|
This
version of the Misuse of Drugs Act 1971 has been taken with
kind permission from the "Crack Cocaine in Camden"
site whichwent offline in 2003. We could not vouch for it's
accuracy then and there have been many changes since. We are
unaware of an updated version which is publicly accessible online.
Home
Office information on the Misuse of Drugs Act (Home Office website)
here
UKCIA
has transcribed the original act which is still available
for historical interest..
Please
consult a law professional for any questions on the legislation
and interpretation of drug laws!
|
An Act to make new provision with respect to dangerous or otherwise
harmful drugs and related matters, and for purposes connected
therewith.
|
|
| s1 |
The
Advisory Council on the Misuse of Drugs. |
| |
(1)
(2)
(3)
(4)
|
There shall be constituted in accordance with Schedule 1 to
this Act as Advisory Council on the Misuse of Drugs (in this
Act referred to as "the Advisory Council"); and the
supplementary provisions contained in that Schedule shall have
effect in relation to the Council.
It shall be the duty of the Advisory Council to keep under review
the situation in the United Kingdom with respect to drugs which
are being or appear to them likely to be misused and of which
the misuse is having or appears to them capable of having harmful
effects sufficient to constitute a social problem, and to give
to any one or more of the Ministers, where either the Council
consider it expedient to do so or they are consulted by the
Minister or Ministers in question, advice on measures (whether
or not involving alteration of the law) which in the opinion
of the Council ought to be taken for preventing the misuse of
such drugs or dealing with social problems connected with their
misuse, and in particular on measures which in the opinion of
the Council ought to be taken:
(a) for restricting the availability of such drugs or supervising
the arrangements for their supply;
(b) for enabling persons affected by the misuse of such drugs
to obtain proper advice, and for securing the provision of proper
facilities and services for the treatment, rehabilitation and
after-care of such persons;
(c) for promoting co-operation between the various professional
and community services which in the opinion of the Council have
a part to play in dealing with social problems connected with
the misuse of such drugs;
(d) for educating the public (and in particular the young) in
the dangers of misusing such drugs, and for giving publicity
to those dangers; and
(e) for promoting research into, or otherwise obtaining information
about, any matter which in the opinion of the Council is of
relevance for the purpose of preventing the misuse of such drugs
or dealing with any social problem connected with their misuse.
It shall also be the duty of the Advisory Council to consider
any matter relating to drug dependence or the misuse of drugs
which may be referred to them by any one or more of the Ministers
and to advise the Minister or Ministers in question thereon,
and in particular to consider and advise the Secretary of State
with respect to any communication referred by him to the Council,
being a communication relating to the control of any dangerous
or otherwise harmful drug made to Her Majesty's Government in
the United Kingdom by any organisation or authority established
by or under any treaty, convention or other agreement or arrangement
to which that Government is for the time being a party.
In this section "the Ministers" means the Secretary
of State for the Home Department, the Secretaries of State respectively
concerned with health in England, Wales and Scotland, the Secretaries
of State respectively concerned with education in England, Wales
and Scotland, the Minister of Home Affairs for Northern Ireland,
the Minister of Health and Social Services for Northern Ireland
and the Minister of Education for Northern Ireland.
|
|
| s2 |
Controlled
drugs and their classification for purposes of this Act.
|
| |
(1)
(2)
(3)
(4)
(5) |
In this Act:
(a) the expression "controlled drug" means any substance
or product for the time being specified in Part I, II, or III
of Schedule 2 to this Act; and
(b) the expressions "Class A drug", "Class B
drug" and "Class C drug" mean any of the substances
and products for the time being specified respectively in Part
I, Part II and Part III of that Schedule;
and the provisions of Part IV of that Schedule shall have effect
with respect to the meanings of expressions used in that Schedule.
Her Majesty may by Order in Council make such amendments in
Schedule 2 to this Act as may be requisite for the purpose of
adding any substance or product to, or removing any substance
or product from, any of Parts I to III of that Schedule, including
amendments for securing that no substance or product is for
the time being specified in a particular one of those Parts
or for inserting any substance or product into any of those
Parts in which no substance or product is for the time being
specified.
An Order in Council under this section may amend Part IV of
Schedule 2 to this Act, and may do so whether or not it amends
any other Part of that Schedule.
An Order in Council under this section may be varied or revoked
by a subsequent Order in Council thereunder.
No recommendation shall be made to Her Majesty in Council to
make an Order under this section unless a draft of the Order
has been laid before Parliament and approved by a resolution
of each House of Parliament; and the Secretary of State shall
not lay a draft of such an Order before Parliament except after
consultation with or on the recommendation of the Advisory Council.
|
|
| s3 |
Restriction
of importation and exportation of controlled drugs. |
| |
(1)
(2) |
Subject
to subsection (2) below:
(a) the importation of a controlled drug; and
(b) the exportation of a controlled drug,
are hereby prohibited.
Subsection (1) above does not apply:
(a) to the importation or exportation of a controlled drug which
is for the time being excepted from paragraph (a) or, as the case
may be, paragraph (b) of subsection (1) above by regulations under
section 7 of this Act; or
(b) to the importation or exportation of a controlled drug under
and in accordance with the terms of a licence issued by the Secretary
of State and in compliance with any conditions attached thereto. |
|
| s4 |
Restriction
of production and supply of controlled drugs. |
| |
(1)
(2)
(3) |
Subject to any regulations under section 7 of this Act for the
time being in force, it shall not be lawful for a person:
(a) to produce a controlled drug; or
(b) to supply or offer to supply a controlled drug to another.
Subject to section 28 of this Act, it is an offence for a person:
(a) to produce a controlled drug in contravention of subsection
(1) above; or
(b) to be concerned in the production of such a drug in contravention
of that subsection by another.
Subject to section 28 of this Act, it is an offence for a person:
(a) to supply or offer to supply a controlled drug to another
in contravention of subsection (1) above; or
(b) to be concerned in the supplying of such a drug to another
in contravention of that subsection; or
(c) to be concerned in the making to another in contravention
of that subsection of an offer to supply such a drug.
|
|
| s5 |
Restriction
of possession of controlled drugs. |
| |
(1)
(2)
(3)
(4)
(5)
(6) |
Subject to any regulations under section 7 of this Act for the
time being in force, it shall not be lawful for a person to
have a controlled drug in his possession.
Subject to section 28 of this Act and to subsection (4) below,
it is an offence for a person to have a controlled drug in his
possession in contravention of subsection (1) above.
Subject to section 28 of this Act, it is an offence for a person
to have a controlled drug in his possession, whether lawfully
or not, with intent to supply it to another in contravention
of section 4(1) of this Act.
In any proceedings for an offence under subsection (2) above
in which it is proved that the accused had a controlled drug
in his possession, it shall be a defence for him to prove:
(a) that, knowing or suspecting it to be a controlled drug,
he took possession of it for the purpose of preventing another
from committing or continuing to commit an offence in connection
with that drug and that as soon as possible after taking possession
of it he took all such steps as were reasonably open to him
to destroy the drug or to deliver it into the custody of a person
lawfully entitled to take custody of it; or
(b) that, knowing or suspecting it to be a controlled drug,
he took possession of it for the purpose of delivering it into
the custody of a person lawfully entitled to take custody of
it and that as soon as possible after taking possession of it
he took all such steps as were reasonably open to him to deliver
it into the custody of such a person.
(Repealed by Criminal Attempts Act 1981, Sch. Pt. I)
Nothing in subsection (4) above shall prejudice any defence
which it is open to a person charged with an offence under this
section to raise apart from that subsection.
|
|
| s6 |
Restriction
of cultivation of cannabis plant. |
| |
(1)
(2) |
Subject to any regulations under section 7 of this Act for the
time being in force, it shall not be lawful for a person to cultivate
any plant of the genus Cannabis.
Subject to section 28 of this Act, it is an offence to cultivate
any such plant in contravention of subsection (1) above. |
|
| s7 |
Authorisation
of activities otherwise unlawful under foregoing provisions.
|
| |
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9) |
The Secretary of State may by regulations:
(a) except from section 3(1)(a) or (b), 4(1)(a) or (b) or 5(1)
of this Act such controlled drugs as may be specified in the
regulations; and
(b) make such other provision as he thinks fit for the purpose
of making it lawful for persons to do things which under any
of the following provisions of this Act, that is to say sections
4(1), 5(1) and 6(1), it would otherwise be unlawful for them
to do.
Without prejudice to the generality of paragraph (b) of subsection
(1) above, regulations under that subsection authorising the
doing of any such thing as is mentioned in that paragraph may
in particular provide for the doing of that thing to be lawful:
(a) if it is done under and in accordance with the terms of
a licence or other authority issued by the Secretary of State
and in compliance with any conditions attached thereto; or
(b) if it is done in compliance with such conditions as may
be prescribed.
Subject to subsection (4) below, the Secretary of State shall
so exercise his power to make regulations under subsection (1)
above as to secure:
(a) that it is not unlawful under section 4(1) of this Act for
a doctor, dentist, veterinary practitioner or veterinary surgeon,
acting in his capacity as such, to prescribe, administer, manufacture,
compound or supply a controlled drug, or for a pharmacist or
a person lawfully conducting a retail pharmacy business, acting
in either case in his capacity as such, to manufacture, compound
or supply a controlled drug; and
(b) that it is not unlawful under section 5(1) of this Act for
a doctor, dentist, veterinary practitioner, veterinary surgeon,
pharmacist or person lawfully conducting a retail pharmacy business
to have a controlled drug in his possession for the purpose
of acting in his capacity as such.
If in the case of any controlled drug the Secretary of State
is of the opinion that it is in the public interest:
(a) for production, supply and possession of that drug to be
either wholly unlawful or unlawful except for purposes of research
or other special purposes; or
(b) for it to be unlawful for practitioners, pharmacists and
persons lawfully conducting retail pharmacy businesses to do
in relation to that drug any of the things mentioned in subsection
(3) above except under a licence or other authority issued by
the Secretary of State,
he may by order designate that drug as a drug to which this
subsection applies; and while there is in force an order under
this subsection designating a controlled drug as one to which
this subsection applies, subsection (3) above shall not apply
as regards that drug.
Any order under subsection (4) above may be varied or revoked
by a subsequent order thereunder.
The power to make orders under subsection (4) above shall be
exercisable by statutory instrument, which shall be subject
to annulment in pursuance of a resolution of either House of
Parliament.
The Secretary of State shall not make any order under subsection
(4) above except after consultation with or on the recommendation
of the Advisory Council.
References in this section to a person's "doing" things
include references to his having things in his possession.
