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The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2014

S.R. 2014/20 · Made 3 February 2014

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 3rd February 2014

Coming into force 24th February 2014

The Department of Health, Social Services and Public Safety makes the following Order in exercise of the powers conferred by section 7(4) of the Misuse of Drugs Act 1971f1 as adapted by section 38 of that 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

SR & O (NI) 1973 No.504, Article 5 (a) and S.I. 1999 No.283 (NI.1) Article 3(6)

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments to the Misuse of Drugs (Designation) Order 2001
  3. 3Amendments to the Misuse of Drugs (Designation) Order 2001
  4. 4Amendments to the Misuse of Drugs (Designation) Order 2001
  5. 5Amendments to the Misuse of Drugs (Designation) Order 2001
  6. 6Amendments to the Misuse of Drugs (Designation) Order 2001
  7. 7Amendments to the Misuse of Drugs (Designation) Order 2001
  8. Signature
  9. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2014 and shall come into operation on 24th February 2014.

(2)

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendments to the Misuse of Drugs (Designation) Order 2001

Part 1 of the Schedule to the Misuse of Drugs (Designation) Order (Northern Ireland) 2001 (which specifies controlled drugs to which section 7(4) of the Misuse of Drugs Act 1971 applies) shall be amended as provided by Articles 3 to 7.

3Amendments to the Misuse of Drugs (Designation) Order 2001

In paragraph 1(a) after “N, N-Diethyltryptamine”, insert—

  • “2-((Dimethylamino)methyl)-1-(3-hydroxyphenyl)cyclohexanol”.

4Amendments to the Misuse of Drugs (Designation) Order 2001

For paragraph 1(1), (m), (n) and (o)f1, substitute—

“(1)

Any compound structurally derived from 3-(1-naphthoyl)indole,3-(2-naphthoyl)indole, 1H-indol-3-yl-(1-naphthyl)methane or 1H-indol-3-yl-(2-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkeny1, cyanoalky1, hydroxyalky1, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2-(4-morpholiny)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

(m)

Any compound structurally derived from 3–(1–naphthoyl)pyrrole or 3-(2-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

(n)

Any compound structurally derived from 1–(1–naphthylmethylene)indene or 1-(2-naphthylmethylene)indene by substitution at the 3–position of the indene ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.

(o)

Any compound structurally derived from 3–phenylacetylindole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.”.

5Amendments to the Misuse of Drugs (Designation) Order 2001

After paragraph 1(p)f1 insert—

“(pa)

Any compound structurally derived from 3-benzoylindole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.

(pb)

Any compound structurally derived from 3-(1-adamantoyl)indole or 3-(2-adamantoyl)indole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent.

(pc)

Any compound structurally derived from 3-(2,2,3,3-tetramethylcyclopropylcarbonyl)indole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2-(4-morpholiny)ethyl, whether or not further substituted in the indole ring to any extent.”.

6Amendments to the Misuse of Drugs (Designation) Order 2001

After paragraph 1(s)f1, insert—

“(t)

1-Phenylcyclohexylamine or any compound (not being eticyclidine, ketamine, phencyclidine, rolicyclidine, tenocyclidine or tiletamine) structurally derived from 1-phenylcyclohexylamine or 2-amino-2-phenylcyclohexanone by modification in any of the following ways, that is to say,

(i)

by substitution at the nitrogen atom to any extent by alkyl, alkenyl or hydroxyalkyl groups, or replacement of the amino group with a 1-piperidyl, 1-pyrrolidyl or 1-azepyl group, whether or not the nitrogen containing ring is further substituted by one or more alkyl groups;

(ii)

by substitution in the phenyl ring to any extent by amino, alkyl, hydroxy, alkoxy or halide substituents, whether or not further substituted in the phenyl ring to any extent;

(iii)

by substitution in the cyclohexyl or cyclohexanone ring by one or more alkyl substituents;

(iv)

by replacement of the phenyl ring with a thienyl ring.”.

7Amendments to the Misuse of Drugs (Designation) Order 2001

For paragraph 3, substitute—

“3

Any ester or ether of a substance specified in paragraph 1 (not being 2-((dimethylamino)methyl)-1-(3-hydroxyphenyl)cyclohxanol) or paragraph 2.”

Signature

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 3rd February 2014.

L.S.

Dr Paddy Woods

A senior officer of the

Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the Regulations)

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 by inserting into Part 1 of the Schedule to that Order 2-((dimethylamino)methyl)-1-(3-hydroxyphenyl)cyclohexanol, commonly known as O-desmethyltramadol; new categories of synthetic cannabinoids; and 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexanone, commonly known as methoxetamine, and other compounds related to ketamine and phencyclidine. Article 7 substitutes a new paragraph 3 to the effect that an ester or ether of O-desmethyltramadol is not designated as a drug to which section 7(4) of the Misuse of Drugs Act 1971 applies.