Health (Family Planning) (Amendment) Act, 1992

Health (Family Planning) (Amendment) Act, 1992 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 1992 Health (Family Planning) (Amendment) Act, 1992 Health (Family Planning) (Amendment) Act, 1992 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 1992 HEALTH (FAMILY PLANNING) (AMENDMENT) ACT, 1992 ARRANGEMENT OF SECTIONS Section 1. “Principal Act”. 2. “Contraceptive”. 3. Amendment of section 9 of Principal Act. 4. Control of sale and supply of contraceptives. 5. Supply of contraceptive sheaths. 6. Provisions relating to importers and manufacturers. 7. Amendment of section 65 of Health Act, 1947. 8. Family planning services. 9. Short title, collective citation and construction. Acts Referred to Pharmacy Acts, 1875 to 1977 Health Act, 1947 1947, No. 28 Health (Family Planning) Act, 1979 1979, No. 20 Health (Family Planning) (Amendment) Act, 1985 1985, No. 4 Number 20 of 1992 HEALTH (FAMILY PLANNING) (AMENDMENT) ACT, 1992 AN ACT TO AMEND AND EXTEND THE HEALTH (FAMILY PLANNING) ACT, 1979 , TO AMEND SECTION 65 OF THE HEALTH ACT, 1947 , AND TO PROVIDE FOR RELATED MATTERS. [23rd July, 1992] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: “Principal Act”. 1.—In this Act “the Principal Act” means the Health (Family Planning) Act, 1979 . “Contraceptive”. 2.—Section 1 of the Principal Act is hereby amended by the substitution for the definition of “contraceptive” of the following definition: “‘contraceptive’ means any appliance or instrument, including contraceptive sheaths, prepared or intended to prevent pregnancy resulting from sexual intercourse between human beings;”. Amendment of section 9 of Principal Act. 3.—Section 9 of the Principal Act is hereby amended by the deletion of “that do not relate to the use of contraceptives”. Control of sale and supply of contraceptives. 4.—(1) Subject to sections 5 and 6 of this Act, a person shall not sell contraceptives unless— (a) the sale is in accordance with regulations for the purposes of this section relating to the sale of contraceptives, and (b) (i) (I) the person is a person keeping open shop for the dispensing or compounding of medical prescriptions in accordance with the provisions of the Pharmacy Acts, 1875 to 1977, and the sale is effected by or under the supervision of a registered pharmaceutical chemist, a registered dispensing chemist and druggist or a licentiate of Apothecaries Hall, and the sale is made at the place where such open shop is kept, or (II) the person is a registered medical practitioner and the sale is made at a place where he ordinarily carries out his professional duties, or (III) the person is an employee of a health board acting as such and the sale is made at a health institution, or (IV) the person is, or is the servant or agent acting as such of, a person making available a family planning service in accordance with section 3 (3) of the Principal Act and the sale is made at the place where that service is being made available, or (V) the person is an employee acting as such of a hospital and the sale is made at the hospital, and (ii) the person to whom the contraceptives are sold is over the age of 17 years or married or is named in a prescription or authorisation in writing for the contraceptives of a registered medical practitioner, or (c) (i) the person 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 the Principal 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 paragraph (b) (i) of this subsection. (2) A person shall not supply contraceptives otherwise than by way of sale under and in accordance with this Act, save as may be specified in regulations. (3) Where the Minister prescribes standards for contraceptives by regulations, a person shall not supply contraceptives which do not comply with the regulations. (4) A person who contravenes this section, or regulations for the purposes of this section, shall be guilty of an offence. (5) Section 4 of the Principal Act and the Health (Family Planning) (Amendment) Act, 1985 , are hereby repealed. Supply of contraceptive sheaths. 5.—(1) (a) Subject to the provisions of paragraph (b) of this subsection and subsection (2) of this section, a person may supply contraceptive sheaths to persons over the age of 17 years or to persons who are married. (b) A person shall not supply contraceptive sheaths by vending machine, or mobile outlet or as a street vendor or from a primary or secondary school, a youth club or sports centre catering for persons under the age of 17 years, or from such place, by such persons or in such manner as may be prescribed by regulations. (2) A person shall not supply contraceptive sheaths from any place unless that place is under the supervision of a person over the age of 17 years. (3) A person who supplies contraceptive sheaths otherwise than by way of sale under and in accordance with this Act shall be guilty of an offence. (4) In this section, “sports centre” means any premises purpose-built or adapted for the practice or playing of active sports. Provisions relating to importers and manufacturers. 6.—(1) A person shall be entitled to sell contraceptive sheaths to a person over 17 years of age for the purpose of re-sale in a manner not in contravention of this Act. (2) A person who holds a licence granted to him under section 6 of the Principal Act and for the time being in force, or a person who is a servant or agent acting as such of that person, shall be entitled to export contraceptives to which the licence relates. (3) Sections 5 and 6 of the Principal Act shall not apply to contraceptive sheaths. Amendment of section 65 of Health Act, 1947. 7.—The expression “medical preparation” in section 65 of the Health Act, 1947 , shall include— (a) any drug or preparation intended to prevent pregnancy resulting from sexual intercourse between human beings, and (b) other preparations which may be used for restoring, correcting or modifying physiological functions in human beings. Family planning services. 8.—(1) The Minister shall secure the orderly organisation of comprehensive family planning services. (2) For the purposes of subsection (1) of this section, the Minister may, without prejudice to the generality of this section, provide by regulations for the purposes of this section for the making available of a comprehensive family planning service by a health board or by persons other than a health board. (3) Sections 2 and 3 of the Principal Act are hereby repealed. Short title, collective citation and construction. 9.—(1) This Act may be cited as the Health (Family Planning) (Amendment) Act, 1992. (2) The Principal Act and this Act may be cited together as the Health (Family Planning) Acts, 1979 and 1992. (3) The Principal Act and this Act shall be construed as one. 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. 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