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make
provision for a warning symbol to be prominently displayed on
the |
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packaging of pharmaceuticals
which act on the brain and central nervous |
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system so as to impair dangerously
the consumer’s ability to carry out certain |
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activities; and for connected
purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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“consumer”
means a person who takes a psychoactive pharmaceutical |
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whether in the recommended
or prescribed dose or otherwise; |
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“over the counter”
means available without prescription from a pharmacy |
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5 |
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“packaging”
means such of the external packaging as is clearly on view on
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purchase or receipt of the
product; |
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“prescription only”
means available only by a prescription from a |
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registered medical practitioner; |
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10 |
“psychoactive pharmaceutical”
means a pharmaceutical product which |
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has a clinical effect on
the brain and central nervous system, and it is |
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immaterial whether the psychoactive
pharmaceutical is available |
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through prescription only
or over the counter; |
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“specified psychoactive
pharmaceutical” means a psychoactive |
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15 |
pharmaceutical specified
by the Secretary of State by order under |
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“warning symbol”
means a prominent symbol the size, colour and design |
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of which shall be prescribed
by the Secretary of State by regulations. |
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2 |
Pharmaceuticals
with psychoactive side effects |
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The Secretary of State shall
by order specify such psychoactive |
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pharmaceuticals as, in his
opinion, can lead to impairment of the consumer’s |
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ability to drive a motor
vehicle or operate machinery such that the consumer is |
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a danger to himself or others. |
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(1) |
Specified psychoactive pharmaceuticals
shall include on their packaging a |
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5 |
(2) |
The Secretary of State may
by regulations prescribe— |
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(a) |
offences for or in connection
with a failure to comply with the |
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provisions of subsection (1), |
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(b) |
circumstances in which a
person is, or is not, guilty of such offences, |
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10 |
(c) |
penalties in respect of such
offences. |
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(1) |
The power conferred by this
Act on the Secretary of State to make an order or |
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regulations shall be exercisable
by statutory instrument. |
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(2) |
No order or regulations
may be made under section 2
or 3(2)
unless a draft of |
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15 |
the instrument has been laid
before Parliament and approved by a resolution |
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of each House of Parliament. |
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(3) |
Regulations made under section
1
shall be subject to annulment in pursuance |
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of a resolution of either
House of Parliament. |
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(4) |
Every power conferred by
this Act on the Secretary of State to make an order |
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or regulations includes power— |
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(a) |
to make different provision
for different cases (including different |
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provision in respect of different
areas); |
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(b) |
to make provision subject
to such exemptions and exceptions as the |
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Secretary of State thinks
fit; and |
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(c) |
to make such incidental,
supplemental, consequential and transitional |
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provision as the Secretary
of State thinks fit. |
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5 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Pharmaceutical Labelling (Warning of Cognitive |
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Function Impairment) Act
2005. |
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(2) |
Sections 2
and 3
shall come into force on such date as the Secretary of State shall
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by order specify, but the
date so specified shall be a date before the end of a |
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period that ends twelve months
after the day on which this Act receives Royal |
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(3) |
This Act extends to England
and Wales only. |
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35 |
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