Health (Family Planning) Act, 1979

Health (Family Planning) Act, 1979 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1979 Health (Family Planning) Act, 1979 Health (Family Planning) Act, 1979 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 20 of 1979 HEALTH (FAMILY PLANNING) ACT, 1979 ARRANGEMENT OF SECTIONS Section

Section 1

Interpretation.

Section 2

General duty of Minister.

Section 3

Family planning services.

Section 4

Control of sale and supply of contraceptives.

Section 5

Control of importation of contraceptives.

Section 6

Control of manufacture of contraceptives.

Section 7

Control of advertising and display of contraceptives.

Section 8

Forged or fraudulently altered prescriptions or authorisations.

Section 9

Grants for research.

Section 10

Saver in relation to abortion.

Section 11

Conscientious objections.

Section 12

Amendment of Censorship of Publications Act, 1929, and Act of 1946.

Section 13

Repeal of section 17 of Criminal Law Amendment Act, 1935.

Section 14

Penalties.

Section 15

Offences by bodies of persons.

Section 16

Regulations.

Section 17

Short title, construction, collective citation and commencement.

Number 20 of 1979 HEALTH (FAMILY PLANNING) ACT, 1979 AN ACT TO MAKE PROVISION FOR FAMILY PLANNING SERVICES AND, WITH A VIEW TO ENSURING THAT CONTRACEPTIVES ARE AVAILABLE ONLY FOR THE PURPOSE, BONA FIDE, OF FAMILY PLANNING OR FOR ADEQUATE MEDICAL REASONS, TO REGULATE AND CONTROL THE SALE, IMPORTATION, MANUFACTURE, ADVERTISEMENT AND DISPLAY OF CONTRACEPTIVES AND TO PROVIDE FOR CERTAIN OTHER MATTERS. [23rd July, 1979] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—In this Act— “the Act of 1946” means the Censorship of Publications Act, 1946 ; “contraceptive” means any appliance, instrument, drug, preparation or thing designed, prepared or intended to prevent pregnancy resulting from sexual intercourse between human beings; “dispensing chemist and druggist” means a person registered in the register of dispensing chemists and druggists established under the Pharmacy Act, 1951 ; “family planning service” means a service for the provision of information, instruction, advice or consultation in relation to any one or more of the following: (a) family planning, (b) contraception, (c) contraceptives; “pharmaceutical chemist” means a person registered in the register of pharmaceutical chemists for Ireland established under the Pharmacy Act (Ireland), 1875; “registered medical practitioner” means a person registered in the register established under the Medical Practitioners Acts, 1927 to 1961, or the Medical Practitioners Act, 1978 ; “regulations” means regulations made by the Minister under section 16 of this Act; “sell” includes agree or offer to sell or invite an offer to buy and cognate words shall be construed accordingly.

General duty of Minister.

2.—The Minister shall— (a) secure the orderly organisation of family planning services, and (b) provide a comprehensive natural family planning service, that is to say, a comprehensive service for the provision of information, instruction, advice and consultation in relation to methods of family planning that do not involve the use of contraceptives.

Family planning services.

3.—(1) For the purposes of section 2 of this Act, the Minister may, without prejudice to the generality of that section, provide by regulations for the purposes of this subsection for the making available by a health board in accordance with the regulations of a family planning service.

Control of sale and supply of contraceptives.

4.—(1) A person shall not sell contraceptives unless— (a) the sale is in accordance with regulations for the purposes of this subsection relating to the sale of contraceptives, and (b) (i) he is, or is a servant or agent acting as such of, a pharmaceutical chemist, or a dispensing chemist and druggist, who keeps open shop for the compounding and dispensing of medical prescriptions in accordance with the provisions of the Pharmacy Acts, 1875 to 1977, and the sale is made at the place where he keeps open shop or he is such a pharmaceutical chemist, or dispensing chemist and druggist, as aforesaid, and the sale is made, in connection with the service provided by the person in keeping such open shop as aforesaid, at a place where family planning services are made available under section 3 of this Act, and (ii) the person to whom the contraceptives are sold is named in a prescription or authorisation in writing for the contraceptives of a registered medical practitioner and is a person who, in the opinion of the practitioner formed at the time of the giving of the prescription or authorisation, sought the contraceptives for the purpose, bona fide, of family planning or for adequate medical reasons and in appropriate circumstances and the prescription or authorisation bears an indication that it is given for the purposes of this Act, or (c) (i) he is, or is a servant or agent acting as such of, a person who holds a licence granted to him under section 5 or 6 of this Act and for the time being in force and the sale is in accordance with the licence, and (ii) the sale is to a person specified in subparagraph (i) of paragraph (b) of this subsection.

Control of importation of contraceptives.

5.—(1) A person shall not import contraceptives into the State unless— (a) they are part of his personal luggage accompanying him when he is entering the State and their quantity is not such as to indicate that they are not solely for his own use, or (b) he is, or is the servant or agent acting as such of, a person who holds a licence granted to him under this section and for the time being in force and the importation is in accordance with the licence.

Control of manufacture of contraceptives.

6.—(1) A person shall not manufacture contraceptives unless he is, or is the servant or agent acting as such of, a person who holds a licence granted to him under this section and for the time being in force and the manufacture is in accordance with the licence.

Control of advertising and display of contraceptives.

