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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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“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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“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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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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(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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(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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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 2009. |
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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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