OpenLegislation

The Misuse of Drugs (Amendment) Regulations 2006

S.I. 2006/986 · Made 29 March 2006

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.

DANGEROUS DRUGS

Made 29th March 2006

Laid before Parliament 3rd April 2006

Coming into force 1st May 2006

The Secretary of State makes the following regulations in exercise of the powers conferred by sections 7(1) and (2), 10, 22 and 31(1) of the Misuse of Drugs Act 1971f1.

In accordance with section 31(3) of that Act he has consulted with the Advisory Council on the Misuse of Drugs.

Annotations to the whole text

Footnotes

f1

1971 c. 38. Section 22 of that Act was amended by section 177(1) of, and paragraph 12 of Schedule 4 to, the Customs and Excise Management Act 1979 (c. 2).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of regulation 2 of the 2001 Regulations
  3. 3Amendment of regulation 6B of the 2001 Regulations
  4. 4Amendment of regulation 7 of the 2001 Regulations
  5. 5Amendment of regulation 8 of the 2001 Regulations
  6. 6Amendment of regulation 9 of the 2001 Regulations
  7. 7Amendment of regulation 10 of the 2001 Regulations
  8. Signature
  9. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2006 and shall come into force on 1st May 2006.

(2)

In these Regulations, “the 2001 Regulations” means the Misuse of Drugs Regulations 2001f1.

2Amendment of regulation 2 of the 2001 Regulations

In regulation 2 of the 2001 Regulations (interpretation), in paragraph (1)—

(a)

omit the definition of “extended formulary nurse prescriber”f1;

(b)

after the definition of “medicinal product” insert the following definition—

  • ““nurse independent prescriber” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997f2, and such a person may only prescribe controlled drugs in accordance with regulation 6B;”; and

(c)

in the definition of “prescription”, for “an extended formulary nurse prescriber”f3 substitute “a nurse independent prescriber”.

3Amendment of regulation 6B of the 2001 Regulations

In regulation 6B of the 2001 Regulations (authority for Extended Formulary Nurse Prescribers to prescribe)f1—

(a)

in the heading, for “Extended Formulary Nurse Prescribers” substitute “Nurse Independent Prescribers”;

(b)

for “An extended formulary nurse prescriber” substitute “A nurse independent prescriber”;

(c)

in sub-paragraph (a), omit “diazepam, lorazepam, midazolam,”;

(d)

in sub-paragraph (e), at the end insert “; and”; and

(e)

after sub-paragraph (e), insert—

“(f)

diazepam, lorazepam or midazolam for use in palliative care or treatment of tonic-clonic seizures.”

4Amendment of regulation 7 of the 2001 Regulations

In regulation 7f1 of the 2001 Regulations (administration of drugs in Schedules 2, 3, 4 and 5)—

(a)

in paragraph (4), for “an extended formulary nurse prescriber” substitute “a nurse independent prescriber”; and

(b)

in paragraph (5)—

(i)

for “an extended formulary nurse prescriber” substitute “a nurse independent prescriber”, and

(ii)

for “the extended formulary nurse prescriber” substitute “the nurse independent prescriber”.

5Amendment of regulation 8 of the 2001 Regulations

In regulation 8f1 of the 2001 Regulations (production and supply of drugs in Schedules 2 and 5), in paragraph (7), for “an extended formulary nurse prescriber” substitute “a nurse independent prescriber”.

6Amendment of regulation 9 of the 2001 Regulations

In regulation 9f1 of the 2001 Regulations (production and supply of drugs in Schedules 3 and 4), in paragraph (7)—

(a)

for “an extended formulary nurse prescriber” substitute “a nurse independent prescriber”; and

(b)

in sub-paragraph (a), after “care” add “or treatment of tonic-clonic seizures”.

7Amendment of regulation 10 of the 2001 Regulations

In regulation 10f1 of the 2001 Regulations (possession of drugs in Schedules 2, 3 and 4), in paragraph (2)—

(a)

for “an extended formulary nurse prescriber”, in both places those words appear, substitute “a nurse independent prescriber”; and

(b)

in sub-paragraph (a), for “extended formulary nurse prescriber”, in both places those words appear, substitute “nurse independent prescriber”.

Signature

Paul Goggins

Parliamentary Under-Secretary of State

Home Office

29th March 2006

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Misuse of Drugs Regulations 2001 (“the 2001 Regulations”). Regulations 2 to 7 amend regulations 2, 6B and 7 to 10 of the 2001 Regulations, to replace references to “extended formulary nurse prescribers” with references to “nurse independent prescribers”. The effect is that nurse independent prescribers will be allowed to prescribe, supply, possess, administer and give directions for the administration of specified controlled drugs in those circumstances in which extended formulary nurse prescribers were previously able to.

Regulations 3(c) to (e) and 6(b) amend regulations 6B and 9 of the 2001 Regulations to allow nurse independent prescribers to prescribe and supply diazepam, lorazepam and midazolam for the treatment of tonic-clonic seizures.