12EAmendment of Code

12E Amendment of Code (1) The Minister may at any time amend the Poisons Code— (a) to correct— (i) a clerical error or an error arising from an accidental slip or omission; or S. 12E(1)(a)(ii) amended by No. 75/2014 s. 15(1)(a). (ii) an evident material mistake in the description of the Poisons Standard or a provision of that standard; or S. 12E(1)(b) amended by No. 75/2014 s. 15(1)(b). (b) if the Code incorporates a part of the Poisons Standard as in force at a particular date— (i) to change that date; or S. 12E(1)(b)(ii) amended by No. 75/2014 s. 15(1)(c). (ii) to provide that the part of the Poisons Standard is incorporated as in force from time to time; or S. 12E(1)(c) amended by No. 75/2014 s. 15(1)(d). (c) if part of the Poisons Standard is incorporated as in force from time to time to provide that the part is incorporated as in force at a particular time; or S. 12E(1)(d) amended by Nos 74/2004 s. 8(1), 75/2014 s. 15(1)(e). (d) to alter the heading to Schedule 1 in the Poisons List so that it corresponds more closely with the heading of the appropriate Schedule in the Poisons Standard; or S. 12E(1)(e) repealed by No. 75/2014 s. 15(1)(f). S. 12E(1A) inserted by No. 68/1996 s. 10(1), amended by No. 75/2014 s. 15(2). (1A) To ensure consistency with the Poisons Standard, the Minister may at any time— (a) amend the Poisons Code; or (b) revoke and substitute the Poisons Code. S. 12E(1B) inserted by No. 18/2000 s. 98. (1B) The Minister may, at any time, amend the Poisons Code to— (a) specify the substances to be included in Schedule 1 in the Poisons List; and 1. amend, revoke, substitute or insert substances in Schedule 1 in the Poisons List. S. 12E(1C) inserted by No. 74/2004 s. 8(2). (1C) The Minister may, at any time, amend the Poisons Code to— (a) specify the substances to be included in the Poisons List in the list of substances that are not for general sale by retail but can only be supplied to persons specifically authorised by this Act or the Regulations, or with a permit or warrant under this Act, to obtain them; and (b) amend, revoke, substitute or insert substances in the list referred to in paragraph (a). S. 12E(1D) inserted by No. 74/2004 s. 8(2). (1D) The Minister may, at any time, amend the Poisons Code to— S. 12E(1D)(a) amended by No. 75/2014 s. 15(3). (a) specify the substances to be included in the Poisons List in the list of exemptions from Schedule 1 of the Poisons List or Schedules 2 to 9 of the Poisons Standard; and (b) amend, revoke, substitute or insert substances in the list of exemptions referred to in paragraph (a). S. 12E(1E) inserted by No. 39/2024 s. 87. (1E) The Minister, at any time, may amend the Poisons Code to amend, substitute or revoke— (a) any provision (including of the appendices) of the Poisons Standard concerning the possession or supply of poisons included in Schedule 4 or Schedule 8; or (b) any provision (including of the appendices) of the Poisons Standard relating to the interpretation of a provision amended or revoked and substituted under paragraph (a)— if the Minister considers that the provision as amended or substituted is suitable for inclusion in the Poisons Code or that it is suitable to revoke the provision from the Poisons Code. S. 12E(1F) inserted by No. 39/2024 s. 87. (1F) In determining whether a provision of the Poisons Standard as amended or substituted is suitable for inclusion in the Poisons Code, the matters which the Minister may take into account include but are not limited to the following— (a) whether the provision applies to the State or an individual; (b) whether the provision is in the form of a recommendation or suggestion, rather than an obligation; (c) whether the provision is in terms sufficiently certain to enable it to be understood and complied with. S. 12E(2) amended by No. 68/1996 s. 10(2). (2) The provisions of this Act applying to the preparation, notification, tabling and availability of the Poisons Code apply to an amendment to or revocation and substitution of that Code. S. 12F inserted by No. 42/1993 s. 38.