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The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2024

S.R. 2024/37 · Made 6 March 2024 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 27 March 2024.

Dangerous Drugs

Made 6th March 2024

Coming into operation 27th March 2024

The Department of Health, makes the following Order in exercise of the powers conferred by section 7(4) and (5) of the Misuse of Drugs Act 1971f1 as adapted by section 7(9) of that Act and now vested in itf2 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, as amended by the Police Reform and Social Responsibility Act 2011 (c. 13), Sch 17, para 7.

f2

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

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Misuse of Drugs (Designation) Order (Northern Ireland) 2001
  3. Signature
  4. Explanatory note

1Citation, commencement and interpretationI1

(1)

This Order may be cited as the Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2024 and shall come into operation on 27th March 2024.

(2)

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

2Amendment of the Misuse of Drugs (Designation) Order (Northern Ireland) 2001I1

(1)

The following amendments are made to Part 1 of Schedule 1 to the Misuse of Drugs (Designation) Order (Northern Ireland) 2001f1 (which specifies Controlled Drugs to which section 7(4) of the Misuse of Drugs Act 1971 applies).

(2)

In paragraph 1(a) —

(a)

after “Bromazolam (8-bromo-1-methyl-6-phenyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)” insert “Brorphine”;

(b)

after “1,4-Butanediol” insert “Butonitazene”;

(c)

after “Clonazolam (6-(2-Chlorophenyl)-1-methyl-8-nitro-4H-[1,2,4]triazolo[4,3-a][1,4] benzodiazepine)” insert “Clonitazene”;

(d)

after “Concentrate of poppy-straw” insert “Cumyl-PeGaClone”;

(e)

after “Diclazepam (7-Chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2H-1,4-benzodiazepin-2-one)” insert—

“Diphenidine

Ephenidine

Ethyleneoxynitazene”;

(f)

after “Etizolam” insert—

“Etodesnitazene (etazene)

Etonitazene”;

(g)

after “Flubromazolam (8-Bromo-6-(2-fluorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4] benzodiazepine)” insert “Flunitazene”;

(h)

after “Isopropylphenidate (IPP or IPPD)” insert “Isotonitazene”;

(i)

after “Methcathinone” insert “Methoxyphenidine”;

(j)

after “Metizolam (4-(2-Chlorophenyl)-2-ethyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4] diazepine)” insert—

“Metodesnitazene (metazene)

Metonitazene”;

(k)

after “Propylphenidate” insert “Protonitazene”;

(l)

after “1-Cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45)” insert—

“N-Desethyl etonitazene

N-Desethylisotonitazene

N-Desethyl protonitazene”;

(m)

after “4-Methyl-5-(4-methylphenyl)-4,5-dihydrooxazol-2-amine (4,4’-DMAR)” insert—

“N-Piperidinyl-etonitazene (etonitazepipne)

N-Pyrrolidino-etonitazene (etoniazepyne)

N-Pyrrolidino protonitazene”.

Signature

Sealed with the Official Seal of the Department of Health on 6th March 2024.

(L.S.)

Cathy Harrison

A senior officer of the Department of Health

Explanatory note

(This note is not part of the Regulations)

This Order amends the Misuse of Drugs (Designation) Order (Northern Ireland) 2001 (S.R. 2001 No. 431) (“the Order”).

Regulation 2 adds twenty-one substances (including seventeen synthetic opioids, sixteen of which are nitazenes) to Part 1 of Schedule 1 to the Order. Section 7(3) of the Misuse of Drugs Act 1971 (c. 38) requires the Department of Health to make regulations to allow drugs controlled under that Act to be used for medicinal purposes. Section 7(3), however, does not apply to any drug which is designated by order under section 7(4) of that Act. Controlled drugs are designated where the Department of Health is of the opinion that it is in the public interest for production, supply and possession of that drug to be either wholly unlawful or unlawful except for research or other special purposes, or for medicinal use of the drug to be unlawful except under licence. Schedule 1 to the Order specifies the list of controlled drugs to which section 7(4) applies.