The Diseases of Animals (Northern Ireland) Order 1981

Prohibition of unauthorised possession or administration of scheduled substances N.I.

33.—(1) Subject to any exemptions for which provision may be made by an order of the Department and to the provisions of [F1 Article 11 and paragraph (2)] of this Article and paragraph (6) of Schedule 4, it shall not be lawful for a person—

(a) to have in his possession for administration to animals (whether by himself or by any other person), or

(b) to administer to any animal,

a substance specified in Schedule 4, unless it—

(i) is in his possession by virtue of prescrption or supply by a registered veterinary surgeon or a registered veterinary practitioner for its administration by way of treatment to an animal under his care, or

(ii) being so in his possession, is administered to the animal by him by way of such treatment.

(2) Paragraph (1) shall not be taken to prohibit the possession of a substance specified in Schedule 4 by a person of any of the following descriptions (in so far as is necessary for the practice or exercise of his profession, trade, function or employment as such) that is to say,—

(a) a registered veterinary surgeon or a person employed by him;

(b) a registered veterinary practitioner or a person employed by him;

(c) a person carrying on the business of a manufacturer of, or wholesale dealer in, substances specified in Schedule 4 (excluding a manufacturer of or dealer in animal feeding stuffs);

(d) a registered pharmaceutical chemist;

(e) a person lawfully conducting a retail pharmacy business;

(f) a person in charge of a laboratory the recognised activities of which consist in, or include, the conduct of scientific education or research;

(g) a person acting in accordance with the directions of a person of a description specified in any of sub-paragraphs (c) to (f)

(i) on premises occupied for the purposes of the profession, trade, function or employment of the person so specificed; or

(ii) for the purpose of delivering the substance after sale to a person who, under this Part, may lawfully have a substance of that kind in his possession.

(h) Pharmacy Inspector appointed under Article 24 (1) of the Pharmacy (Norther Ireland) Order 1976F2 or a Poisons Inspector appointed under Article 16 (1) of the Poisons (Northern Ireland) Order 1976F3 or a person acting in accordance with the directions of a Pharmacy or Poisons Inspector;

(i) an inspector or an authorised officer of the Department;

nor shall it be taken to prohibit the administration of such a substance to an animal under his care by—

(i) a person acting in a capacity specified in sub-paragraphs (a) or (b) for therapeutic purposes: or

(ii) a person acting in a capacity specified in sub-paragraph (f) or a person acting in accordance with his directions.

(3) The Department may, by order, modify the provisions of Schedule 4.

F1 Words in art. 33(1) substituted (12.3.2010) by Diseases of Animals Act (Northern Ireland) 2010 (c. 1), ss. 21(1), 22(1), Sch. 2 para. 2; S.R. 2010/70, art. 2

F2 1976 NI 22

F3 1976 NI 23