FALKLAND ISLANDS

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Customs (Import of Medicines) Proclamation 1994

 

(PROCLAMATION No. 2 of 1994)

 

 

 

 

FALKLAND ISLANDS

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Customs (Import of Medicines) Proclamation 1994

 

I, DAVID EVERARD TATHAM, Companion of the Most Distinguished Order of Saint Michael and Saint George, Governor of the Falkland Islands, IN EXERCISE of my powers under section 35 of the Customs Ordinance and all other powers enabling me in that behalf PROCLAIM as follows -

 

FIRSTLY

 

This Proclamation may be cited as the Import of Medicines Proclamation 1994 and comes into force on its publication in the Gazette;

 

SECONDLY

 

This Proclamation relates to the importation into the Falkland Islands of medicines which are intended for retail sale and does not apply to or in respect of any other medicines whatsoever (including, in particular, and without prejudice to the generality of the foregoing, medicines imported by a person for his own use or in his household);

 

THIRDLY

 

For the purposes of this Proclamation –

 

(a) ”medicine” means any substance or article (not being an instrument, apparatus or appliance) which is intended to be imported for use wholly or mainly for the purpose of being administered to one or more human beings for a  medicinal purpose;

 

(b) “medicinal purpose “ means any one or more of the following  -

(i) treating or preventing disease;

(ii) diagnosing disease or ascertaining the existence, degree or extent of a physiological condition;

(iii) contraception;

(iv) inducing anaesthesia;

(v) otherwise preventing or interfering with the normal operation of a physiological function, whether permanently or temporarily, and whether by way of terminating, reducing or postponing, or increasing or accelerating, the operation of that function or in any other way; and

 

(c) “retail sale”, in relation to a medicine, means the sale of the medicine to a person who buys it for the purpose of administering it or causing it to be administered to himself or another person.

 

FOURTHLY

 

The importation of any medicine into the Falkland Islands for the purpose of the retail sale within the Falkland Islands of that medicine is prohibited unless the importation in question has been authorised in writing by the Chief Medical Officer.

 

AND FIFTHLY

 

The Chief Medical Officer shall not refuse to grant a licence for the importation for retail sale of a medicine ¡f he is satisfied that that medicine may lawfully be so sold in the United Kingdom other than under the supervision of a pharmacist (“pharmacist for the purpose of this paragraph having the same meaning as it has for the purposes of the Medicines Act 1968 of the United Kingdom) and shall not refuse to grant a licence for such importation in relation to a medicine which may lawfully be so sold in the United Kingdom under the supervision of a pharmacist and without a prescription unless he considers that, in the circumstances of the Falkland Islands that medicine should not he sold retail, other than under such supervision, in the Falkland Islands.