In its application to Northern Ireland this section shall have
effect as if for references to the Secretary of State there
were substituted references to the Ministry of Home Affairs
for Northern Ireland and as if for subsection (6) there were
substituted:
"(6) Any order made under subsection (4) above by the Ministry
of Home Affairs for Northern Ireland shall be subject to negative
resolution within the meaning of section 41(6) of the Interpretation
Act (Northern Ireland) 1954 as if it were a statutory instrument
within the meaning of that Act."
|
|
| s8 |
Occupiers
etc. of premises to be punishable for permitting certain activities
to take place there. |
| |
|
A
person commits an offence if, being the occupier or concerned
in the management of any premises, he knowingly permits or suffers
any of the following activities to take place on those premises,
that is to say:
(a) producing or attempting to produce a controlled drug in
contravention of section 4(1) of this Act;
(b) supplying or attempting to supply a controlled drug to another
in contravention of section 4(1) of this Act, or offering to
supply a controlled drug to another in contravention of section
4(1);
(c) preparing opium for smoking;
(d) smoking cannabis, cannabis resin or prepared opium.
|
|
| s9 |
Prohibition
of certain activities etc. relating to opium. |
| |
|
Subject
to section 28 of this Act, it is an offence for a person:
(a) to smoke or otherwise use prepared opium; or
(b) to frequent a place used for the purpose of opium smoking;
or
(c) to have in his possession:
(i) any pipes or other utensils made or adapted for use in connection
with the smoking of opium, being pipes or utensils which have
been used by him or with his knowledge and permission in that
connection or which he intends to use or permit others to use
in that connection; or
(ii) any utensils which have been used by him or with his knowledge
and permission in connection with the preparation of opium for
smoking.
|
|
| s9A |
Prohibition
of supply etc. of articles for administering or preparing controlled
drugs. |
| |
(1)
(2)
(3)
(4)
(5) |
A
person who supplies or offers to supply any article which may
be used or adapted to be used (whether by itself or in combination
with another article or other articles) in the administration
by any person of a controlled drug to himself or another, believing
that the article (or the article as adapted) is to be so used
in circumstances where the administration is unlawful, is guilty
of an offence.
It is not an offence under subsection (1) above to supply or
offer to supply a hypodermic syringe, or any part of one.
A person who supplies or offers to supply any article which
may be used to prepare a controlled drug for administration
by any person to himself or another believing that the article
is to be so used in circumstances where the administration is
unlawful is guilty of an offence.
For the purposes of this section, any administration of a controlled
drug is unlawful except:
(a) the administration by any person of a controlled drug to
another in circumstances where the administration of the drug
is not unlawful under section 4(1) of this Act, or
(b) the administration by any person of a controlled drug to
himself in circumstances where having the controlled drug in
his possession is not unlawful under section 5(1) of this Act.
In this section, references to administration by any person
of a controlled drug to himself include a reference to his administering
it to himself with the assistance of another.
|
| (s9A
was inserted by the Drug Trafficking Offences Act 1986, s34(1)) |
|
| s10 |
Power
to make regulations for preventing misuse of controlled drugs.
|
| |
(1)
(2) |
Subject
to the provisions of this Act, the Secretary of State may by regulations
make such provision as appears to him necessary or expedient for
preventing the misuse of controlled drugs.
Without prejudice to the generality of subsection (1) above, regulations
under this section may in particular make provision:
(a) for requiring precautions to be taken for the safe custody
of controlled drugs;
(b) for imposing requirements as to the documentation of transactions
involving controlled drugs, and for requiring copies of documents
relating to such transactions to be furnished to the prescribed
authority;
(c) for requiring the keeping of records and the furnishing of
information with respect to controlled drugs in such circumstances
and in such manner as may be prescribed;
(d) for the inspection of any precautions taken or records kept
in pursuance of regulations under this section;
(e) as to the packaging and labelling of controlled drugs;
(f) for regulating the transport of controlled drugs and the methods
used for destroying or otherwise disposing of such drugs when
no longer required;
(g) for regulating the issue of prescriptions containing controlled
drugs and the supply of controlled drugs on prescriptions, and
for requiring persons issuing or dispensing prescriptions containing
such drugs to furnish to the prescribed authority such information
relating to those prescriptions as may be prescribed;
(h) for requiring any doctor who attends a person who he considers,
or has reasonable grounds to suspect, is addicted (within the
meaning of the regulations) to controlled drugs of any description
to furnish to the prescribed authority such particulars with respect
to that person as may be prescribed;
(i) for prohibiting any doctor from administering, supplying and
authorising the administration and supply to persons so addicted,
and from prescribing for such persons, such controlled drugs as
may be prescribed, except under and in accordance with the terms
of a licence issued by the Secretary of State in pursuance of
the regulations. |
|
| s11 |
Power
to direct special precautions for safe custody of controlled drugs
to be taken at certain premises. |
| |
(1)
(2) |
Without
prejudice to any requirement imposed by regulations made in
pursuance of section 10(2)(a) of this Act, the Secretary of
State may by notice in writing served on the occupier of any
premises on which controlled drugs are or are proposed to be
kept give directions as to the taking of precautions or further
precautions for the safe custody of any controlled drugs of
a description specified in the notice which are kept on those
premises.
It is an offence to contravene any directions given under subsection
(1) above.
|
|
| s12 |
Directions
prohibiting prescribing, supply etc. of controlled drugs by practitioners
etc. convicted of certain offences. |
| |
(1)
(2)
(3)
(4)
(5)
(6) |
Where
a person who is a practitioner or pharmacist has after the coming
into operation of this subsection been convicted:
(a) of an offence under this Act or under the Dangerous Drugs
Act 1965 or any enactment repealed by that Act; or
(b) of an offence under section 45, 56 or 304 of the Customs and
Excise Act 1952 or under section 50, 68 or 170 of the Customs
and Excise Management Act 1979 in connection with a prohibition
of or restriction on importation or exportation of a controlled
drug having effect by virtue of section 3 of this Act or which
has effect by virtue of any provision contained in or repealed
by the Dangerous Drugs Act 1965,
(c) of an offence under section 12 or 13 of the Criminal Justice
(International Co-operation) Act 1990;
the Secretary of State may give a direction under subsection (2)
below in respect of that person.
A direction under this subsection in respect of a person shall:
(a) if that person is a practitioner, be a direction prohibiting
him from having in his possession, prescribing administering,
manufacturing, compounding and supplying and from authorising
the administration and supply of such controlled drugs as may
be specified in the direction;
(b) if that person is a pharmacist, be a direction prohibiting
him from having in his possession, manufacturing, compounding
and supplying and from supervising and controlling the manufacture,
compounding and supply of such controlled drugs as may be specified
in the direction.
The Secretary of State may at any time give a direction cancelling
or suspending any direction given by him under subsection (2)
above, or cancelling any direction of his under this subsection
by which a direction so given is suspended.
The Secretary of State shall cause a copy of any direction given
by him under this section to be served on the person to whom it
applies, and shall cause notice of any such direction to be published
in the London, Edinburgh and Belfast Gazettes.
A direction under this section shall take effect when a copy of
it is served on the person to whom it applies.
It is an offence to contravene a direction given under subsection
(2) above. |
|
| s13 |
Directions
prohibiting prescribing, supply etc. of controlled drugs by practitioners
in other cases. |
| |
(1)
(2)
(3) |
In the event of a contravention by a doctor of regulations made
in pursuance of paragraph (h) or (i) of section 10(2) of this
Act, or of the terms of a licence issued under regulations made
in pursuance of the said paragraph (i), the Secretary of State
may, subject to and in accordance with section 14 of this Act,
give a direction in respect of the doctor concerned prohibiting
him from prescribing, administering and supplying and from authorising
the administration and supply of such controlled drugs as may
be specified in the direction.
If the Secretary of State is of the opinion that a practitioner
is or has after the coming into operation of this subsection
been prescribing, administering or supplying or authorising
the administration or supply of any controlled drugs in an irresponsible
manner, the Secretary of State may, subject to and in accordance
with section 14 or 15 of this Act, give a direction in respect
of the practitioner concerned prohibiting him from prescribing,
administering and supplying and from authorising the administration
and supply of such controlled drugs as may be specified in the
direction.
A contravention such as is mentioned in subsection (1) above
does not as such constitute an offence, but it is an offence
to contravene a direction given under subsection (1) or (2)
above.
|
|
| s14 |
Investigation where grounds for a direction under s. 13 are considered
to exist. |
| |
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
|
If
the Secretary of State considers that there are grounds for giving
a direction under subsection (1) of section 13 of this Act on
account of such a contravention by a doctor as is there mentioned,
or for giving a direction under subsection (2) of that section
on account of such conduct by a practitioner as is mentioned in
the said subsection (2), he may refer the case to a tribunal constituted
for the purpose in accordance with the following provisions of
this Act; and it shall be the duty of the tribunal to consider
the case and report on it to the Secretary of State.
In this Act "the respondent", in relation to a reference
under this Section, means the doctor or other practitioner in
respect of whom the reference is made.
Where:
(a) in the case of a reference relating to the giving of a direction
under the said subsection (1), the tribunal finds that there has
been no such contravention as aforesaid by the respondent or finds
that there has been such a contravention but does not recommend
the giving of a direction under that subsection in respect of
the respondent; or
(b) in the case of a reference relating to the giving of a direction
under the said subsection (2), the tribunal finds that there has
been no such conduct as aforesaid by the respondent or finds that
there has been such conduct by the respondent but does not recommend
the giving of a direction under the said subsection (2) in respect
of him,
the Secretary of State shall cause notice to that effect to be
served on the respondent.
Where the tribunal finds:
(a) in the case of a reference relating to the giving of a direction
under the said subsection (1), that there has been such a contravention
as aforesaid by the respondent; or
(b) in the case of a reference relating to the giving or a direction
under the said subsection (2), that there has been such conduct
as aforesaid by the respondent,
and considers that a direction under the subsection in question
should be given in respect of him, the tribunal shall include
in its report a recommendation to that effect indicating the controlled
drugs which it considers should be specified in the direction
or indicating that the direction should specify all controlled
drugs.
Where the tribunal makes such a recommendation as aforesaid, the
Secretary of State shall cause a notice to be served on the respondent
stating whether or not he proposes to give a direction pursuant
thereto, and where he does so propose the notice shall:
(a) set out the terms of the proposed direction; and
(b) inform the respondent that consideration will be given to
any representations relating to the case which are made by him
in writing to the Secretary of State within the period of twenty-eight
days beginning with the date of service of the notice.
If any such representations are received by the Secretary of State
within the period aforesaid, he shall refer the case to an advisory
body constituted for the purpose in accordance with the following
provisions of this Act; and it shall be the duty of the advisory
body to consider the case and to advise the Secretary of State
as to the exercise of his powers under subsection (7) below.
After the expiration of the said period of twenty-eight days and,
in the case of a reference to an advisory body under subsection
(6) above, after considering the advice of that body, the Secretary
of State may either:
(a) give in respect of the respondent a direction under subsection
(1) or, as the case may be, subsection (2) of section 13 of this
Act specifying all or any of the controlled drugs indicated in
the recommendation of the tribunal; or
(b) order that the case be referred back to the tribunal, or referred
to another tribunal constituted as aforesaid; or
(c) order that no further proceedings under this section shall
be taken in the case.
