The Misuse of Drugs (Amendment No.2) Regulations (Northern Ireland) 2010

Statutory Rules of Northern Ireland

2010 No. 247

Dangerous Drugs

The Misuse of Drugs (Amendment No.2) Regulations (Northern Ireland) 2010

Made

22nd July 2010

Coming into operation

23rd July 2010

The Department of Health, Social Services and Public Safety makes the following Regulations in exercise of the powers conferred by sections 7, 10, 22 and 31 of the Misuse of Drugs Act 1971(1) as adapted by section 38 of that Act and now vested in it(2).

In accordance with section 31(3) of that Act, it has consulted with the Advisory Council on the Misuse of Drugs.

Citation and commencement

1.  These Regulations may be cited as the Misuse of Drugs (Amendment No.2) Regulations (Northern Ireland) 2010 and shall come into operation on 23rd July 2010.

Interpretation

2.—(1) In these Regulations, “the 2002 Regulations” means the Misuse of Drugs Regulations (Northern Ireland) 2002(3).

(2) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment to the 2002 Regulations

3.  The 2002 Regulations shall be amended as follows.

4.  In Schedule 1 (which specifies controlled drugs subject to the requirements of regulations 14, 15, 16, 18, 19, 20, 23, 26 and 27) after paragraph 1(m), insert—

“(n) Any compound structurally derived from 2-aminopropan-1–one by substitution at the 1-position with any monocyclic, or fused-polycyclic ring system (not being a phenyl ring or alkylenedioxyphenyl ring system), whether or not the compound is further modified in any of the following ways, that is to say—

(i) by substitution in the ring system to any extent with alkyl, alkoxy, haloalkyl or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents;

(ii) by substitution at the 3–position with an alkyl substituent;

(iii) by substitution at the 2‑amino nitrogen atom with alkyl or dialkyl groups, or by inclusion of the 2‑amino nitrogen atom in a cyclic structure.”.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 22nd July 2010

(L.S.)

Christine Jendoubi

A senior officer of the Department of Health, Social Services and Public Safety

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations insert a further group of cathinone derivatives (including naphthylpyrovalerone, commonly known as naphyrone) into Schedule 1 to the Misuse of Drugs Regulations (Northern Ireland) 2002. The schedule in which a controlled drug is placed primarily affects the extent to which the drug can be lawfully imported, exported, produced, supplied or possessed and dictates the record keeping, labelling and destruction requirements in relation to that drug.

(1)

1971 c.38 Section 22 of that Act was amended by section 177(1) of, and paragraph 12 of Schedule 4 to, the Customs and Excise Management Act 1979(c.2)

(2)

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

(3)

S.R.2002 No. 1; the relevant amending Regulations are S.R.2003 Nos. 314,324 and 420, S.R.2005 Nos. 119,360 and 564, S.R.2006 Nos. 44, 214, 264 and 334, S.R.2007 No. 348, S.R.2009 Nos. 390 and 397, and S.R.2010 No. 148

(4)

1954 c.33 (N.I)