Cancer Act 1939

 

Prohibition of certain advertisements.

(1)No person shall take any part in the publication of any advertisement—

(a)containing an offer to treat any person for cancer, or to prescribe any remedy therefor, or to give any advice in connection with the treatment thereof; or

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)If any person contravenes any of the provisions of the foregoing subsection, he shall be liable on summary conviction, in the case of a first conviction, to a fine not exceeding [F2fifty pounds][F2level 3 on the standard scale], and, in the case of a subsequent conviction, to a fine not exceeding [F2one hundred pounds][F2level 3 on the standard scale] or to imprisonment for a term not exceeding three months, or to both such a fine and such imprisonment.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4)In any proceedings for a contravention of subsection (1) of this section, it shall be a defence for the person charged to prove—

(a)that the advertisement to which the proceedings relate was published only so far as was reasonably necessary to bring it to the notice of persons of the following classes or of one or some of them, that is to say,—

(i)members of either House of Parliament or of a local authority or of a governing body of a voluntary hospital;

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(iii)registered medical practitioners;

(iv)registered nurses;

(v)registered pharmacists and [F5persons lawfully conducting a retail pharmacy business in accordance with section 69 of the M1Medicines Act 1968];

(vi)persons undergoing training with a view to becoming registered medical practitioners, registered nurses or registered pharmacists;

(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(b)that the said advertisement was published only in a publication of a technical character intended for circulation mainly amongst persons of the classes mentioned in the last preceding paragraph or one of some of those classes; or

(c)that the said advertisement was published in such circumstances that he did not know and had no reason to believe that he was taking part in the publication thereof.

(5)Nothing in this section shall apply in respect of any advertisement published by a local authority or by the governing body of a voluntary hospital or by any person acting with the sanction of the Minister.

F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(7)Each of the following may institute proceedings under this section—

(a)a county council in England;

(b)a non-metropolitan district council for an area in England for which there is no county council;

(c)a London borough council;

(d)the Common Council of the City of London; or

(e)a county council or county borough council in Wales.]

(8)In this section the expression “advertisement” includes any notice, circular, label, wrapper or other document, and any announcement made orally or by any means of producing or transmitting sounds.

Annotations:

Amendments (Textual)

F1S. 4(1)(b) repealed by Medicines Act 1968 (c. 67)Sch. 6

F2Words “level 3 on the standard scale” substituted (S. ) for words “fifty pounds” and “one hundred pounds” in each case by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1)ss. 289E–289G

F3S. 4(3) repealed by Medicines Act 1968 (c. 67)Sch. 6

F6S. 4(4)(a) (vii) repealed by Medicines Act 1968 (c. 67)Sch. 6

Modifications etc. (not altering text)

C1Criminal Justice Act 1982 (c. 48, SIF 39:1)ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E. W. )

C2Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1)ss. 289E (in relation to liability on first and subsequent convictions), applies (S. )