacetylmorphine (commonly known as diamorphine or heroin) and the other esters of morphine and their respective salts;
(d) cocaine (including synthetic cocaine) and ecgonine and their respective salts, and the esters of ecgonine and their respective salts;
(e) any solution or dilution of morphine or cocaine or their salts in an inert substance whether liquid or solid, containing any proportion of morphine or cocaine, and any preparation, admixture, extract or other substance (not being such a solution or dilution as aforesaid) containing not less than one-fifth per cent. of morphine or one-tenth per cent. of cocaine;
(f) any preparation, admixture, extract or other substance containing any proportion of diacetylmorphine or of the other esters of morphine, and any preparation, admixture, extract or other substance containing any proportion of ecgonine or of the esters of ecgonine;
(g) dihydrohydroxycodeinone, dihydrocodeinone, dihydromorphinone, acetyldihydrocodeinone, dihydromorphine, their esters and the salts of any of these substances and of their esters, morphine-N-oxide (commonly known as genomorphine), the morphine-N-oxide derivatives, and any other pentavalent nitrogen morphine derivatives;
(h) thebaine and its salts, and benzylmorphine and the other ethers of morphine and their respective salts;
(i) any preparation, admixture, extract or other substance containing any proportion of any of the substances mentioned in paragraph (g) or in paragraph (h) except, in the case of preparations of methylmorphine or ethylmorphine, syrupus codeinae phosphatis B.P.C. 1934, and preparations, admixtures or other substances containing not more than 2.5 per cent. of methylmorphine or ethylmorphine (calculated as pure drug) associated with other medicinal substances.
except such preparations as are specified in the Schedule to an Order in Council dated 13th April, 1937 (S.R. & O. 1937 No. 327, p.622 above).
ARRANGEMENT OF REGULATIONS
1. Manufacture of drugs.
2. Supply, procuring and advertising of drugs and preparations.
3. Possession of drugs and preparations.
4. Restriction on delivery of drugs and preparations to messengers.
5. General authority for certain classes of persons to possess and supply drugs and preparations.
6. General authority for persons who are authorised sellers of poisons to manufacture preparations and retail drugs and preparations.
7. Withdrawal of authority.
8. Form of prescription.
9. Provisions as to dispensing of prescriptions.
10. Marking of packages and bottles.
11. Keeping of records.
12. Drugs and preparations consigned to places outside Great Britain not to be diverted to other destinations.
13. Special provisions with respect to masters of ships, farmers and stockowners, and certified midwives.
14. Preservation of documents.
15. Power to exempt hospitals, etc.
16. Regulations not to apply to certain drugs and preparations and prescriptions.
17. Interpretation.
18. Citation, commencement, and repeal.
Schedules.
In pursuance of section seven of the Dangerous Drugs Act, 1920, I hereby make the following Regulations:—
Manufacture of drugs.
1. A person shall not manufacture, or carry on any process in the manufacture of, a drug—
(a) unless he is duly authorised so to do:
(b) except on authorised premises:
(c) otherwise than in accordance with the terms and conditions of his authority.
Supply, procuring and advertising of drugs and preparations.
2.—(1) A person shall not, unless he is duly authorised so to do or otherwise than in accordance with the terms and conditions of his authority, supply or procure, or offer to supply or procure, to or for any person (including himself), whether in Great Britain or elsewhere, or advertise for sale, a drug or preparation.
(2) Subject as hereinafter provided, a person shall not supply or procure, or offer to supply or procure, a drug or preparation to or for any person in the United Kingdom or the Isle of Man unless that person is authorised to be in possession of the drug or preparation and the drug or preparation is to be supplied or procured in accordance with the terms and conditions of that person's authority:
Provided that for the purpose of this paragraph of this Regulation the administration of a drug or preparation by, or under the direct personal supervision and in the presence of, a duly qualified medical practitioner, or by, or under the direct personal supervision of and in the presence of, a registered dentist in the course of dental treatment, shall not be deemed to be the supplying of a drug or preparation.
For the purpose of this paragraph of this Regulation "authority" means in the case of a person in Northern Ireland or the Isle of Man any licence or authority issued or granted in that behalf by the Minister of Home Affairs for Northern Ireland or the Lieutenant-Governor of the Isle of Man, as the case may be, and the expression "authorised" shall be construed accordingly.
Possession of drugs and preparations.
3.—(1) A person shall not be in possession of a drug or preparation unless he is duly so authorised.
(2) For the purposes of these Regulations—
(a) a person to whom a drug or preparation is lawfully supplied—
(i) by a duly qualified medical practitioner or registered veterinary surgeon who dispenses his own medicines; or
(ii) on a prescription lawfully given by a duly qualified medical practitioner, a registered dentist or a registered veterinary surgeon
shall be deemed to be a person authorised to be in possession of the drug or preparation so supplied:
Provided that a person supplied with a drug or preparation by, or on a prescription given by, a medical practitioner shall not be deemed to be a person authorised to be in possession of the drug or preparation if he was then being supplied with a drug or preparation by, or on a prescription given by, another medical practitioner in the course of treatment and did not disclose the fact to the first-mentioned medical practitioner before the supply by him or on his prescription.
(b) a person shall be deemed to be in possession of a drug or preparation if it is in his actual custody or is held by any other person subject to his control or for him or on his behalf.
Restriction on delivery of drugs and preparations to messengers.
4.—(1) Where a drug or preparation is to be lawfully supplied to any person (hereinafter referred to as "the recipient") otherwise than by, or on a prescription given by, a duly qualified medical practitioner, the person supplying the drug or preparation (hereinafter referred to as "the supplier") shall not deliver it to a person who purports to be sent by or on behalf of the recipient, unless that person either—
(a) is a person authorised under these Regulations to be in possession of that drug or preparation; or
(b) produces to the supplier a statement in writing signed by the recipient to the effect that he is authorised by the recipient to receive the drug or preparation in question on behalf of the recipient and the supplier is reasonably satisfied that the document is a genuine document.
(2) A person to whom a drug or preparation is lawfully delivered in the circumstances mentioned in paragraph (1) (b) of this Regulation shall be deemed to be a person authorised to be in possession thereof, but for such period only as in the circumstances of the case is reasonably sufficient to enable the delivery to the recipient to be effected.
General authority for certain classes of persons to possess and supply drugs and preparations.
5.—(1) Persons who are members of the following classes, that is to say—
(a) duly qualified medical practitioners:
(b) registered dentists:
11 & 12 Geo. 6. c. 52.
(c) registered veterinary surgeons and persons registered in the Supplementary Veterinary Register in pursuance of the Veterinary Surgeons Act, 1948: (a)
(d) persons employed or engaged in dispensing medicines at a hospital, infirmary, health centre or dispensary wholly or mainly maintained by a public authority out of public funds or by a charity or by voluntary subscriptions who are—
(i) registered pharmacists,
(ii) persons who hold the certificate of the Society of Apothecaries of London as assistant to an apothecary and who were employed or engaged as aforesaid on the thirty-first day of December, 1948,
(iii) dispensers duly qualified in accordance with regulations for the Royal Army Medical Corps and who were employed or engaged as aforesaid on the said date,
15 & 16 Geo. 5. c. 8 (N.I.)
(iv) persons duly registered under the Pharmacy and Poisons Act (Northern Ireland), 1925, as pharmaceutical chemists, chemists and druggists, or druggists and who were employed or engaged as aforesaid on the said date, or
(v) matrons or acting matrons of hospitals or infirmaries in which no person of any of the foregoing descriptions mentioned in this sub-paragraph is employed or engaged as aforesaid:(a)
(e) persons who are in charge of a laboratory used for purposes of research or instruction and attached to a university, university college, public hospital or other institution approved for the purpose of this Regulation by the Secretary of State:
(f) public analysts under and within the meaning of the Food and Drugs Act, 1938:(a)
(a) Sub-para. (c) as amended and sub-paras. (d)...
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