Where a case is referred or referred back to a tribunal in pursuance
of subsection (7) above, the provisions of subsections (2) to
(7) above shall apply as if the case had been referred to the
tribunal in pursuance of subsection (1) above, and any finding,
recommendation or advice previously made or given in respect of
the case in pursuance of those provisions shall be disregarded. |
|
| s15 |
Temporary directions under s. 13(2). |
| |
(1)
(2)
(3)
(4)
(5)
(6)
(7)
|
If
the Secretary of State considers that there are grounds for giving
a direction under subsection (2) of section 13 of this Act in
respect of a practitioner on account of such conduct by him as
is mentioned in that subsection and that the circumstances of
the case require such a direction to be given with the minimum
of delay, he may, subject to the following provisions of this
section, give such a direction in respect of him by virtue of
this section; and a direction under section 13(2) given by virtue
of this section may specify such controlled drugs as the Secretary
of State thinks fit.
Where the Secretary of State proposes to give such a direction
as aforesaid by virtue of this section, he shall refer the case
to a professional panel constituted for the purpose in accordance
with the following provisions of this Act; and
(a) it shall be the duty of the panel, after affording the respondent
an opportunity of appearing before and being heard by the panel,
to consider the circumstances of the case, so far as known to
it, and to report to the Secretary of State whether the information
before the panel appears to it to afford reasonable grounds for
thinking that there has been such conduct by the respondent as
is mentioned in section 13(2) of this Act; and
(b) the Secretary of State shall not by virtue of this section
give such a direction as aforesaid in respect of the respondent
unless the panel reports that the information before it appears
to it to afford reasonable grounds for so thinking.
In this Act "the respondent", in relation to a reference
under subsection (2) above, means the practitioner in respect
of whom the reference is made.
Where the Secretary of State gives such a direction as aforesaid
by virtue of this section he shall, if he has not already done
so, forthwith refer the case to a tribunal in accordance with
section 14(1) of this Act.
Subject to subsection (6) below, the period of operation of a
direction under section 13(2) of this Act given by virtue of this
section shall be a period of six weeks beginning with the date
on which the direction takes effect.
Where a direction under section 13(2) of this Act has been given
in respect of a person by virtue of this section and the case
has been referred to a tribunal in accordance with section 14(1),
the Secretary of State may from time to time, by notice in writing
served on the person to whom the direction applies, extend or
further extend the period of operation of the direction for a
further twenty-eight days from the time when that period would
otherwise expire, but shall not so extend or further extend that
period without the consent of that tribunal, or, if the case has
been referred to another tribunal in pursuance of section 14(7)
of this Act, of that other tribunal.
A direction under section 13(2) of this Act given in respect of
a person by virtue of this section shall (unless previously cancelled
under section 16(3) of this Act) cease to have effect on the occurrence
of any of the following events, that is to say:
(a) the service on that person of a notice under section 14(3)
of this Act relating to his case;
(b) the service on that person of a notice under section 14(5)
of this Act relating to his case stating that the Secretary of
State does not propose to give a direction under section 13(2)
of this Act pursuant to a recommendation of the tribunal that
such a direction should be given;
(c) the service on that person of a copy of such a direction given
in respect of him in pursuance of section 14(7) of this Act;
(d) the making of an order by the Secretary of State in pursuance
of section 14(7) that no further proceedings under section 14
shall be taken in the case;
(e) the expiration of the period of operation of the direction
under section 13(2) given by virtue of this section. |
|
| s16 |
Provisions
supplementary to ss. 14 and 15. |
| |
(1)
(2)
(3)
(4) |
The provisions of Schedule 3 to this Act shall have effect with
respect to the constitution and procedure of any tribunal, advisory
body or professional panel appointed for the purposes of section
14 or 15 of this Act, and with respect to the other matters
there mentioned.
The Secretary of State shall cause a copy of any order or direction
made or given by him in pursuance of section 14(7) of this Act
or any direction given by him by virtue of the said section
15 to be served on the person to whom it applies and shall cause
notice of any such direction, and a copy of any notice served
under section 15(6) of this Act, to be published in the London,
Edinburgh and Belfast Gazettes.
The Secretary of State may at any time give a direction:
(a) cancelling or suspending any direction given by him in pursuance
of section 14(7) of this Act or cancelling any direction of
his under this subsection by which a direction so given is suspended;
or
(b) cancelling any direction given by him by virtue of section
15 of this Act,
and shall cause a copy of any direction of his under this subsection
to be served on the person to whom it applies and notice of
it to be published as aforesaid.
A direction given under section 13(1) or (2) of this Act or
under subsection (3) above shall take effect when a copy of
it is served on the person to whom it applies.
|
|
| s17 |
Power
to obtain information from doctors, pharmacists etc. in certain
circumstances. |
| |
(1)
(2)
(3)
(4)
(5)
|
If
it appears to the Secretary of State that there exists in any
area in Great Britain a social problem caused by the extensive
misuse of dangerous or otherwise harmful drugs in that area, he
may by notice in writing served on any doctor or pharmacist practising
in or in the vicinity of that area, or on any person carrying
on a retail pharmacy business within the meaning of the Medicines
Act 1968 at any premises situated in or in the vicinity of that
area, require him to furnish to the Secretary of State, with respect
to any such drugs specified in the notice and as regards any period
so specified, such particulars as may be so specified relating
to the quantities in which and the number and frequency of the
occasions on which those drugs:
(a) in the case of a doctor, were prescribed, administered or
supplied by him;
(b) in the case of a pharmacist, were supplied by him; or
(c) in the case of a person carrying on a retail pharmacy business,
were supplied in the course of that business at any premises so
situated which may be specified in the notice.
A notice under this section may require any such particulars to
be furnished in such manner and within such time as may be specified
in the notice and, if served on a pharmacist or person carrying
on a retail pharmacy business, may require him to furnish the
names and addresses of doctors on whose prescriptions any dangerous
or otherwise harmful drugs to which the notice relates were supplied,
but shall not require any person to furnish any particulars relating
to the identity of any person for or to whom any such drug has
been prescribed, administered or supplied.
A person commits an offence if without reasonable excuse (proof
of which shall lie on him) he fails to comply with any requirement
to which he is subject by virtue of subsection (1) above.
A person commits an offence if in purported compliance with a
requirement imposed under this section he gives any information
which he knows to be false in a material particular or recklessly
gives any information which is so false.
In its application to Northern Ireland this section shall have
effect as if for the references to Great Britain and the Secretary
of State there were substituted respectively references to Northern
Ireland and the Ministry of Home Affairs for Northern Ireland. |
|
| s18 |
Miscellaneous offences. |
| |
(1)
(2)
(3)
(4)
|
It
is an offence for a person to contravene any regulations made
under this Act other than regulations made in pursuance of section
10(2)(h) or (i).
It is an offence for a person to contravene a condition or other
term of a licence issued under section 3 of this Act or of a licence
or other authority issued under regulations made under this Act,
not being a licence issued under regulations made in pursuance
of section 10(2)(i).
A person commits an offence if, in purported compliance with any
obligation to give information to which he is subject under or
by virtue of regulations made under this Act, he gives any information
which he knows to be false in a material particular or recklessly
gives any information which is so false.
A person commits an offence if, for the purpose of obtaining,
whether for himself or another, the issue or renewal of a licence
or other authority under this Act or under any regulations made
under this Act, he:
(a) makes any statement or gives any information which he knows
to be false in a material particular or recklessly gives any information
which is so false; or
(b) produces or otherwise makes use of any book, record or other
document which to his knowledge contains any statement or information
which he knows to be false in a material particular. |
|
| s19 |
Attempts
etc. to commit offences. |
| |
It
is an offence for a person to incite another to commit such an
offence. |
|
| s20 |
Assisting
in or inducing commission outside United Kingdom of offence punishable
under a corresponding law. |
| |
A
person commits an offence if in the United Kingdom he assists
in or induces the commission in any place outside the United
Kingdom of an offence punishable under the provisions of a corresponding
law in force in that place.
|
| s
21 |
Offences
by corporations. |
| |
Where
any offence under this Act or Part II of the Criminal Justice
(International Co-operation) Act 1990 or section 49 of the Drug
Trafficking Act 1994 or Article 47 of the Proceeds of Crime
(Northern Ireland) Order 1996 committed by a body corporate
is proved to have been committed with the consent or connivance
of, or to be attributable to any neglect on the part of, any
director, manager, secretary or other similar officer of the
body corporate, or any person purporting to act in any such
capacity, he as well as the body corporate shall be guilty of
that offence and shall be liable to be proceeded against accordingly.
|
|
| s22 |
Further
powers to make regulations. |
| |
The
Secretary of State may by regulations make provision:
(a) for excluding in such cases as may be prescribed:
(i) the application of any provision of this Act which creates
an offence; or
(ii) the application of any of the following provisions of the
Customs and Excise Management Act 1979, that is to say, sections
50(1) to (4), 68(2) and (3) and 170, in so far as they apply
in relation to a prohibition or restriction on importation or
exportation having effect by virtue of section 3 of this Act;
(b) for applying any of the provisions of sections 14 to 16
of this Act and Schedule 3 thereto, with such modifications
(if any) as may be prescribed:
(i) in relation to any proposal by the Secretary of State to
give a direction under section 12(2) of this Act; or
(ii) for such purposes of regulations under this Act as may
be prescribed;
(c) for the application of any of the provisions of this Act
or regulations or orders thereunder to servants or agents of
the Crown, subject to such exceptions, adaptations and modifications
as may be prescribed.
|
|
| s23 |
Powers
to search and obtain evidence. |
| |
(1)
(2)
(3)
(3A)
(4)
(5)
|
A
constable or other person authorised in that behalf by a general
or special order of the Secretary of State (or in Northern Ireland
either of the Secretary of State or the Ministry of Home Affairs
for Northern Ireland) shall, for the purposes of the execution
of this Act, have power to enter the premises of a person carrying
on business as a producer or supplier of any controlled drugs
and to demand the production of, and to inspect, any books or
documents relating to dealings in any such drugs and to inspect
any stocks of any such drugs.
If a constable has reasonable grounds to suspect that any person
is in possession of a controlled drug in contravention of this
Act or of any regulations made thereunder, the constable may:
(a) search that person, and detain him for the purpose of searching
him;
(b) search any vehicle or vessel in which the constable suspects
that the drug may be found, and for that purpose require the person
in control of the vehicle or vessel to stop it;
(c) seize and detain, for the purposes of proceedings under this
Act, anything found in the course of the search which appears
to the constable to be evidence of an offence under this Act.
In this subsection "vessel" includes a hovercraft within
the meaning of the Hovercraft Act 1968; and nothing in this subsection
shall prejudice any power of search or any power to seize or detain
property which is exercisable by a constable apart from this subsection.
If a justice of the peace (or in Scotland a justice of the peace,
a magistrate or a sheriff) is satisfied by information on oath
that there is reasonable ground for suspecting:
(a) that any controlled drugs are, in contravention of this Act
or of any regulations made thereunder, in the possession of a
person on any premises; or
(b) that a document directly or indirectly relating to, or connected
with, a transaction or dealing which was, or an intended transaction
or dealing which would if carried out be, an offence under this
Act, or in the case of a transaction or dealing carried out or
intended to be carried out in a place outside the United Kingdom,
an offence against the provisions of a corresponding law in force
in that place, is in the possession of a person on any premises,
he may grant a warrant authorising any constable acting for the
police area in which the premises are situated at any time or
times within one month from the date of the warrant, to enter,
if need be by force, the premises named in the warrant, and to
search the premises and any persons found therein and, if there
is reasonable ground for suspecting that an offence under this
Act has been committed in relation to any controlled drugs found
on the premises or in the possession of any such persons, or that
a document so found is such a document as is mentioned in paragraph
(b) above, to seize and detain those drugs or that document, as
the case may be.
The powers conferred by subsection (1) above shall be exercisable
also for the purposes of the execution of Part II of the Criminal
Justice (International Co-operation) Act 1990 or section 49 of
the Drug Trafficking Act 1994 or Article 47 of the Proceeds of
Crime (Northern Ireland) Order 1996 and subsection (3) above (excluding
paragraph (a)) shall apply also to offences under section 12 or
13 of that Act of 1990, taking references in those provisions
to controlled drugs as references to scheduled substances within
the meaning of that Part.
A person commits an offence if he:
(a) intentionally obstructs a person in the exercise of his powers
under this section; or
(b) conceals from a person acting in the exercise of his powers
under subsection (1) above any such books, documents, stocks or
drugs as are mentioned in that subsection; or
(c) without reasonable excuse (proof of which shall lie on him)
fails to produce any such books or documents as are so mentioned
where their production is demanded by a person in the exercise
of his powers under that subsection.
In its application to Northern Ireland subsection (3) above shall
have effect as if the words "acting for the police area in
which the premises are situated" were omitted. |
|
| s24 |
In
relation to England and Wales: s.24 is repealed |
|
| s25 |
Prosecution
and punishment of offences. |
| |
(1)
(2)
(3)
(4)
(5)
(6)
|
Schedule
4 to this Act shall have effect, in accordance with subsection
(2) below, with respect to the way in which offences under this
Act are punishable on conviction.
In relation to an offence under a provision of this Act specified
in the first column of the Schedule (the general nature of the
offence being described in the second column):
(a) the third column shows whether the offence is punishable
on summary conviction or on indictment or in either way;
(b) the fourth, fifth and sixth columns show respectively the
punishments which may be imposed on a person convicted of the
offence in the way specified in relation thereto in the third
column (that is to say, summarily or on indictment) according
to whether the controlled drug in relation to which the offence
was committed was a Class A drug, a Class B drug or a Class
C drug; and
(c) the seventh column shows the punishments which may be imposed
on a person convicted of the offence in the way specified in
relation thereto in the third column (that is to say, summarily
or on indictment), whether or not the offence was committed
in relation to a controlled drug and, if it was so committed,
irrespective of whether the drug was a Class A drug, a Class
B drug or a Class C drug;
and in the fourth, fifth, sixth and seventh columns a reference
to a period gives the maximum term of imprisonment and a reference
to a sum of money the maximum fine.
An offence under section 19 of this Act shall be punishable
on summary conviction, on indictment or in either way according
to whether, under Schedule 4 to this Act, the substantive offence
is punishable on summary conviction, in indictment or in either
way; and the punishments which may be imposed on a person convicted
of an offence under that section are the same as those which,
under that Schedule, may be imposed on a person convicted of
the substantive offence.
In this subsection "the substantive offence" means
the offence under this Act to which the incitement mentioned
in section 19 was directed.
Notwithstanding anything in section 127(1) of the Magistrates'
Courts Act 1980, a magistrates' court in England and Wales may
try an information for an offence under this Act if the information
was laid at any time within twelve months from the commission
of the offence.
(Applies to Scotland only) Notwithstanding anything in section
331 of the Criminal Procedure (Scotland) Act 1975 (limitation
of time for proceedings in statutory offences) summary proceedings
in Scotland for an offence under this Act may by commenced at
any time within twelve months from the time when the offence
was committed, and subsection (2) of the said section 23 shall
apply for the purposes of this subsection as it applies for
the purposes of that section.
Notwithstanding anything in section 34 of the Magistrates' Courts
Act (Northern Ireland) 1964, a magistrates' court in Northern
Ireland may hear and determine a complaint for an offence under
section 17(3) of this Act if the complaint was made at any time
within twelve months from the commission of the offence.
|
|
| s26 |
Repealed
by Customs and Excise Management Act 1979, Sch 6 Pt. I. |
|
| s27 |
Forfeiture. |
| |
(1)
(2)
|
Subject
to subsection (2) below, the court by or before which a person
is convicted of an offence under this Act or a drug trafficking
offence, as defined in section 1(3) of the Drug Trafficking
Act 1994 or an offence to which section 1 of the Criminal Justice
(Scotland) Act 1987 relates may order anything shown to the
satisfaction of the court to relate to the offence, to be forfeited
and either destroyed or dealt with in such other manner as the
court may order.
The court shall not order anything to be forfeited under this
section, where a person claiming to be the owner of or otherwise
interested in it applies to be heard by the court, unless an
opportunity has been given to him to show cause why the order
should not be made.
|
|
| s28 |
Proof
of lack of knowledge etc. to be a defence in proceedings for certain
offences. |
| |
(1)
(2)
(3)
(4)
|
This
section applies to offences under any of the following provisions
of this Act, that is to say section 4(2) and (3), section 5(2)
and (3), section 6(2) and section 9.
Subject to subsection (3) below, in any proceedings for an offence
to which this section applies it shall be a defence for the
accused to prove that he neither knew of nor suspected nor had
reason to suspect the existence of some fact alleged by the
prosecution which it is necessary for the prosecution to prove
if he is to be convicted of the offence charged.
Where in any proceedings for an offence to which this section
applies it is necessary, if the accused is to be convicted of
the offence charged, for the prosecution to prove that some
substance or product involved in the alleged offence was the
controlled drug which the prosecution alleges it to have been,
and it is proved that the substance or product in question was
that controlled drug, the accused:
(a) shall not be acquitted of the offence charged by reason
only of proving that he neither knew nor suspected nor had reason
to suspect that the substance or product in question was the
particular controlled drug alleged; but
(b) shall be acquitted thereof:
(i) if he proves that he neither believed nor suspected nor
had reasons to suspect that the substance or product in question
was a controlled drug; or
(ii) if he proves that he believed the substance or product
in question to be a controlled drug, or a controlled drug of
a description, such that, if it had in fact been that controlled
drug or a controlled drug of that description, he would not
at the material time have been committing any offence to which
this section applies.
Nothing in this section shall prejudice any defence which it
is open to a person charged with an offence to which this section
applies to raise apart from this section.
|
|
| s29 |
Service
of documents. |
| |
(1)
(2)
(3)
(4) |
Any
notice or other document required or authorised by any provision
of this Act to be served on any person may be served on him
either by delivering it to him or by leaving it at his proper
address or by sending it by post.
Any notice or other document so required or authorised to be
served on a body corporate shall be duly served if it is served
on the secretary or clerk of that body.
For the purposes of this section, and of section 7 of the Interpretation
Act 1978 in its application to this section, the proper address
of any person shall, in the case of the secretary or clerk of
a body corporate, be that of the registered or principal office
of that body, and in any other case shall be the last address
of the person to be served which is known to the Secretary of
State.
Where any of the following documents, that is to say:
(a) a notice under section 11(1) or section 15(6) of this Act;
or
(b) a copy of a direction given under section 12(2), section
13(1) or (2) or section 16(3) of this Act,
is served by sending it by registered post or by the recorded
delivery service, service thereof shall be deemed to have been
effected at the time when the letter containing it would be
delivered in the ordinary course of post; and so much of section
7 of the Interpretation Act 1978 as relates to the time when
service by post is deemed to have been effected shall not apply
to such a document if it is served by so sending it.
|
|
| s30 |
Licences
and authorities. |
| |
A
licence or other authority issued by the Secretary of State
for purposes of this Act or of regulations made under this Act
may be, to any degree, general or specific, may be issued on
such terms and subject to such conditions (including, in the
case of a licence, the payment of a prescribed fee) as the Secretary
of State thinks proper, and may be modified or revoked by him
at any time.
|
|
| s31 |
General
provisions as to regulations. |
| |
(1)
(2)
(3)
(4)
|
Regulations
made by the Secretary of State under any provision of this Act:-
(a) may make different provision in relation to different controlled
drugs, different classes of persons, different provisions of
this Act or other different cases or circumstances; and
(b) may make the opinion, consent or approval of a prescribed
authority or of any person authorised in a prescribed manner
material for purposes of any provision of the regulations; and
(c) may contain such supplementary, incidental and transitional
provisions as appear expedient to the Secretary of State.
Any power of the Secretary of State to make regulations under
this Act shall be exercisable by statutory instrument, which
shall be subject to annulment in pursuance of a resolution of
either House of Parliament.
The Secretary of State shall not make any regulations under
this Act except after consultation with the Advisory Council.
In its application to Northern Ireland this section shall have
effect as if for references to the Secretary of State there
were substituted references to the Ministry of Home Affairs
for Northern Ireland and as if for subsection (2) there were
substituted:
"(2) Any regulations made under this Act by the Ministry
of Home Affairs for Northern Ireland shall be subject to negative
resolution within the meaning of section 41(6) of the Interpretation
Act (Northern Ireland) 1954 as if they were a statutory instrument
within the meaning of that Act."
|
|
| s31 |
Research. |
| |
The
Secretary of State may conduct or assist in conducting research
into any matter relating to the misuse of dangerous or otherwise
harmful drugs.
|
|
| s33 |
Repealed
by Extradition Act 1989, s. 37, Sch. 2 |
|
| s34 |
Repealed
by Domestic Proceedings and Magistrates' Courts Act 1978, Sch.
3 |
|
| s35 |
Financial provisions. |
| |
There
shall be defrayed out of moneys provided by Parliament:
(a) any expenses incurred by the Secretary of State under or in
consequence of the provisions of this Act other than section 32;
and
(b) any expenses incurred by the Secretary of State with the consent
of the Treasury for the purposes of his functions under that section. |
|
| s36 |
Meaning of "corresponding law", and evidence of certain
matters by certificate. |
| |
(1)
(2)
|
In
this Act the expression "corresponding law" means a
law stated in a certificate purporting to be issued by or on behalf
of the government of a country outside the United Kingdom to be
a law providing for the control and regulation in that country
of the production, supply, use, export and import of drugs and
other substances in accordance with the provisions of the Single
Convention on Narcotic Drugs signed at New York on 30th March
1961 or a law providing for the control and regulation in that
country of the production, supply, use, export and import of dangerous
or otherwise harmful drugs in pursuance of any treaty, convention
or other agreement or arrangement to which the government of that
country and Her Majesty's Government in the United Kingdom are
for the time being parties.
A statement in any such certificate as aforesaid to the effect
that any facts constitute an offence against the law mentioned
in the certificate shall be evidence, and in Scotland sufficient
evidence, of the matters stated.
|
|
| s37 |
Interpretation. |
| |
(1)
(2)
(3)
(4)
(5) |
In
this Act, except in so far as the context otherwise requires,
the following expressions have the meanings hereby assigned
to them respectively, that is to say::
"the Advisory Council" means the Advisory Council
on the Misuse of Drugs established under this Act;
"cannabis" (except in the expression "cannabis
resin") means any plant of the genus Cannabis or any part
of any such plant (by whatever name designated) except that
it does not include cannabis resin or any of the following products
after separation from the rest of the plant, namely:
(a) mature stalk of any such plant.
(b) fibre produced from mature stalk of any such plant, and
(c) seed of any such plant;
"cannabis resin" means the separated resin, whether
crude or purified, obtained from any plant of the genus Cannabis;
"contravention" includes failure to comply, and "contravene"
has a corresponding meaning;
"controlled drug" has the meaning assigned by section
2 of this Act;
"corresponding law" has the meaning assigned by section
36(1) of this Act;
"dentist" means a person registered in the dentists
register under the Dentists Act 1984 or entered in the list
of visiting [EEA practitioners] [FN1] under Schedule 4 to that
Act;
'doctor' means a registered medical practitioner within the
meaning of Schedule 1 to the Interpretation Act 1978
"enactment" includes an enactment of the Parliament
of Northern Ireland;
"person lawfully conducting a retail pharmacy business",
subject to subsection (5) below, means a person lawfully conducting
such a business in accordance with section 69 of the Medicines
Act 1968;
"pharmacist" has the same meaning as in the Medicines
Act 1968;
"practitioner" (except in the expression "veterinary
practitioner") means a doctor, dentist, veterinary practitioner
or veterinary surgeon;
"prepared opium" means opium prepared for smoking
and includes dross and any other residues remaining after opium
has been smoked;
"prescribed" means prescribed by regulations made
by the Secretary of State under this Act;
"produce", where the reference is to producing a controlled
drug, means producing it by manufacture, cultivation or any
other method, and "production" has a corresponding
meaning;
"supplying" including distributing;
"veterinary practitioner" means a person registered
in the supplementary veterinary register kept under section
8 of the Veterinary Surgeons Act 1966;
"veterinary surgeon" means a person registered in
the register of veterinary surgeons kept under section 2 of
the Veterinary Surgeons Act 1966.
References in this Act to misusing a drug are references to
misusing it by taking it; and the reference in the foregoing
provision to the taking of a drug is a reference to the taking
of it by a human being by way of any form of self- administration,
whether or not involving assistance by another.
For the purposes of this Act the things which a person has in
his possession shall be taken to include any thing subject to
his control which is in the custody of another.
(4) Except in so far as the context otherwise requires, any
reference in this Act to an enactment shall be construed as
a reference to that enactment as amended or extended by or under
any other enactment.
(5) So long as sections 8 to 10 of the Pharmacy and Poisons
Act 1933 remain in force, this Act in its application to Great
Britain shall have effect as if for the definition of "person
lawfully conducting a retail pharmacy business" in subsection
(1) above there were substituted:
""person lawfully conducting a retail pharmacy business"
means an authorised seller of poisons within the meaning of
the Pharmacy and Poisons Act 1933;"
|
|
| s38 |
Special
provisions as to Northern Ireland. |
| |
(1)
(2)
(3)
(4)
|
In
the application of this Act to Northern Ireland, for any reference
to the Secretary of State (except in sections 1, 2, 7, 17, 23(1),
31, 35, 39(3) and 40(3) and Schedules 1 and 3) there shall be
substituted a reference to the Ministry of Home Affairs for Northern
Ireland.
Nothing in this Act shall authorise any department of the Government
of Northern Ireland to incur any expenses attributable to the
provisions of this Act until provision has been made by the Parliament
of Northern Ireland for those expenses to be defrayed out of moneys
provided by that Parliament; and no expenditure shall be incurred
by the Ministry of Home Affairs for Northern Ireland for the purposes
of its functions under section 32 of this Act except with the
consent of the Ministry of Finance for Northern Ireland.
Repealed
Without prejudice to section 37(4) of this Act, any reference
in this Act to an enactment of the Parliament of Northern Ireland
includes a reference to any enactment re-enacting it with or without
modifications. |
|
| s39 |
Savings and transitional provisions, repeals, and power to amend
local enactments. |
| |
(1)
(2)
(3)
|
The
savings and transitional provisions contained in Schedule 5 to
this Act shall have effect.
The enactments mentioned in Schedule 6 to this Act are hereby
repealed to the extent specified in the third column of that Schedule
The Secretary of State may by order made by statutory instrument
subject to annulment in pursuance of a resolution of either House
of Parliament repeal or amend any provision in any local Act,
including an Act confirming a provisional order, or in any instrument
in the nature of a local enactment under any Act, where it appears
to him that that provisions is inconsistent with, or has become
unnecessary or requires modification in consequence of, any provision
of this Act. |
|
| s40 |
Short
title, extent and commencement. |
| |
(1)
(2)
(3) |
This Act may be cited as the Misuse of Drugs Act 1971.
This Act extends to Northern Ireland.
This Act shall come into operation on such day as the Secretary
of State may by order made by statutory instrument appoint, and
different dates may be appointed under this subsection for different
purposes. |
|
|
| Schedule
1 |
|
| Para
1 |
| |
(1)
(2)
(3)
|
The
members of the Advisory Council, of whom there shall be not less
than twenty, shall be appointed by the Secretary of State after
consultation with such organisations as he considers appropriate,
and shall include:
(a) in relation to each of the activities specified in sub-paragraph
(2) below, at least one person appearing to the Secretary of State
to have wide and recent experience of that activity; and
(b) persons appearing to the Secretary of State to have wide and
recent experience of social problems connected with the misuse
of drugs.
The activities referred to in sub-paragraph (1)(a) above are:
(a) the practice of medicine (other than veterinary medicine);
(b) the practice of dentistry;
(c) the practice of veterinary medicine;
(d) the practice of pharmacy;
(e) the pharmaceutical industry;
(f) chemistry other than pharmaceutical chemistry.
The Secretary of State shall appoint one of the members of the
Advisory Council to be chairman of the Council. |
|
| Para
2 |
| |
The
Advisory Council may appoint committees, which may consist in
part of persons who are not members of the Council, to consider
and report to the Council on any matter referred to them by
the Council.
|
|
| Para
3 |
| |
At
meetings of the Advisory Council the quorum shall be seven,
and subject to that the Council may determine their own procedure.
|
|
| Para
4 |
| |
The
Secretary of State may pay to the members of the Advisory Council
such remuneration (if any) and such travelling and other allowances
as may be determined by him with the consent of the Minister for
the Civil Service. |
|
| Para
5 |
| |
Any
expenses incurred by the Advisory Council with the approval
of the Secretary of State shall be defrayed by the Secretary
of State.
|
|
| Schedule
2, Part I, Class A Drugs |
|
| Para
1 |
| |
The
following substances and products, namely: |
| |
(a)
(b)
(ba)
(c)
(d)
(e) |
Acetorphine.
Alfentanil.
Allylprodine.
Alphacetylmethadol.
Alphameprodine.
Alphamethadol.
Alphaprodine.
Anileridine.
Benzethidine.
Benzylmorphine (3-benzylmorphine).
Betacetylmethadol.
Betameprodine.
Betamethadol.
Betaprodine.
Bezitramide.
Bufotenine.
Cannabinol, except where contained in cannabis or cannabis resin.
Cannabinol derivatives.
Carfentanil.
Clonitazene.
Coca leaf.
Cocaine.
Desomorphine.
Dextromoramide.
Diamorphine.
Diampromide.
Diethylthiambutene.
Difenoxin (1-(3-cyano-3,3-diphenylpropyl)-4-phenylpiperidine-4-carboxylic
acid).
Dihydrocodeinone O-carboxymethyloxime.
Dihydromorphine.
Dimenoxadole.
Dimepheptanol.
Dimethylthiambutene.
Dioxaphetyl butyrate.
Diphenoxylate.
Dipipanone.
Drotebanol (3,4-dimethoxy-17-methylmorphinan- 6ß 14-diol).
Ecgonine, and any derivative of ecgonine which is convertible
to ecgonine or to cocaine.
Ethylmethylthiambutene.
Eticyclidine.
Etonitazene.
Etorphine.
Etoxeridine.
Etryptamine.
Fentanyl.
Furethidine.
Hydrocodone.
Hydromorphinol.
Hydromorphone.
Hydroxypethidine.
Isomethadone.
Ketobemidone.
Levomethorphan.
Levomoramide.
Levophenacylmorphan.
Levorphanol.
Lofentanil.
Lysergamide.
Lysergide and other N-alkyl derivatives of lysergamide.
Mescaline.
Metazocine.
Methadone.
Methadyl acetate.
Methyldesorphine.
Methyldihydromorphine (6-methyldihydromorphine).
Metopon.
Morpheridine.
Morphine.
Morphine methobromide, morphine N-oxide and other pentavalent
nitrogen morphine derivatives.
Myrophine.
Nicomorphine (3,6-dinicotinoylmorphine).
Noracymethadol.
Norlevorphanol.
Normethadone.
Normorphine.
Norpipanone.
Opium, whether raw, prepared or medicinal.
Oxycodone.
Oxymorphone.
Pethidine.
Phenadoxone.
Phenampromide.
Phenazocine.
Phencyclidine.
Phenomorphan.
Phenoperidine.
Piminodine.
Piritramide.
Poppy-straw and concentrate of poppy-straw.
Proheptazine.
Properidine (1-methyl-4-phenylpiperidine-4-carboxylic acid isopropyl
ester).
Psilocin.
Racemethorphan.
Racemoramide.
Racemorphan.
Rolicyclidine.
Sufentanil.
Tenocylidine.
Thebacon.
Thebaine.
Tilidate.
Trimeperidine.
4-Bromo-2,5-dimethoxy-a-methylphenethylamine.
4-Cyano-2-dimethylamino-4,4-diphenylbutane.
4-Cyano-1-methyl-4-phenylpiperidine.
N,N-Diethyltryptamine.
N,N-Dimethyltryptamine.
2,5-Dimethoxy-a 4-dimethylphenethylamine.
N-Hydroxy-tenamphetamine
1-Methyl-4-phenylpiperidine-4-carboxylic acid.
2-Methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid.