7.—(1) A person shall not take any part in, or procure, the publication of an advertisement or notice in relation to contraception or contraceptives, or display, or procure the display of, contraceptives, except to such extent as may be allowed by, and in accordance with, regulations for the purposes of this section.

Forged or fraudulently altered prescriptions or authorisations.

8.—(1) In this section “a specified document” means a prescription or authorisation given by a registered medical practitioner for the purposes of this Act.

Grants for research.

9.—The Minister may, out of moneys provided by the Oireachtas, make a grant to a person to finance, or assist in the financing of, research into methods of family planning that do not relate to the use of contraceptives.

Saver in relation to abortion.

10.—Nothing in this Act shall be construed as authorising— (a) the procuring of abortion, (b) the doing of any other thing the doing of which is prohibited by section 58 or 59 of the Offences Against the Person Act, 1861 (which sections prohibit the administering of drugs or the use of instruments to procure abortion or the supplying of drugs or instruments to procure abortion), or (c) the sale, importation into the State, manufacture, advertising or display of abortifacients.

Conscientious objections.

11.—Nothing in this Act shall be construed as obliging any person to take part in the provision of a family planning service, the giving of prescriptions or authorisations for the purposes of this Act, or the sale, importation into the State, manufacture, advertising or display of contraceptives.

Amendment of Censorship of Publications Act, 1929, and Act of 1946.

12.—(1)

Section 16

TABLE 16.—(1) It shall not be lawful for any person, otherwise than under and in accordance with a permit in writing granted to him under this section— (a) to print or publish or cause or procure to be printed or published, or (b) to sell or expose, offer, or keep for sale, or (c) to distribute, offer or keep for distribution, any book or periodical publication (whether appearing on the register of prohibited publications or not) which advocates or which might reasonably be supposed to advocate the procurement of abortion or miscarriage or any method, treatment or appliance to be used for the purpose of such procurement.

(2)

Section 17

TABLE 17.—(1) The reference contained in section 3 of the Indecent Advertisements Act, 1889, to printed matter which is of an indecent or obscene character shall be deemed to include advertisements which relate or refer or may be reasonably supposed to relate or refer to any disease affecting the generative organs of either sex, or to any complaint or infirmity arising from or relating to sexual intercourse, or to the prevention or removal of irregularities in menstruation, or to drugs, medicines, appliances, treatment or methods for procuring abortion or miscarriage.

TABLE 7.— If the Censorship Board, having duly examined a book, are of opinion— (a) that it is indecent or obscene, or (b) that it advocates the procurement of abortion or miscarriage or the use of any method, treatment or appliance for the purpose of such procurement, and that for any of the said reasons its sale and distribution in the State should be prohibited, they shall by order prohibit such sale and distribution.

TABLE 9.—(1) The Censorship Board shall examine the issues recently theretofore published of every periodical publication in respect of which a complaint is made to them in the prescribed manner by any person, and if they are of opinion that the said issues— (a) have usually or frequently been indecent or obscene, or (b) have advocated the procurement of abortion or miscarriage or the use of any method, treatment or appliance for the purpose of such procurement, or (c) have devoted an unduly large proportion of space to the publication of matter relating to crime, and that for any of the said reasons the sale and distribution in the State of the said issues and future issues of that periodical publication should be prohibited, they shall by order prohibit the sale and distribution thereof accordingly.

Repeal of section 17 of Criminal Law Amendment Act, 1935.

13.—

Section 17

of the Criminal Law Amendment Act, 1935 , is hereby repealed.

Penalties.

14.—(1) A person guilty of a first offence under this Act shall be liable, on summary conviction, to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both the fine and the imprisonment.

(4)

Section 13

of the Criminal Procedure Act, 1967 , shall apply in relation to a second or subsequent offence under this Act as if, in lieu of the penalties specified in subsection (3) of that section, there were specified therein the penalties provided for by subsection (3) of this section, and the reference in subsection (2) (a) of that section to the penalties provided for by subsection (3) of that section shall be construed accordingly.

Offences by bodies of persons.

15.—Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and the offence is proved to have been committed with the consent or approval of, or to have been facilitated by any neglect on the part of any person, who when the offence was committed was a director, member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or other officer of the body, that person shall also be deemed to have committed the offence and may be proceeded against and punished accordingly.

Regulations.

16.—(1) The Minister may make regulations for the purposes of this Act in relation to any matter referred to in this Act as being subject to, allowed by, declared by, specified in or by or in accordance with regulations or in relation to any matter ancillary or incidental to any such matter.

Short title, construction, collective citation and commencement.

17.—(1) This Act may be cited as the Health (Family Planning) Act, 1979.

Acts Referred to Censorship of Publications Act, 1929 1929, No. 21 Censorship of Publications Act, 1946 1946, No. 1 Criminal Law Amendment Act, 1935 1935, No. 6 Criminal Procedure Act, 1967 1967, No. 12 Customs Consolidation Act, 1876 1876, c. 36 Health Acts, 1947 to 1977 Medical Practitioners Act, 1978 1978, No. 4 Medical Practitioners Acts, 1927 to 1961 Offences Against the Person Act, 1861 1861, c. 100 Pharmacy Act, 1951 1951, No. 30 Pharmacy Act (Ireland), 1875 1875, c. 57 Pharmacy Acts, 1875 to 1977 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais