On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 01/07/1999.
PART II
EXEMPTIONS FROM CERTAIN PROVISIONS OF ACT
3. Sections 7 and 8 of the Act (which prohibit the importation, exportation and possession of controlled drugs) shall not have effect in relation to the controlled drugs specified in the First Schedule.
4.
—(1) Where any person is authorised by a licence issued by the Minister under this regulation which is for the time being in force to import or export, manufacture, supply, offer to supply or have in his possession any controlled drug, it shall not be unlawful for that person to import or export, manufacture, supply, offer to supply or have in his possession that drug in accordance with the terms of the licence and in compliance with the conditions attached to the licence.
(2) The fees for licences issued under paragraph (1) shall be as set out in the Seventh Schedule.
5. Notwithstanding section 8 of the Act, any of the following persons may have any controlled drug in his possession:
(a)
an officer when acting in the course of his duty and in the exercise of his powers under the Act;
(b)
a person engaged in the business of a carrier when acting in the course of that business;
(c)
a person engaged in the work of any laboratory to which the drug has been sent for forensic examination when acting in the course of his duty as a person so engaged; or
(d)
a person engaged in conveying the drug to a person authorised by these Regulations to have it in his possession.
6.
—(1) Any person may administer to another person any drug specified in the First Schedule.
(2) A medical practitioner or dentist may administer to a patient any drug specified in the Second or Third Schedule.
(3) Any person other than a medical practitioner or dentist may administer to a patient, in accordance with the directions of a medical practitioner or dentist, any drug specified in the Second or Third Schedule.
7.
—(1) Notwithstanding section 6 of the Act —
(a)
a practitioner or pharmacist, acting in that capacity, may manufacture or compound any drug specified in the First or Second Schedule; or
(b)
a person lawfully conducting a retail pharmacy business and acting in that capacity may, at the premises at which he carries on that business, manufacture or compound any drug specified in the First or Second Schedule.
(2) Notwithstanding section 5 of the Act, any of the following persons:
(a)
a practitioner;
(b)
a pharmacist;
(c)
a person lawfully conducting a retail pharmacy business;
(d)
the nurse for the time being in charge of a ward, theatre or other department in a hospital when the drug is supplied to her by a person responsible for the dispensing and supply of medicines at that hospital;
(e)
a person who is in charge of a laboratory the recognised activities of which consist of, or include, the conduct of scientific education or research and who is attached to a university or to any other institution approved for the purpose by the Minister;
(f)
an analyst appointed under the Sale of Drugs Act (Cap. 282); or
(g)
an inspector,
may, when acting in that capacity, supply or offer to supply any drug specified in the First or Second Schedule to any person who may lawfully have that drug in his possession.
(3) Nothing in paragraph (2) shall authorise a nurse for the time being in charge of a ward, theatre or other department to supply any drug otherwise than for administration to a patient in that ward, theatre or department in accordance with the directions of a medical practitioner or dentist.
(4) Notwithstanding section 5 of the Act, the master of a ship which does not carry a medical practitioner on board as part of her complement may supply or offer to supply any drug specified in the First or Second Schedule —
(a)
to any member of the crew; or
(b)
to any person who may lawfully supply that drug.
8.
—(1) Notwithstanding section 6 of the Act —
(a)
a practitioner or pharmacist, acting in that capacity, may manufacture or compound any drug specified in the Third Schedule; or
(b)
a person lawfully conducting a retail pharmacy business and acting in that capacity may, at the premises at which he carries on that business, manufacture or compound any drug specified in the Third Schedule.
(2) Notwithstanding section 5 of the Act, any of the following persons:
(a)
a practitioner;
(b)
a pharmacist;
(c)
a person lawfully conducting a retail pharmacy business;
(d)
the nurse for the time being in charge of a ward, theatre or other department in a hospital when the drug is supplied to her by a person responsible for the dispensing and supply of medicines at that hospital;
(e)
a person who is in charge of a laboratory the recognised activities of which consist of, or include, the conduct of scientific education or research and who is attached to a university or to any other institution approved for the purpose by the Minister;
(f)
an analyst appointed under the Sale of Drugs Act (Cap. 282); or
(g)
an inspector,
may, when acting in that capacity, supply or offer to supply any drug specified in the Third Schedule to any person who may lawfully have that drug in his possession.
(3) Nothing in paragraph (2) shall authorise a nurse for the time being in charge of a ward, theatre or other department to supply any drug otherwise than for administration to a patient in that ward, theatre or department in accordance with the directions of a medical practitioner or dentist.
(4) Notwithstanding section 5 of the Act, the master of a ship which does not carry a medical practitioner on board as part of her complement may supply or offer to supply any drug specified in the Third Schedule —
(a)
to any member of the crew; or
(b)
to any person who may lawfully supply that drug.
9.
—(1) Notwithstanding section 8 of the Act —
(a)
a person specified in regulation 7(2) may have in his possession any drug specified in the Second Schedule;
(b)
a person specified in regulation 8(2) may have in his possession any drug specified in the Third Schedule,
for the purpose of acting in his capacity as such.
(2) Notwithstanding section 8 of the Act, a person may have in his possession any drug specified in the Second or Third Schedule for administration for medical, dental or veterinary purposes in accordance with the directions of a practitioner.
(3) Paragraph (2) shall not have effect in the case of a person to whom the drug has been supplied by or on the prescription of a medical practitioner if —
(a)
that person was then being supplied with any controlled drug by or on the prescription of another medical practitioner and had failed to disclose that fact to the first-mentioned medical practitioner before the supply by him or on his prescription; or
(b)
that or any other person on his behalf had made a declaration or statement, which was false in any particular, for the purpose of obtaining the supply or prescription.
(4) Notwithstanding section 8 of the Act —
(a)
the master of a ship which does not carry a medical practitioner on board as part of her complement, may have in his possession any drug specified in the Second or Third Schedule so far as necessary for the purpose of compliance with the Merchant Shipping Act (Cap. 179); and
(b)
the master of a foreign ship which is in port may have in his possession any drug specified in the Second or Third Schedule so far as necessary for the equipment of the ship.