4-Methyl-aminorex
4-Phenylpiperidine-4-carboxylic acid ethyl ester.
any compound (not being a compound for the time being specified
in sub- paragraph (a) above) structurally derived from tryptamine
or from a ring- hydroxy tryptamine by substitution at the nitrogen
atom of the sidechain with one or more alkyl substituents but
no other substituent;
the following phenethylamine derivatives, namely:--
Allyl(a-methyl-3,4-methylenedioxyphenethyl)amine
2-Amino-1-(2,5-dimethoxy-4-methylphenyl)ethanol
2-Amino-1-(3,4-dimethoxyphenyl)ethanol
Benzyl(a-methyl-3,4-methylenedioxyphenethyl)amine
4-Bromo-ß,2,5-trimethoxyphenethylamine
N-(4-sec-Butylthio-2,5-dimethoxyphenethyl)hydroxylamine
Cyclopropylmethyl(a-methyl-3,4-methylenedioxyphenethyl)amine
2-(4,7-Dimethoxy-2,3-dihydro-1H-indan-5-yl)ethylamine
2-(4,7-Dimethoxy-2,3-dihydro-1H-indan-5-yl)-1-methylethylamine
2-(2,5-Dimethoxy-4-methylphenyl)cyclopropylamine
2-(1,4-Dimethoxy-2-naphthyl)ethylamine
2-(1,4-Dimethoxy-2-naphthyl)-1-methylethylamine
N-(2,5-Dimethoxy-4-propylthiophenethyl)hydroxylamine
2-(1,4-Dimethoxy-5,6,7,8-tetrahydro-2-naphthyl)ethylamine
2-(1,4-Dimethoxy-5,6,7,8-tetrahydro-2-naphthyl)-1-methylethylamine
a,a-Dimethyl-3,4-methylenedioxyphenethylamine
a,a-Dimethyl-3,4-methylenedioxyphenethyl(methyl)amine
Dimethyl(a-methyl-3,4-methylenedioxyphenethyl)amine
N-(4-Ethylthio-2,5-dimethoxyphenethyl)hydroxylamine
4-Iodo-2,5-dimethoxy-a-methylphenethyl(dimethyl)amine
2-(1,4-Methano-5,8-dimethoxy-1,2,3,4-tetrahydro-6-naphthyl)ethylamine
2-(1,4-Methano-5,8-dimethoxy-1,2,3,4-tetrahydro-6-naphthyl)-1-
methylethylamine
2-(5-Methoxy-2,2-dimethyl-2,3-dihydrobenzo[b]furan-6-yl)-1-methylethylamine
2-Methoxyethyl(a-methyl-3,4-methylenedioxyphenethyl)amine
2-(5-Methoxy-2-methyl-2,3-dihydrobenzo[b]furan-6-yl)-1-methylethylamine
ß-Methoxy-3,4-methylenedioxyphenethylamine
1-(3,4-Methylenedioxybenzyl)butyl(ethyl)amine
1-(3,4-Methylenedioxybenzyl)butyl(methyl)amine
2-(a-Methyl-3,4-methylenedioxyphenethylamino)ethanol
a-Methyl-3,4-methylenedioxyphenethyl(prop-2-ynyl)amine
N-Methyl-N-(a-methyl-3,4-methylenedioxyphenethyl)hydroxylamine
O-Methyl-N-(a-methyl-3,4-methylenedioxyphenethyl)hydroxylamine
a-Methyl-4-(methylthio)phenethylamine
ß,3,4,5-Tetramethoxyphenethylamine
ß,2,5-Trimethoxy-4-methylphenethylamine;
any compound (not being methoxyphenamine or a compound for the
time being specified in sub-paragraph (a) above) structurally
derived from phenethylamine, an N-alkylphenethylamine, a-methylphenethylamine,
an N- alkyl-a-methyl-phenethylamine, a-ethylphenethylamine,
or an N-alkyl-a- ethylphenethylamine by substitution in the
ring to any extent with alkyl, alkoxy, alkylenedioxy or halide
substituents, whether or not further substituted in the ring
by one or more other univalent substituents.
any compound (not being a compound for the time being specified
in sub- paragraph (a) above structurally derived from fentanyl
by modification in any of the following ways, that is to say,
(i) by replacement of the phenyl portion of the phenethyl group
by any heteromonocycle whether or not further substituted in
the heterocycle;
(ii) by substitution in the phenethyl group with alkyl, alkenyl,
alkoxy, hydroxy, halogeno, haloalkyl, amino or nitro groups;
(iii) by substitution in the piperidine ring with alkyl or alkenyl
groups;
(iv) by substitution in the aniline ring with alkyl, alkoxy,
alkylenedioxy, halogeno or haloalkyl groups;
(v) by substitution at the 4-position of the piperidine ring
with any alkoxycarbonyl or alkoxyalkyl or acyloxy group;
(vi) by replacement of the N-propionyl group by another acyl
group;
any compound (not being a compound for the time being specified
in sub- paragraph (a) above) structurally derived from pethidine
by modification in any of the following ways, that is to say,
(i) by replacement of the 1-methyl group by an acyl, alkyl whether
or not unsaturated, benzyl or phenethyl group, whether or not
further substituted;
(ii) by substitution in the piperidine ring with alkyl or alkenyl
groups or with a propano bridge, whether or not further substituted;
(iii) by substitution in the 4-phenyl ring with alkyl, alkoxy,
aryloxy, halogeno or haloalkyl groups;
(iv) by replacement of the 4-ethoxycarbonyl by any other alkoxycarbonyl
or any alkoxyalkyl or acyloxy group;
(v) by formation of an N-oxide or of a quaternary base.
|
|
| Para
2 |
| |
Any
stereoisomeric form of a substance for the time being specified
in paragraph 1 above not being dextromethorphan or dextrorphan.
|
|
| Para
3 |
| |
Any
ester or ether of a substance for the time being specified in
paragraph 1 or 2 above not being a substance for the time being
specified in Part II of this Schedule
|
|
| Para
4 |
| |
Any
salt of a substance for the time being specified in any of paragraphs
1 to 3 above. |
|
| Para
5 |
| |
Any
preparation or other product containing a substance or product
for the time being specified in any of paragraphs 1 to 4 above. |
|
| Para
6 |
| |
Any
preparation designed for administration by injection which includes
a substance or product for the time being specified in any of
paragraphs 1 to 3 of Part II of this Schedule. |
|
| Schedule
2, Part II, Class B Drugs |
|
| Para
1 |
| |
The
following substances and products, namely: |
| |
(a)
(b)
|
Acetyldihydrocodeine.
Amphetamine.
Cannabis and cannabis resin.
Codeine.
Dihydrocodeine.
Ethylmorphine (3-ethylmorphine).
Glutethimide.
Lefetamine.
Mecloqualone.
Methaqualone.
Methcathinone
Methylamphetamine.
a-Methylphenethylhydroxylamine.
Methylphenidate.
Methylphenobarbitone.
Nicocodine.
Nicodicodine (6-nicotinoyldihydrocodeine).
Norcodeine.
Pentazocine.
Phenmetrazine.
Pholcodine.
Propiram.
Zipeprol
any 5,5 disubstituted barbituric acid. |
|
| Para
2 |
| |
Any
stereoisomeric form of a substance for the time being specified
in paragraph 1 of this Part of this Schedule. |
|
| Para
3 |
| |
Any
salt of a substance for the time being specified in paragraph
1 or 2 of this Part of this Schedule.
|
|
| Para
4 |
| |
Any
preparation or other product containing a substance or product
for the time being specified in any of paragraphs 1 to 3 of this
Part of this Schedule, not being a preparation falling within
paragraph 6 of Part I of this Schedule. |
|
| Schedule
2, Part III, Class C Drugs |
|
| Para
1 |
| |
The
following substances, namely: |
| |
(a)
(b)
(c)
(d)
(e) |
Alprazolam
Aminorex
Benzphetamine
Bromazepam
Brotizolam
Buprenorphine
Camazepam
Cathine
Cathinone
Chlordiazepoxide
Chlorphentermine
Clobazam
Clorazepic acid
Clonazepam
Clotiazepam
Cloxazolam
Delorazepam
Dextropropoxyphene
Diazepam
Diethylpropion
Estazolam
Ethchlorvynol
Ethinamate
Ethyl loflazepate
Fencamfamin
Fenethylline
Fenproporex
Fludiazepam
Flunitrazepam
Flurazepam
Halazepam
Haloxazolam
Ketazolam
Loprazolam
Lorazepam
Lormetazepam
Mazindol
Medazepam
Mefenorex
Mephentermine
Meprobamate
Mesocarb
Methyprylone
Midazolam
Nimetazepam
Nitrazepam
Nordazepam
Oxazepam
Oxazolam
Pemoline
Phendimetrazine
Phentermine
Pinazepam
Pipradrol
Prazepam
Pyrovalerone
Temazepam
Tetrazepam
Triazolam
N-Ethylamphetamine
Atamestane
Methenolone
Bolandiol
Methyltestosterone
Bolasterone
Metribolone
Bolazine
Mibolerone
Boldenone
Nandrolone
Bolenol
Norboletone
Bolmantalate
Norclostebol
Calusterone
Norethandrolone
4-Chloromethandienone
Ovandrotone
Clostebol
Oxabolone
Drostanolone
Oxandrolone
Enestebol
Oxymesterone
Epitiostanol
Oxymetholone
Ethyloestrenol
Prasterone
Fluoxymesterone
Propetandrol
Formebolone
Quinbolone
Furazabol
Roxibolone
Mebolazine
Silandrone
Mepitiostane
Stanolone
Mesabolone
Stanozolol
Mestanolone
Stenbolone
Mesterolone
Testosterone
Methandienone
Thiomesterone
Methandriol
Trenbolone
any compound (not being Trilostane or a compound for the time
being specified in sub-paragraph (b) above) structurally derived
from 17- hydroxyandrostan-3-one or from 17-hydroxyestran-3-one
by modification in any of the following ways, that is to say,
(i) by further substitution at position 17 by a methyl or ethyl
group;
(ii) by substitution to any extent at one or more of positions
1, 2, 4, 6, 7, 9, 11 or 16, but at no other position;
(iii) by unsaturation in the carbocyclic ring system to any extent,
provided that there are no more than two ethylenic bonds in any
one carbocyclic ring;
(iv) by fusion of ring A with a heterocyclic system;
any substance which is an ester or ether (or, where more than
one hydroxyl function is available, both an ester and an ether)
of a substance specified in sub-paragraph (b) or described in
sub-paragraph (c) above;
Chorionic Gonadotrophin (HCG)
Clenbuterol
Non-human chorionic gonadotrophin
Somatotropin
Somatrem
Somatropin |
|
| Para
2 |
| |
Any
stereoisomeric form of a substance for the time being specified
in paragraph 1 of this Part of this Schedule not being phenylpropanolamine.
