Statutory Instruments
Dangerous Drugs
Made
17th May 2022
Laid before Parliament
23rd May 2022
Coming into force
14th June 2022
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 7(1)(a) and (b), 10(1), 22(1)(a) and 31(1)(a) of the Misuse of Drugs Act 1971(1).
In accordance with section 31(3) of that Act the Secretary of State has consulted the Advisory Council on the Misuse of Drugs.
1.—(1) These Regulations may be cited as the Misuse of Drugs (Amendment) (Revocation) (England, Wales and Scotland) Regulations 2022 and come into force on 14th June 2022.
(2) These Regulations extend to England and Wales and Scotland.
2. The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2021(2) are revoked.
Kit Malthouse
Minister of State
Home Office
17th May 2022
(This note is not part of the Regulations)
These Regulations revoke the Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2021 (S.I. 2021/1427) (“the 2021 Regulations”).
The 2021 Regulations removed regulation 4B of the Misuse of Drugs Regulations 2001 (“the 2001 Regulations”), that made it lawful to import, export, produce, supply, offer to supply or possess Gamma–butyrolactone (GBL) and 1,4–Butanediol (1,4-BD) in certain circumstances. The 2021 Regulations also added 1,4-Butanediol (1,4-BD) and Gamma-butyrolactone (GBL) to Schedule 1 to the 2001 Regulations. The Schedule in which a controlled drug is placed affects the extent to which the drug can be lawfully imported, exported, produced, supplied or possessed. The controlled drugs placed in Schedule 1 to the 2001 Regulations are those subject to the tightest controls, requiring a Home Office licence in order to access such drugs.
Revocation of the 2021 Regulations means that the exemption in regulation 4B of the 2001 Regulations will remain in force and 1,4-Butanediol (1,4-BD) and Gamma-butyrolactone (GBL) will not be placed in Schedule 1, so a Home Office controlled drugs licence will not be required to lawfully import, export, produce, supply or possess these drugs.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
1971 c. 38. Section 22 was amended by the Police Reform and Social Responsibility Act 2011 (c. 13), Schedule 17, paragraph 14. See the definition of “prescribed” in section 37(1).