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The Misuse of Drugs Act 1971 (Amendment) Order 2011

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2011, ISBN 9780111505632

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 2(5) of the Misuse of Drugs Act 1971 for approval by resolution of each House of Parliament.

Dangerous Drugs

Made

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 16th day of March 2011

Present,

The Queen’s Most Excellent Majesty in Council

In accordance with section 2(5) of the Misuse of Drugs Act 1971f1 a draft of this Order has been laid before Parliament on the recommendation of the Advisory Council on the Misuse of Drugs and approved by a resolution of each House of Parliament.

Accordingly, Her Majesty, in exercise of the powers conferred upon Her by section 2(2) of that Act, is pleased, by and with the advice of Her Privy Council, to order as follows:

Annotations to the whole text

Footnotes

f1

1971 c. 38. Schedule 2 has been amended by section 21 of the Drugs Act 2005 (c. 17) and S.I. 1973/771, 1975/421, 1977/1243, 1979/299, 1983/765, 1984/859, 1985/1995, 1986/2230, 1989/1340, 1990/2589, 1995/1966, 1996/1300, 1998/750, 2001/3932, 2003/1243, 2003/3201, 2005/3178, 2006/3331, 2008/3130, 2009/3209, 2010/1207 and 2010/1833.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments to the 1971 Act
  3. 3Amendments to the 1971 Act
  4. 4Amendments to the 1971 Act
  5. 5Revocation
  6. Signature
  7. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Misuse of Drugs Act 1971 (Amendment) Order 2011 and shall come into force on the twelfth day after the day on which it is made.

(2)

In this Order “the 1971 Act” means the Misuse of Drugs Act 1971.

2Amendments to the 1971 Act

In Part 1 of Schedule 2 to the 1971 Act (which specifies the drugs which are subject to control under that Act as Class A drugs) in paragraph 1(a), after “Sufentanil.”, insert—

“Tapentadol.”.

3Amendments to the 1971 Act

In Part 2 of Schedule 2 to the 1971 Act (which specifies the drugs which are subject to control under that Act as Class B drugs) in paragraph 1(a) omit “4‑Methylmethcathinone”.

4Amendments to the 1971 Act

In Part 3 of Schedule 2 to the 1971 Act (which specifies the drugs which are subject to control under that Act as Class C drugs) in paragraph 1(a), after “Alprazolam”, insert—

“Amineptine”.

5Revocation

Paragraph (a) of article 2 of the Misuse of Drugs Act 1971 (Amendment) Order 2010f1 (which inserts 4‑Methylmethcathinone in paragraph 1(a) of Part 2 of Schedule 2 to the 1971 Act) is revoked.

Signature

Judith Simpson

Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order adds Tapentadol to Part 1 of Schedule 2 to the Misuse of Drugs Act 1971 (the “1971 Act”) which specifies drugs which are subject to control as Class A drugs under that Act, and adds Amineptine to Part 3 of Schedule 2 to the 1971 Act which specifies drugs which are subject to control as Class C drugs under that Act. This Order also removes 4‑Methylmethcathinone from paragraph 1(a) of Part 2 of Schedule 2 to the 1971 Act which specifies drugs which are subject to control as Class B drugs under that Act – 4‑Methylmethcathinone will though fall within paragraph 1(aa) - and revokes paragraph (a) of article 2 of the Misuse of Drugs Act 1971 (Amendment) Order 2010.