Misuse of Drugs Act 1971

SCHEDULES

Section 1.

SCHEDULE 1U.K. Constitution etc. of Advisory Council on the Misuse of Drugs

1(1)The members of the Advisory Council, of whom there shall be not less than twenty, shall be appointed by the Secretary of State after consultation with such organisations as he considers appropriate F1...U.K.

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Secretary of State shall appoint one of the members of the Advisory Council to be chairman of the Council.

Textual Amendments

F1Words in Sch. 1 para. 1(1) omitted (15.11.2011) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 152(a), 157(1); S.I. 2011/2515, art. 3(e)

2U.K.The Advisory Council may appoint committees, which may consist in part of persons who are not members of the Council, to consider and report to the Council on any matter referred to them by the Council.

3U.K.At meetings of the Advisory Council the quorum shall be seven, and subject to that the Council may determine their own procedure.

4U.K.The Secretary of State may pay to the members of the Advisory Council such remuneration (if any) and such travelling and other allowances as may be determined by him with the consent of the Minister for the Civil Service.

5U.K.Any expenses incurred by the Advisory Council with the approval of the Secretary of State shall be defrayed by the Secretary of State.

Section 2.

SCHEDULE 2U.K. Controlled Drugs

Part IU.K. Class A Drugs

1U.K.The following substances and products, namely:—

[F3(a)]

  • Acetorphine.

  • [F4Alfentanil.]

  • Allylprodine.

  • Alphacetylmethadol.

  • Alphameprodine.

  • Alphamethadol.

  • Alphaprodine.

  • Anileridine.

  • Benzethidine.

  • Benzylmorphine (3-benzylmorphine).

  • Betacetylmethadol.

  • Betameprodine.

  • Betamethadol.

  • Betaprodine.

  • Bezitramide.

  • Bufotenine.

  • F5...

  • F6...

  • [F7Carfentanil.]

  • Clonitazene.

  • Coca leaf.

  • Cocaine.

  • Desomorphine.

  • Dextromoramide.

  • Diamorphine.

  • Diampromide.

  • Diethylthiambutene.

  • [F8Difenoxin (1-(3-cyano-3,3-diphenylpropyl)-4-phenylpiperidine-4-carboxylic acid).]

  • DihydrocodeinoneO-carboxymethyloxime.

  • [F9Dihydroetorphine]

  • Dimenoxadole.

  • Dimepheptanol.

  • Dimethylthiambutene.

  • Dioxaphetyl butyrate.

  • Diphenoxylate.

  • Dipipanone.

  • [F10Drotebanol (3,4-dimethoxy-17-methylmorphinan-6b, 14-diol).]

  • Ecgonine, and any derivative of ecgonine which is convertible to ecgonine or to cocaine.

  • Ethylmethylthiambutene.

  • [F4Eticyclidine.]

  • Etonitazene.

  • Etorphine.

  • Etoxeridine.

  • [F11Etryptamine]

  • Fentanyl.

  • [F12Fungus (of any kind) which contains psilocin or an ester of psilocin.]

  • Furethidine.

  • Hydrocodone.

  • Hydromorphinol.

  • Hydromorphone.

  • Hydroxypethidine.

  • Isomethadone.

  • Ketobemidone.

  • Levomethorphan.

  • Levomoramide.

  • Levophenacylmorphan.

  • Levorphanol.

  • [F7Lofentanil]

  • Lysergamide.

  • Lysergide and otherN-alkyl derivatives of lysergamide.

  • Mescaline.

  • Metazocine.

  • Methadone.

  • Methadyl acetate.

  • [F13Methylamphetamine]

  • Methyldesorphine.

  • Methyldihydromorphine (6-methyldihydromorphine).

  • Metopon.

  • Morpheridine.

  • Morphine.

  • Morphine methobromide, morphineN-oxide and other pentavalent nitrogen morphine derivatives.

  • Myrophine.

  • F14. . .

  • Nicomorphine (3,6-dinicotinoylmorphine).

  • Noracymethadol.

  • Norlevorphanol.

  • Normethadone.

  • Normorphine.

  • Norpipanone.

  • Opium, whether raw, prepared or medicinal.

  • Oxycodone.

  • Oxymorphone.

  • Pethidine.

  • Phenadoxone.

  • Phenampromide.

  • Phenazocine.

  • [F15Phencyclidine.]

  • Phenomorphan.

  • Phenoperidine.

  • Piminodine.

  • Piritramide.

  • Poppy-straw and concentrate of poppy-straw.

  • Proheptazine.

  • Properidine (1-methyl-4-phenyl-piperidine-4-carboxylic acid isopropyl ester).

  • Psilocin.

  • Racemethorphan.

  • Racemoramide.

  • Racemorphan.

  • [F16Remifentanil]

  • [F4Rolicyclidine.]

  • [F17Sufentanil.]

  • [F18Tapentadol.]

  • [F4Tenocylidine.]

  • Thebacon.

  • Thebaine.

  • [F17Tilidate.]

  • Trimeperidine.

  • [F194-Bromo-2,5-dimethoxy-a-methylphenethylamine].

