{
  "url": "https://openlegislation.uk/controlled-drugs-substances-useful-for-manufacture-amendment-regulations-1992/regulation-5",
  "json_url": "https://openlegislation.uk/controlled-drugs-substances-useful-for-manufacture-amendment-regulations-1992/regulation-5.json",
  "legislation": "uksi/1992/2914",
  "legislation_title": "The Controlled Drugs (Substances Useful for Manufacture) (Amendment) Regulations 1992",
  "legislation_url": "https://openlegislation.uk/controlled-drugs-substances-useful-for-manufacture-amendment-regulations-1992",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": null,
  "text": "After regulation 5 of the principal Regulations, there shall be inserted the following regulations:\n“5A (1) An operator who is concerned in an export operation involving a scheduled substance in Category 1 of the Annex to the Community Regulation shall ensure that he has the authorisation required by Article 4 of that Regulation.\n(2) An operator who is concerned in an export operation involving a scheduled substance in Category 2 of the Annex to the Community Regulation shall ensure that he has such authorisation as is required by Article 5 of that Regulation.\n(3) An operator who is concerned in an export operation involving a scheduled substance in Category 3 of the Annex to the Community Regulation shall ensure that he has such authorisation, if any, as is required by Article 5a of that Regulation.\n(4) For the purposes of section 68 of the 1979 Act (offences relating to exportation of prohibited or restricted goods) any scheduled substance shall be deemed to be exported contrary to a restriction for the time being in force with respect to it under these Regulations if it is exported without the requisite authorisation having been obtained.\n(5) In this regulation, “export” (except where it occurs in paragraph (4) above) and “scheduled substance” have the same meanings as in the Community Regulation, and in Articles 4, 5 and 5a of the Community Regulation the words “the competent authorities” shall be taken as a reference to the Secretary of State.\n5B An operator who fails to comply with any of the requirements imposed by Article 2a of the Community Regulation is guilty of an offence and liable:\n(a) on summary conviction, to imprisonment for a term not exceeding 3 months or a fine not exceeding the statutory maximum or both;\n(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.\n5C (1) An operator who fails to comply with any of the requirements imposed by virtue of regulation 5A above is guilty of an offence and liable to the same penalties as an operator who is guilty of an offence under regulation 5B above.\n(2) The powers conferred by subsection (1) of section 23 of the Misuse of Drugs Act 1971 shall be exercisable also for the purposes of the execution of Articles 4, 5 and 5a of the Community Regulation and subsection (3) of that section (excluding paragraph (a)) shall apply also to the offence under paragraph (1) above, taking references in those subsections to controlled drugs as references to scheduled substances within the meaning of the Community Regulation.\n5D Any reference in regulations 5B and 5C above to an operator who fails to comply with the requirements mentioned in those regulations shall include an operator who, in purported compliance with any such requirement:\n(a) furnishes information which he knows to be false in a material particular; or\n(b) recklessly furnishes information which is false in a material particular.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1971 c. 38. Section 23 of the 1971 Act was amended by the insertion of subsection (3A), by section 23(4) of the Criminal Justice (International Co-operation) Act 1990 (c. 5)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1992/2914/regulation/5",
    "retrieved_at": "2026-10-29T14:11:32.412422+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}