|
|
| Para
3 |
| |
Any
salt of a substance for the time being specified in paragraph
1 or 2 of this Part of this Schedule. |
|
|
Para
4
|
| |
Any
preparation or other product containing a substance for the time
being specified in any of paragraphs 1 to 3 of this Part of this
Schedule. |
|
| Schedule
2, Part IV, Meaning of certain expressions used in this Schedule |
|
| Para
1 |
| |
For
the purposes of this Schedule the following expressions (which
are not among those defined in section 37(1) of this Act) have
the meanings hereby assigned to them respectively, that is to
say--
"cannabinol derivatives" means the following substances,
except where contained in cannabis or cannabis resin, namely tetrahydro
derivatives of cannabinol and 3-alkyl homologues of cannabinol
or of its tetrahydro derivatives;
"coca leaf" means the leaf of any plant of the genus
Erythroxylon from whose leaves cocaine can be extracted either
directly or by chemical transformation;
"concentrate of poppy-straw" means the material produced
when poppy-straw has entered into a process for the concentration
of its alkaloids;
"medicinal opium" means raw opium which has undergone
the process necessary to adapt it for medicinal use in accordance
with the requirements of the British Pharmacopoeia, whether it
is in the form of powder or is granulated or is in any other form,
and whether it is or is not mixed with neutral substances;
"opium poppy" means the plant of the species Papaver
somniferum L;
"poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing;
"raw opium" includes powdered or granulated opium but
does not include medicinal opium. |
| Schedule
3, Tribunals, Advisory Bodies And Professional Panels |
| Part
I, Tribunals Membership |
|
| Para
1 |
| |
(1)
(2)
(2A)
(3) |
A tribunal shall consist of five persons of whom:
(a) one shall be
(i) a person who has a 7 year general qualification, within the
meaning of section 71 of the Courts and Legal Services Act 1990;
(ii) an advocate or solicitor in Scotland of at least 7 years'
standing; or
(iii) a member of the Bar of Northern Ireland or solicitor of
the Supreme Court of Northern Ireland of at least 7 years' standing,
appointed by the Lord Chancellor to be the chairman of the tribunal;
and
(b) the other four shall be persons appointed by the Secretary
of State from among members of the respondent's profession nominated
for the purposes of this Schedule by any of the relevant bodies
mentioned in sub-paragraph (2) below.
The relevant bodies aforesaid are:
(a) where the respondent is a doctor, the General Medical Council,
the Royal Colleges of Physicians of London and Edinburgh, the
Royal Colleges of Surgeons of England and Edinburgh, the Royal
College of Physicians and Surgeons (Glasgow), the Royal College
of Obstetricians of Gynaecologists, the Royal College of General
Practitioners, the Royal Medico-Psychological Association and
the British Medical Association;
(b) where the respondent is a dentist, the General Dental Council
and the British Dental Association;
(c) where the respondent is a veterinary practitioner or veterinary
surgeon, the Royal College of Veterinary Surgeons and the British
Veterinary Association.
The chairman of a tribunal shall vacate his office on the day
on which he attains the age of seventy years; but this sub-paragraph
is subject to section 26(4) to (6) of the Judicial Pensions and
Retirement Act 1993 (power to authorise continuance in office
up to the age of seventy-five years).
Sub-paragraph (1) above shall have effect in relation to a tribunal
in Scotland as if for the reference to the Lord Chancellor there
were substituted as reference to the Lord President of the Court
of Session. |
|
| Para
2 |
| |
The
quorum of a tribunal shall be the chairman and two other members
of the tribunal. |
|
| Para
3 |
| |
Proceedings
before a tribunal shall be held in private unless the respondent
requests otherwise and the tribunal access to the request. |
|
| Para
4 |
| |
(1)
(2)
(3) |
Subject
to paragraph 5 below, the Lord Chancellor may make rules as to
the procedure to be followed, and the rules of evidence to be
observed, in proceedings before tribunals, and in particular:
(a) for securing that notice that the proceedings are to be brought
shall be given to the respondent at such time and in such manner
as may be specified by the rules;
(b) for determining who, in addition to the respondent, shall
be a party to the proceedings;
(c) for securing that any party to the proceedings shall, if he
so requires, be entitled to be heard by the tribunal;
(d) for enabling any party to the proceedings to be represented
by counsel or solicitor.
Sub-paragraph (1) above shall have effect in relation to a tribunal
in Scotland as if for the reference to the Lord Chancellor there
were substituted a reference to the Secretary of State.
The power to make rules under this paragraph shall be exercisable
by statutory instrument, which shall be subject to annulment in
pursuance of a resolution of either House of Parliament. |
|
| Para
5 |
| |
(1)
(2)
(3) |
For
the purpose of any proceedings before a tribunal in England or
Wales or Northern Ireland the tribunal may administer oaths and
any party to the proceedings may use out writs of subpoena ad
testificandum and duces tecum, but no person shall be compelled
under any such writ to give any evidence or produce any document
which he could not be compelled to give or produce on the trial
of an action.
The provisions of section 36 of the Supreme Court Act 1981, of
section 67 of the Judicature (Northern Ireland) Act 1978, or of
the Attendance of Witnesses Act 1854 (which provide special procedures
for the issue of such writs so as to be in force throughout the
United Kingdom) shall apply in relation to any proceedings before
a tribunal in England or Wales or, as the case may be, in Northern
Ireland as those provisions apply in relation to causes or matters
in the High Court or actions or suits pending in the High Court
of Justice in Northern Ireland.
For the purpose of any proceedings before a tribunal in Scotland,
the tribunal may administer oaths and the Court of Session shall
on the application of any party to the proceedings have the like
power as in any action in that court to grant warrant for the
citation of witnesses and havers to give evidence or to produce
documents before the tribunal. |
|
| Para
6 |
| |
Subject
to the foregoing provisions of this Schedule, a tribunal may regulate
its own procedure. |
|
| Para
7 |
| |
The
validity of the proceedings of a tribunal shall not be affected
by any defect in the appointment of a member of the tribunal or
by reason of the fact that a person not entitled to do so took
part in the proceedings. |
|
| Para
8 |
| |
The
Secretary of State may pay to any member of a tribunal fees
and travelling and other allowances in respect of his services
in accordance with such scales and subject to such conditions
as the Secretary of State may determine with the approval of
the Treasury.
|
|
| Para
9 |
| |
The
Secretary of State may pay to any person who attends as a witness
before the tribunal sums by way of compensation for the loss
of his time and travelling and other allowances in accordance
with such scales and subject to such conditions as may be determined
as aforesaid.
|
|
| Para
10 |
| |
If
a tribunal recommends to the Secretary of State that the whole
or part of the expenses properly incurred by the respondent
for the purposes of proceedings before the tribunal should be
defrayed out of public funds, the Secretary of State may if
he thinks fit make to the respondent such payments in respect
of those expenses as the Secretary of State considers appropriate.
|
|
| Para
11 |
| |
Any
expenses incurred by a tribunal with the approval of the Secretary
of State shall be defrayed by the Secretary of State.
|
|
| Para
12 |
| |
The
Secretary of State shall make available to a tribunal such accommodation,
the services of such officers and such other facilities as he
considers appropriate for the purpose of enabling the tribunal
to perform its functions.
|
|
| Part
II, Advisory Bodies |
|
| Para
13 |
| |
(1)
(1A)
(2)
|
An
advisory body shall consist of three persons of whom:
(a) one shall be a person who is of counsel to Her Majesty and
is appointed by the Lord Chancellor to be the chairman of the
advisory body; and
(b) another shall be a person appointed by the Secretary of
State, being a member of the respondent's profession who is
an officer of a department of the Government of the United Kingdom;
and
(c) the other shall be a person appointed by the Secretary of
State from among the members of the respondent's profession
nominated as mentioned in paragraph 1 above.
The chairman of an advisory body shall vacate his office on
the day on which he attains the age of seventy years; but this
sub-paragraph is subject to section 26(4) to (6) of the Judicial
Pensions and Retirement Act 1993 (power to authorise continuance
in office up to the age of seventy-five years).
Sub-paragraph (1) above shall have effect in relation to an
advisory body in Scotland as if for the reference to the Lord
Chancellor there were substituted a reference to the Lord President
of the Court of Session.
|
|
| Para
14 |
| |
The
respondent shall be entitled to appear before and be heard by
the advisory body either in person or by counsel or solicitor. |
|
| Para
15 |
| |
Subject
to the provisions of this Part of this Schedule, an advisory
body may regulate its own procedure.
|
|
| Para
16 |
| |
Paragraphs
3, 7, 8 and 10 to 12 of this Schedule shall apply in relation
to an advisory body as they apply in relation to a tribunal.
|
|
| Part
III, Professional Panels Membership |
|
| Para
17 |
| |
A
professional panel shall consist of a chairman and two other
persons appointed by the Secretary of State from among the members
of the respondent's profession after consultation with such
one or more of the relevant bodies mentioned in paragraph 1(2)
above as the Secretary of State considers appropriate.
|
|
| Para
18 |
| |
The
respondent shall be entitled to appear before, and be heard
by, the professional panel either in person or by counsel or
solicitor.
|
|
| Para
19 |
| |
Subject
to the provisions of this Part of this Schedule, a professional
panel may regulate its own procedure.
|
|
| Para
20 |
| |
Paragraphs
3, 7 and 8 of this Schedule shall apply in relation to a professional
panel as they apply in relation to a tribunal.
|
|
| Part
IV, Application of Parts I to III to Northern Ireland |
|
| Para
21 |
| |
In
the application of Parts I to III of this Schedule to Northern
Ireland the provisions specified in the first column of the following
Table shall have effect subject to the modifications specified
in relation thereto in the second column of that Table. |
| |
|
Provision
of this Schedule
|
Modification
|
|
Paragraph
I
|
In
sub-paragraph (1), for the references to the Lord Chancellor
and the Secretary of State there shall be substituted
respectively references to the Lord Chief Justice of Northern
Ireland and the Minister of Home Affairs for Northern
Ireland.
|
|
Paragraph
4
|
In
sub-paragraph (1), for the reference to the Lord Chancellor
there shall be substituted a reference to the Ministry
of Home Affairs for Northern Ireland.
|
| |
For
sub-paragraph (3) there shall be substituted"(3)Any
rules made under this paragraph by the Ministry of Home
Affairs for Northern Ireland shall be subject to negative
resolution within the meaning of section 41(6) of the
Interpretation Act (Northern Ireland) 1954 as if they
were a statutory instrument within the meaning of that
Act."
|
|
Paragraphs
8 to 12
|
For
the references to the Secretary of State and the Treasury
there shall be substituted respectively references to
the Ministry of Home Affairs for Northern Ireland and
the Department of Finance for Northern Ireland.
