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The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2011
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Statutory Rules of Northern Ireland
2011 No. 154
Dangerous Drugs
The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2011
Made
23rd March 2011
Coming into operation
28th March 2011
The Department of Health, Social Services and Public Safety makes the following Order in exercise of the powers conferred by sections 7(4) and (5) of the Misuse of Drugs Act 1971(1), as adapted by section 7(9) of the Act and now vested in it (2) and after consultation with the Advisory Council on the Misuse of Drugs in accordance with section 7(7) of that Act.
Citation and commencement
1. This Order may be cited as the Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2011 and shall come into operation on 28th March 2011.
Interpretation
2.—(1) In this Order “the 2001 Order” means the Misuse of Drugs (Designation) Order (Northern Ireland) 2001 (3).
(2) The Interpretation Act (Northern Ireland) 1954(4) shall apply to this Order as it applies to an Act of the Assembly.
Amendment of the 2001 Order
3. In paragraph 1(a) of Part 1 of the Schedule to the 2001 Order, omit “4-Methylmecathinone”.
Revocation
4. Paragraphs (a) and (b) of Article 3 of the Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2010(5) are revoked.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 23rd March 2011
(L.S.)
Norman Morrow
A senior officer of the Department of Health, Social Services and Public Safety
EXPLANATORY NOTE
(This note is not part of the Order)
Section 7(3) of the Misuse of Drugs Act 1971 requires regulations to be made to allow the use for medical purposes of the drugs which are subject to control under that Act. Section 7(3) does not apply to any drug designated by order under section 7(4) as a drug to which section 7(4) is to apply. This Order amends the Misuse of Drugs (Designation) Order (Northern Ireland) 2001 (“the 2001 Order”) by removing 4-Methylmethcathinone (wrongly spelt 4-Methylmecathinone) from paragraph 1(a) of Part 1 of the Schedule to that Order – 4‑Methylmethcathinone will though fall within paragraph 1(q) - and revokes both paragraphs (a) and (b) of Article 3 of the Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2010.
Due to a drafting error in Article 3 of the Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2010, the insertion of 4- Methylmethcathinone (wrongly spelt 4-Methylmecathinone) appeared as paragraphs (a) and (b). Both paragraphs are therefore revoked to ensure 4- Methylmethcathinone (wrongly spelt 4- Methylmecathinone) is removed from paragraph 1(a) of Part 1 of the Schedule to the 2001 Order. Article 3(c) of the Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2010 which inserts paragraph 1(q) in Part 1 of the Schedule to the 2001 Order is not revoked.
(1)
(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.2001 No. 431; the relevant amending Orders are S.R.2005 No.359, S.R.2009 No.389 and S.R.2010 Nos.149 and 246
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