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The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2021

S.R. 2021/231 · Made 10 August 2021

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 10th August 2021

Coming into operation 18th August 2021

The Department of Healthf1 makes the following Order in exercise of the powers conferred by section 7(4) and (5) of the Misuse of Drugs Act 1971 f2 as adapted by section 7(9) of that Act and now vested in itf3 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

Formerly the Department of Health, Social Services and Public Safety; see 2016 c. 5 (N.I.), s. 1(5)

f2

1971 c. 38 as amended by section 151 of, and Schedule 17 to, the Police Reform and Social Responsibility Act 2011 c.13

f3

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

1Citation, commencement and interpretation

(1)

This Order may be cited as the Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2021 and shall come into operation on 18th August 2021.

(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) 2001

(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 “Etryptamine” insert “Flualprazolam (8-chloro-6-(2-fluorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)”;

(b)

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

(c)

after “Nitrazolam (1-Methyl-8-nitro-6-phenyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)” insert “Norfludiazepam (7-chloro-5-(2-fluorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one)”.

3Revocation

The Misuse of Drugs (Designation) (Amendment) Regulations (Northern Ireland) 2021f1 are revoked.

Signature

Sealed with the Official Seal of the Department of Health on 10th August 2021

(L.S.)

Dr Lourda Geoghegan

A senior officer of the Department of Health

Explanatory note

(This note is not part of the Order)

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

Section 7(3) of the Misuse of Drugs Act 1971 (c. 38) (“the 1971 Act”) requires regulations to be made to allow the use for certain purposes, including medical use, of the drugs which are subject to control under that Act. Section 7(4)(b) of the 1971 Act provides, however, that designated controlled drugs will be exempt from this easement and so cannot lawfully be prescribed, administered, produced, compounded or supplied except under licence or other authority issued by the Department of Health. The designations in question are in the Misuse of Drugs (Designation) Order (Northern Ireland) 2001 (“the Order”). Part 1 of Schedule 1 to the Order is amended by adding flualprazolam, flunitrazolam and norfludiazepam to that Part (which specifies controlled drugs to which section 7(4) of the 1971 Act applies).

The Misuse of Drugs (Designation) (Amendment) Regulations (Northern Ireland) 2021 are revoked.