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Regulation 2 Amendment of the Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008

Original text. Later amendments are not shown.

(1)

The Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008f1 are amended as follows.

(2)

In regulation 2 (interpretation) for the definition of “the Community Regulation” substitute—

  • ““the Community Regulation” means—

    1. (a)

      in respect of Northern Ireland, Regulation (EC) No. 273/2004 of the European Parliament and of the Council dated 11th February 2004f2 as it has effect in EU law, or

    2. (b)

      in respect of Great Britain, Regulation (EC) No. 273/2004 of the European Parliament and of the Council dated 11th February 2004f3.”.

(3)

In regulation 3 (competent authorities)—

(a)

in paragraph (1) for “(4)” substitute “(4A)”;

(b)

after paragraph (4) insert—

“(4A)

In respect of Northern Ireland, in Article 10 of the Community Regulation, any of the following—

(a)

a constable;

(b)

an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005f4 (appointments of staff) or other person authorised by the Commissioners for His Majesty’s Revenue and Customs;

(c)

a person authorised for the purposes of these Regulations by the Director General of the National Crime Agency;

(d)

the Secretary of State.”.

(4)

In regulation 5 (special licences) in paragraph 3—

(a)

in sub-paragraph (a) omit “or 4”;

(b)

in sub-paragraph (e)(iii)—

(i)

after “the National Health Service Act 1977” insert “, the Health and Personal Social Services (Northern Ireland) Order 1972f5”;

(ii)

after “under those Acts” insert “or that Order”.

(5)

In regulation 6 (penalties) in paragraph (1) omit “and as if references in those Articles to scheduled substances are references to scheduled substances within the meaning of Part 2 of that Act”.

Annotations

Footnotes

f1

S.I. 2008/295, amended by S.I. 2019/742 and by section 15(3) of, and paragraph 190 of Schedule 8 to, the Crime and Courts Act 2013 (c. 22) (“the 2013 Act”). There are other amending instruments but none are relevant.

f2

OJ No. L 47, 18.02.2004, p.1, as last amended by Commission Delegated Regulation (EU) 2025/1475 (OJ No. L, 2025/1475, 25.7.2025).

f3

EUR 2004/273, as amended by S.I. 2019/742.

f4

2005 c. 11.

f5

S.R. & O. (N. I.) No. 1972 No. 1265.