The Misuse of Drugs Act 1971 (Temporary Class Drug) (No. 2) Order 2016

S.I. 2016/1126 · Made 21 November 2016

Dangerous Drugs

Approved by both Houses of Parliament

Made 21st November 2016

Laid before Parliament 23rd November 2016

Coming into force 27th November 2016

The Secretary of State makes the following Order in exercise of the powers conferred by sections 2A(1) and (5), 7A(2), (3) and (6) and 31(1) of the Misuse of Drugs Act 1971^f1.

None of the substances or products specified in article 2 of this Order is a Class A drug, a Class B drug or a Class C drug.

The Secretary of State has received a recommendation from the Advisory Council on the Misuse of Drugs under section 2B(1)(b)^f2 of the Misuse of Drugs Act 1971 that this Order should be made.

Annotations to the whole text

Footnotes

f1: 1971 c. 38. Sections 2A and 7A were inserted by section 151 of, and paragraphs 3 and 8 of Schedule 17 to, the Police Reform and Social Responsibility Act 2011 (c. 13).
f2: Section 2B was inserted by section 151 of, and paragraph 3 of Schedule 17 to, the Police Reform and Social Responsibility Act 2011.

1Citation and commencement
2Drugs subject to temporary control
3Application of other instruments
Signature
Explanatory note

1Citation and commencement

This Order may be cited as the Misuse of Drugs Act 1971 (Temporary Class Drug) (No. 2) Order 2016 and comes into force on 27th November 2016.

2Drugs subject to temporary control

The following substances and products are specified under section 2A(1) of the Misuse of Drugs Act 1971 as drugs subject to temporary control—

(a)

N-methyl-1-(thiophen-2-yl)propan-2-amine (methiopropamine or MPA);

(b)

any stereoisomeric form of N-methyl-1-(thiophen-2-yl)propan-2-amine;

(c)

any salt of a substance specified in paragraph (a) or (b); and

(d)

any preparation or other product containing a substance specified in any of paragraphs (a) to (c).

3Application of other instruments

(1)

The Misuse of Drugs (Safe Custody) Regulations 1973^f1 and the Misuse of Drugs (Safe Custody) (Northern Ireland) Regulations 1973^f2 apply to the substances and products listed in article 2 of this Order.

(2)

The Misuse of Drugs Regulations 2001^f3 apply to the substances and products listed in article 2 of this Order as if those substances and products were specified in Schedule 1 to those Regulations.

(3)

The Misuse of Drugs Regulations (Northern Ireland) 2002^f4 apply to the substances and products listed in article 2 of this Order as if those substances and products were specified in Schedule 1 to those Regulations.

Signature

Sarah Newton

Parliamentary Under Secretary of State

Home Office

21st November 2016

Explanatory note

(This note is not part of the Order)

Article 2 of this Order specifies substances and products as drugs subject to temporary control under section 2A(1) of the Misuse of Drugs Act 1971. The substances and products specified in article 2 are N-methyl-1-(thiophen-2-yl)propan-2-amine related materials which are being misused as new psychoactive substances.

These substances and products were made the subject of temporary control by the Misuse of Drugs Act 1971 (Temporary Class Drug) (No. 3) Order 2015 (“the 2015 Order”). The 2015 Order expires on the 26 November 2016. This Order renews the controls which the 2015 Order had put in place.

Article 3 of this Order provides that the Misuse of Drugs (Safe Custody) Regulations 1973 and the Misuse of Drugs (Safe Custody) (Northern Ireland) Regulations 1973 apply to those substances and products, and the Misuse of Drugs Regulations 2001 and the Misuse of Drugs Regulations (Northern Ireland) 2002 apply to those substances and products as if they were specified in Schedule 1 to each of the relevant Regulations.

In accordance with subsection (6) of section 2A of the Misuse of Drugs Act 1971, the specified substances and products will cease to be subject to temporary control after the expiry of one year or, if earlier, upon the coming into force of an Order in Council under section 2(2) of that Act listing the specified substances and products in Part 1, 2 or 3 of Schedule 2 to that Act.