|
|
Paragraph
13
|
In
sub-paragraph (1:
|
| |
(a)
for the references to the Lord Chancellor and Secretary
of State there shall be substituted respectively references
to the Lord Chief Justice of Northern Ireland and the
Minister of Home Affairs for Northern Ireland; and
|
| |
(b)
for the reference to a department of the Government of
the United Kingdom there shall be substituted a reference
to a department of the Government of Northern Ireland.
|
|
Paragraph
16
|
The
references to paragraph 8 and 10 to 12 shall be construed
as references to those paragraphs as modified by this
Part of this Schedule.
|
|
Paragraph
17
|
For
the reference to the Secretary of State there shall be
substituted a reference to the Minister of Home Affairs
for Northern Ireland.
|
|
Paragraph
20
|
The
reference to paragraph 8 shall be construed as a reference
to that paragraph as modified by this Part of this Schedule.
|
|
|
| Schedule
4, Prosecution and Punishment of Offences |
|
| |
|
|
Punishment |
|
|
|
| Section
Creating Offence |
General
Nature of Offence |
Mode
of Prosecution |
Class
A drug involved |
Class
B drug involved |
Class
C drug involved |
General |
| Section
4(2) |
Production,
or being concerned in the production, of a controlled drug. |
(a)
Summary |
6
months or the prescribed sum, or both. |
6
months or the prescribed sum, or both. |
3
months or £2,500, or both . |
|
| |
|
(b)
On indictment |
Life
or a fine, or both. |
14
years or a fine, or both. |
5
years or a fine, or both. |
|
| Section
4(3) |
Supplying
or offering to supply a controlled drug or being concerned
in the doing of either activity by another. |
(a)
Summary |
6
months or the prescribed sum, or both. |
6
months or the prescribed sum, or both. |
3
months or £2,500, or both. |
|
| |
|
(b)
On indictment |
Life
or a fine, or both. |
14
years or a fine, or both. |
5
years or a fine, or both. |
|
| Section
5(2) |
Having
possession of a controlled drug. |
(a)
Summary |
6
months or the prescribed sum, or both. |
3
months or £2,500, or both. |
3
months or £1,000, or both. |
|
| |
|
(b)
On indictment |
7
years or a fine, or both. |
5
years or a fine, or both. |
2
years or a fine, or both. |
|
| Section
5(3) |
Having
possession of a controlled drug with intent to supply to
it another. |
(a)
Summary |
6
months or the prescribed sum, or both. |
6
months or the prescribed sum, or both. |
3
months or £2,500, or both . |
|
| |
|
(b)
On indictment |
Life
or a fine, or both. |
14
years or a fine, or both. |
5
years or a fine, or both. |
|
| Section
6(2) |
Cultivation
of cannabis plant. |
(a)
Summary |
|
|
|
6
months or the prescribed sum, or both. |
| |
|
(b)
On indictment |
|
|
|
14
years or a fine, or both. |
| Section
8 |
Being
the occupier, or concerned in the management, of premises
and permitting or suffering certain activities to take place
there. |
(a)
Summary |
6
months or the prescribed sum, or both. |
6
months or the prescribed sum, or both. |
3
months or £2,500, or both. |
|
| |
|
(b)
On indictment |
14
years or a fine, or both. |
14
years or a fine, or both. |
5
years or a fine, or both. |
|
| Section
9 |
Offences
relating to opium. |
(a)
Summary |
|
|
|
6
months or the prescribed sum, or both. |
| |
|
(b)
On indictment |
|
|
|
14
years or a fine, or both. |
| Section
9A. |
Prohibition
of supply etc. of articles for administering or preparing
controlled drugs. |
Summary
|
|
|
|
6
months or level 5 on the standard scale, or both |
| Section
11(2) |
Contravention
of directions relating to safe custody of controlled drugs. |
(a)
Summary |
|
|
|
6
months or the prescribed sum, or both. |
| |
|
(b)
On indictment |
|
|
|
2
years or a fine, or both. |
| Section
12(6) |
Contravention
of direction prohibiting practitioner etc. from possessing,
supplying etc. controlled drugs. |
(a)
Summary |
6
months or the prescribed sum, or both. |
6
months or the prescribed sum, or both. |
3
months or £2,500, or both. |
|
| |
|
(b)
On indictment |
14
years or a fine, or both. |
14
years or a fine, or both. |
5
years or a fine, or both. |
|
| Section
13(3) |
Contravention
of direction prohibiting practitioner etc. from prescribing,
supplying etc. controlled drugs. |
(a)
Summary |
6
months or the prescribed sum, or both. |
6
months or the prescribed sum, or both. |
3
months or £2,500, or both. |
|
| |
|
(b)
On indictment |
14
years or a fine, or both. |
14
years or a fine, or both. |
5
years or a fine, or both. |
|
| Section
17(3) |
Failure
to comply with notice requiring information relating to
prescribing, supply etc. of drugs. |
Summary |
|
|
|
level
3 on the standard scale. |
| Section
17(4) |
Giving
false information in purported compliance with notice requiring
information relating to prescribing, supply etc. of drugs. |
(a)
Summary |
|
|
|
6
months or the prescribed sum, or both. |
| |
|
(b)
On indictment |
|
|
|
2
years or a fine, or both. |
| Section
18(1) |
Contravention
of regulations (other than regulations relating to addicts). |
(a)
Summary |
|
|
|
6
months or the prescribed sum, or both. |
| |
|
(b)
On indictment |
|
|
|
2
years or a fine, or both. |
| Section
18(2) |
Contravention
of terms of licence or other authority (other than licence
issued under regulations relating to addicts). |
(a)
Summary |
|
|
|
6
months or the prescribed sum, or both. |
| |
|
(b)
On indictment |
|
|
|
2
years or a fine, or both. |
| Section
18(3) |
Giving
false information in purported compliance with obligation
to give information imposed under or by virtue of regulations. |
(a)
Summary |
|
|
|
6
months or the prescribed sum, or both. |
| |
|
(b)
On indictment |
|
|
|
2
years or a fine, or both. |
| Section
18(4) |
Giving
false information, or producing document etc. containing
false statement etc., for purposes of obtaining issue or
renewal of a licence or other authority. |
(a)
Summary |
|
|
|
6
months or the prescribed sum, or both. |
| |
|
(b)
On indictment |
|
|
|
2
years or a fine, or both. |
| Section
20 |
Assisting
in or inducing commission outside United Kingdom of an offence
punishable under a corresponding law. |
(a)
Summary |
|
|
|
6
months or the prescribed sum, or both. |
| |
|
(b)
On indictment |
|
|
|
14
years or a fine, or both. |
| Section
23(4) |
Obstructing
exercise of powers of search etc. or concealing books, drugs
etc. |
(a)
Summary |
|
|
|
6
months or the prescribed sum, or both. |
| |
|
(b)
On indictment |
|
|
|
2
years or a fine, or both. |
|
|
| Schedule
5, Savings and Transitional Provisions |
|
| Para
1 |
| |
(1)
(2)
(3) |
Any
addiction regulations which could have been made under this Act
shall not be invalidated by any repeal effected by this Act but
shall have effect as if made under the provisions of this Act
which correspond to the provisions under which the regulations
were made; and the validity of any licence issued under any such
addiction regulations shall not be affected by any such repeal.
Any order, rule or other instrument or document whatsoever made
or issued, any direction given, and any other thing done, under
or by virtue of any of the following provisions of the Dangerous
Drugs Act 1967, that is to say section 1(2), 2 or 3 or the Schedule,
shall be deemed for the purposes of this Act to have been made,
issued or done, as the case may be, under the corresponding provision
of this Act; and anything begun under any of the said provisions
of that Act may be continued under this Act as if begun under
this Act.
In this paragraph "addiction regulations" means any
regulations made under section 11 of the Dangerous Drugs Act 1965
which include provision for any of the matters for which regulations
may be so made by virtue of section 1(1) of the Dangerous Drugs
Act 1967. |
|
| Para
2 |
| |
As
from the coming into operation of section 3 of this Act any licence
granted for the purpose of section 5 of the Drugs (Prevention
of Misuse) Act 1964 or sections 2, 3 or 10 of the Dangerous Drugs
Act 1965 shall have effect as if granted for the purposes of section
3(2) of this Act. |
|
| Para
3 |
| |
(1)
(2)
(3) |
The
Secretary of State may at any time before the coming into operation
of section 12 of this Act give a direction under subsection
(2) of that section in respect of any practitioner or pharmacist
whose general authority under the Dangerous Drugs Regulations
is for the time being withdrawn; but a direction given by virtue
of this sub-paragraph shall not take effect until section 12
comes into operation, and shall not take effect at all if the
general authority of the person concerned is restored before
that section comes into operation.
No direction under section 12(2) of this Act shall be given
by virtue of sub-paragraph (1) above in respect of a person
while the withdrawal of his general authority under the Dangerous
Drugs Regulations is suspended; but where, in the case of any
practitioner or pharmacist whose general authority has been
withdrawn, the withdrawal is suspended at the time when section
12 comes into operation, the Secretary of State may at any time
give a direction under section 12(2) in respect of him by virtue
of this sub-paragraph unless the Secretary of State has previously
caused to be served on him a notice stating that he is no longer
liable to have such a direction given in respect of him by virtue
of this sub-paragraph.
In this paragraph "the Dangerous Drugs Regulations"
means, as regards Great Britain, the Dangerous Drugs (No. 2)
Regulations 1964 or, as regards Northern Ireland, the Dangerous
Drugs Regulations (Northern Ireland) 1965.
|
|
| Para
4 |
| |
Subject
to paragraphs 1 to 3 above, and without prejudice to the generality
of section 31(1)(c) of this Act, regulations made by the Secretary
of State under any provision of this Act may include such provision
as the Secretary of State thinks fit for effecting the transition
from any provision made by or by virtue of any of the enactments
repealed by this Act to any provision made by or by virtue of
this Act, and in particular may provide for the continuation in
force, with or without modifications, of any licence or other
authority issued or having effect as if issued under or by virtue
of any of those enactments. |
|
| Para
5 |
| |
For
purposes of the enforcement of the enactments repealed by this
Act as regards anything done or omitted before their repeal, any
powers of search, entry, inspection, seizure or detention conferred
by those enactments shall continue to be exercisable as if those
enactments were still in force. |
|
| Para
6 |
| |
The
mention of particular matters in this Schedule shall not prejudice
the general application of section 16 of the Interpretation Act
1978 with regard to the effect of repeals. |
|
| Schedule
6, Repeals |
|
| Chapter |
Short
Title |
Extent
of Repeal |
| 1964
c64 |
The
Drugs (Prevention of Misuse) Act 1964 |
The
whole Act |
| 1965
c15 |
The
Dangerous Drugs Act 1965 |
The
whole Act |
| 1967
c82 |
The
Dangerous Drugs Act 1967 |
The
whole Act |
| 1968
c59 |
The
Hovercraft Act 1968 |
Paragraph
6 of the Schedule |
| 1968
c67 |
The
Medicines Act 1968 |
In
Schedule 5, paragraphs 14 and 15 |
|
|
