The Misuse of Drugs (Amendment) (No. 4) Regulations (Northern Ireland) 2006

This Statutory Rule has been made in consequence of defects in Statutory Rule 2006 No. 264 and is being issued free of charge to all known recipients of that Statutory Rule.

Statutory Rules of Northern Ireland

2006 No. 334

DANGEROUS DRUGS

The Misuse of Drugs (Amendment) (No. 4) Regulations (Northern Ireland) 2006

Made

11th August 2006

Coming into operation

1st September 2006

The Department of Health, Social Services and Public Safety makes the following Regulations in exercise of the powers conferred by sections 7, 10, 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 N.I.

1.  These Regulations may be cited as the Misuse of Drugs (Amendment) (No. 4) Regulations (Northern Ireland) 2006 and shall come into operation on 1st September 2006.

Commencement Information

I1 Reg. 1 in operation at 1.9.2006, see reg. 1

Interpretation N.I.

2.  The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Assembly.

Commencement Information

I2 Reg. 2 in operation at 1.9.2006, see reg. 1

Amendment of the Misuse of Drugs Regulations (Northern Ireland) 2002 N.I.

3.  The Misuse of Drugs Regulations (Northern Ireland) 2002(4) shall be amended in accordance with regulations 4 to 7.

Commencement Information

I3 Reg. 3 in operation at 1.9.2006, see reg. 1

4.  In regulation 2—

(a) for the definition of ““private prescribing”, substitute

““private prescribing” means issuing prescriptions other than health prescriptions or veterinary prescriptions;”;

(b) after the definition of “supplementary prescriber” insert—

““veterinary prescription” means a prescription issued by a veterinary surgeon or veterinary practitioner for the purposes of animal treatment;”.

Commencement Information

I4 Reg. 4 in operation at 1.9.2006, see reg. 1

5.—(1) In regulation 15(1)—

(a) in sub-paragraph (aa), (5), after “health prescription” insert “ or a veterinary prescription”;

(b) after sub-paragraph (aa), insert—

“(ab) except in the case of a health prescription or a veterinary prescription, specify the prescriber identification number of the person issuing it;”

(c) in sub-paragraph (c), omit “prescriber identification number and the”.

(2) In regulation 15(1A)(6), after “health prescription” insert “or a veterinary prescription”.

Commencement Information

I5 Reg. 5 in operation at 1.9.2006, see reg. 1

6.  In regulation 16—

(a) in paragraph (1)(a), for “subject to paragraphs (1A) and 1C)”, substitute

• “subject to paragraphs (1A) and (1C)”.

(b) in paragraph (2), for “unless it is a health prescription”, substitute “if it is a veterinary prescription,”.

Commencement Information

I6 Reg. 6 in operation at 1.9.2006, see reg. 1

7.—(1) In regulation 23(3)—

(a) for “or prescription (other than a health prescription)”, substitute “and veterinary prescription”;

(b) after “regulations”, insert “, and every prescription (other than a health prescription) on which a controlled drug specified in Schedules 4 or 5 is so supplied,”.

(2) In regulation 23(4), after “health prescription” insert “or a veterinary prescription”.

Commencement Information

I7 Reg. 7 in operation at 1.9.2006, see reg. 1

Amendment of the Misuse of Drugs (Amendment) (No. 3) Regulations (Northern Ireland) 2006 N.I.

F1 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 8 omitted (20.8.2007) by virtue of The Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/348), regs. 2(1), 7

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 11th August 2006.

L.S.

Andrew Elliott

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 amend the Misuse of Drugs Regulations (Northern Ireand) 2002 (“the 2002 Regulations”) to correct defects in the amendments made to those Regulations by the Misuse of Drugs (Amendment) (No. 3) Regulations (Northern Ireland) 2006 (“the 2006 Regulations”).

The 2006 Regulations introduced requirements that all private prescriptions containing controlled drugs in Schedules 1, 2 or 3 to the 2002 Regulations must be issued on a standard form which includes the prescriber identification number of the person issuing it, and that all such prescriptions must be submitted to the relevant National Health agency after the drug has been supplied.

The 2006 Regulations omitted however to exclude veterinary prescriptions from these requirements and regulations 4, 5 and 7(2) of these Regulations amend the 2002 Regulations to make the necessary exclusions.

Regulation 6(b) amends regulations 16(2) and Regulation 7 amends Regulation 23 of the 2002 Regulations, which contain requirements relating to the retention of private prescriptions, to remove from these requirements prescriptions (other than veterinary prescriptions) containing controlled drugs in Schedules 1, 2 or 3 to the 2002 Regulations.

Regulation 8 amends the commencement date in regulation 2(2) of the 2006 Regulations so that regulations 8(1) and 11 of those Regulations will come into operation on 1st January 2008.

(1)

1971 c. 38

(2)

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

(3)

1954 c. 33 (N.I.)

(4)

S.R. 2002 No. 1; the relevant amending Regulations are S.R. 2006 No. 264

(5)

Sub-paragraph (aa) was inserted into Regulation 15(1) by S.R. 2006 No. 264

(6)

Regulation 15(1A) was inserted by S.R. 2006 No. 264