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The Misuse of Drugs (Amendment) (No. 2) Regulations (Northern Ireland) 2006

S.R. 2006/214 · Made 11 May 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.

This Statutory Rule is being issued free of charge to all known recipients of Statutory Rule 2006 No. 214 which contained an error.

DANGEROUS DRUGS

Made 11th May 2006

Coming into operation 1st June 2006

The Department of Health, Social Services and Public Safety makes the following Regulations in exercise of the powers conferred by sections 7, 10, 22 and 31 of the Misuse of Drugs Act 1971f1, as adapted by section 38 of that Act and now vested in itf2.

In accordance with section 31(3) of that Act it 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)

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 regulation 2 of the 2002 Regulations
  4. 4Amendment of regulation 6B of the 2002 Regulations
  5. 5Amendment of regulation 7 of the 2002 Regulations
  6. 6Amendment of regulation 8 of the 2002 Regulations
  7. 7Amendment of regulation 9 of the 2002 Regulations
  8. 8Amendment of regulation 10 of the 2002 Regulations
  9. Signature
  10. Explanatory note

1Citation and commencement

(1)

These Regulations may be cited as the Misuse of Drugs (Amendment) (No. 2) Regulations (Northern Ireland) 2006 and shall come into operation on 1st June 2006.

(2)

In these Regulations, “the 2002 Regulations” means the Misuse of Drugs Regulations (Northern Ireland) 2002f1.

2Interpretation

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

3Amendment of regulation 2 of the 2002 Regulations

In regulation 2 of the 2002 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”f3 for “an extended formulary nurse prescriber” substitute “a nurse independent prescriber”.

4Amendment of regulation 6B of the 2002 Regulations

In regulation 6Bf1 of the 2002 Regulations (Authority for Extended Formulary Nurse Prescribers to prescribe)—

(a)

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

(b)

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

(c)

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

(d)

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

(e)

after sub-paragraph (e) insert—

“(f)

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

5Amendment of regulation 7 of the 2002 Regulations

In regulation f1 of the 2002 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”.

6Amendment of regulation 8 of the 2002 Regulations

In regulation 8(7)f1 of the 2002 Regulations (Production and supply of drugs in Schedules 2 and 5), in paragraph (7) for “an extended formlary nurse prescriber” substitute “a nurse independent prescriber”.

7Amendment of regulation 9 of the 2002 Regulations

In regulation 9f1 of the 2002 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”.

8Amendment of regulation 10 of the 2002 Regulations

In regulation 10(2)f1 of the 2002 Regulations (Poession 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

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 11th May 2006.

L.S.

Andrew Elliott

A Senior Officer of the

Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the Misuse of Drugs Regulations (Northern Ireland) 2002 (“the 2002 Regulations”). Regulations 3 to 8 amend regulations 2, 6B and 7 to 10 of the 2002 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 4(c) to (e) and 7(b) amend regulations 6B and 9 of the 2002 Regulations to allow nurse independent prescribers to prescribe and supply diazepam, lorazepam and midazolam for the treatment of tonic-clonic seizures.

A full regulatory impact assessment has not been produced for these regulations as is has no impact on the costs of business.