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The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2011

S.R. 2011/154 · Made 23 March 2011

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 23rd March 2011

Coming into operation 28th March 2011

The Department of Health, Social Services and Public Safety makes the following Order in exercise of the powers conferred by sections 7(4) and (5) of the Misuse of Drugs Act 1971f1, as adapted by section 7(9) of the Act and now vested in it f2 and after consultation with the Advisory Council on the Misuse of Drugs in accordance with section 7(7) of that Act.

Annotations to the whole text

Footnotes

f1

1971 c.38

f2

S.R. & O. (N.I.) 1973 No. 504; Article 5(a) and S.I.1999/283 (N.I.1.); Article 3(6)

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendment of the 2001 Order
  4. 4Revocation
  5. Signature
  6. Explanatory note

1Citation and commencement

This Order may be cited as the Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2011 and shall come into operation on 28th March 2011.

2Interpretation

(1)

In this Order “the 2001 Order” means the Misuse of Drugs (Designation) Order (Northern Ireland) 2001 f1.

(2)

The Interpretation Act (Northern Ireland) 1954f2 shall apply to this Order as it applies to an Act of the Assembly.

3Amendment of the 2001 Order

In paragraph 1(a) of Part 1 of the Schedule to the 2001 Order, omit “4-Methylmecathinone”.

4Revocation

Paragraphs (a) and (b) of Article 3 of the Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2010f1 are revoked.

Signature

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 23rd March 2011

(L.S.)

Norman Morrow

A senior officer of the Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the Order)

Section 7(3) of the Misuse of Drugs Act 1971 requires regulations to be made to allow the use for medical purposes of the drugs which are subject to control under that Act. Section 7(3) does not apply to any drug designated by order under section 7(4) as a drug to which section 7(4) is to apply. This Order amends the Misuse of Drugs (Designation) Order (Northern Ireland) 2001 (“the 2001 Order”) by removing 4-Methylmethcathinone (wrongly spelt 4-Methylmecathinone) from paragraph 1(a) of Part 1 of the Schedule to that Order – 4‑Methylmethcathinone will though fall within paragraph 1(q) - and revokes both paragraphs (a) and (b) of Article 3 of the Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2010.

Due to a drafting error in Article 3 of the Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2010, the insertion of 4- Methylmethcathinone (wrongly spelt 4-Methylmecathinone) appeared as paragraphs (a) and (b). Both paragraphs are therefore revoked to ensure 4- Methylmethcathinone (wrongly spelt 4- Methylmecathinone) is removed from paragraph 1(a) of Part 1 of the Schedule to the 2001 Order. Article 3(c) of the Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2010 which inserts paragraph 1(q) in Part 1 of the Schedule to the 2001 Order is not revoked.