The Misuse of Drugs (Amendment No.2) (England, Wales and Scotland) Regulations 2010

Statutory Instruments

2010 No. 1799

Dangerous Drugs, England And Wales

Dangerous Drugs, Scotland

The Misuse of Drugs (Amendment No.2) (England, Wales and Scotland) Regulations 2010

Made

13th July 2010

Laid before Parliament

14th July 2010

Coming into force

23rd July 2010

The Secretary of State 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).

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

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Misuse of Drugs (Amendment No.2) (England, Wales and Scotland) Regulations 2010 and shall come into force on 23rd July 2010.

(2) In these Regulations “the 2001 Regulations” means the Misuse of Drugs Regulations 2001(2).

(3) These Regulations extend to England, Wales and Scotland.

Amendment to the 2001 Regulations

2.  The 2001 Regulations shall be amended as follows.

3.  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.”.

James Brokenshire

Parliamentary Under-Secretary of State

Home Office

13th July 2010

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 2001. 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 as modified by the Northern Ireland Act 1998 (c. 47). Section 22 has been amended by section 177(1) of, and paragraph 12 of Schedule 4 to, the Customs and Excise Management Act 1979 (c. 2).

(2)

S.I. 2001/3998. Relevant amending instruments are S.I. 2003/1432, S.I. 2003/1653, S.I. 2003/2429, S.I. 2004/1771, S.I. 2005/271, S.I. 2005/1653, S.I. 2005/2864, S.I. 2005/3372, S.I. 2006/986, S.I. 2006/1450, S.I. 2006/2178, S.I. 2007/2154, S.I. 2009/3136 and S.I. 2010/1144.