  • 4-Cyano-2-dimethylamino-4,4-diphenylbutane.

  • 4-Cyano-1-methyl-4-phenyl-piperidine.

  • N,N-Diethyltryptamine.

  • N,N-Dimethyltryptamine.

  • 2,5-Dimethoxy-a,4-dimethylphenethylamine.

  • [F20N-Hydroxy-tenamphetamine.]

  • 1-Methyl-4-phenylpiperidine-4-carboxylic acid.

  • 2-Methyl-3-morpholino-1, 1-diphenylpropanecarboxylic acid.

  • [F214-Methyl-aminorex]

  • 4-Phenylpiperidine-4-carboxylic acid ethyl ester.

[F22(b)any compound (not being a compound for the time being specified in sub-paragraph (a) above) structurally derived from tryptamine or from a ring-hydroxy tryptamine by substitution at the nitrogen atom of the sidechain with one or more alkyl substituents but no other substituent;

[F23(ba)the following phenethylamine derivatives, namely:—

  • Allyl( a -methyl-3,4-methylenedioxyphenethyl)amine

  • 2-Amino-1-(2,5-dimethoxy-4-methylphenyl)ethanol

  • 2-Amino-1-(3,4-dimethoxyphenyl)ethanol

  • Benzyl( a -methyl-3,4-methylenedioxyphenethyl)amine

  • 4-Bromo- b ,2,5-trimethoxyphenethylamine

  • N -(4- sec -Butylthio-2,5-dimethoxyphenethyl)hydroxylamine

  • Cyclopropylmethyl( a -methyl-3,4-methylenedioxyphenethyl)amine

  • 2-(4,7-Dimethoxy-2,3-dihydro-1 H -indan-5-yl)ethylamine

  • 2-(4,7-Dimethoxy-2,3-dihydro-1 H -indan-5-yl)-1-methylethylamine

  • 2-(2,5-Dimethoxy-4-methylphenyl)cyclopropylamine

  • 2-(1,4-Dimethoxy-2-naphthyl)ethylamine

  • 2-(1,4-Dimethoxy-2-naphthyl)-1-methylethylamine

  • N -(2,5-Dimethoxy-4-propylthiophenethyl)hydroxylamine

  • 2-(1,4-Dimethoxy-5,6,7,8-tetrahydro-2-naphthyl)ethylamine

  • 2-(1,4-Dimethoxy-5,6,7,8-tetrahydro-2-naphthyl)-1-methylethylamine

  • a , a -Dimethyl-3,4-methylenedioxyphenethylamine

  • a , a -Dimethyl-3,4-methylenedioxyphenethyl(methyl)amine

  • Dimethyl( a -methyl-3,4-methylenedioxyphenethyl)amine

  • N -(4-Ethylthio-2,5-dimethoxyphenethyl)hydroxylamine

  • 4-Iodo-2,5-dimethoxy- a -methylphenethyl(dimethyl)amine

  • 2-(1,4-Methano-5,8-dimethoxy-1,2,3,4-tetrahydro-6-naphthyl)ethylamine

  • 2-(1,4-Methano-5,8-dimethoxy-1,2,3,4-tetrahydro-6-naphthyl)-1-methylethylamine

  • 2-(5-Methoxy-2,2-dimethyl-2,3-dihydrobenzo[ b ]furan-6-yl)-1-methylethylamine

  • 2-Methoxyethyl( a -methyl-3,4-methylenedioxyphenethyl)amine

  • 2-(5-Methoxy-2-methyl-2,3-dihydrobenzo[ b ]furan-6-yl)-1-methylethylamine

  • b -Methoxy-3,4-methylenedioxyphenethylamine

  • 1-(3,4-Methylenedioxybenzyl)butyl(ethyl)amine

  • 1-(3,4-Methylenedioxybenzyl)butyl(methyl)amine

  • 2-( a -Methyl-3,4-methylenedioxyphenethylamino)ethanol

  • a -Methyl-3,4-methylenedioxyphenethyl(prop-2-ynyl)amine

  • N -Methyl- N -( a -methyl-3,4-methylenedioxyphenethyl)hydroxylamine

  • O -Methyl- N -( a -methyl-3,4-methylenedioxyphenethyl)hydroxylamine

  • a -Methyl-4-(methylthio)phenethylamine

  • b ,3,4,5-Tetramethoxyphenethylamine

  • b ,2,5-Trimethoxy-4-methylphenethylamine; ]

(c) any compound (not being methoxyphenamine or a compound for the time being specified in sub-paragraph (a) above) structurally derived from phenethylamine an N -alkylphenethylamine,a-methylphenethylamine, an N -alkyl-a-methylphenethylamine,a-ethylphenethylamine, or an N -alkyl-a-ethylphenethylamine by substitution in the ring to any extent with alkyl, alkoxy, alkylenedioxy or halide substituents, whether or not further substituted in the ring by one or more other univalent substituents. ]

[F24(d)any compound (not being a compound for the time being specified in sub-paragraph (a) above) structurally derived from fentanyl by modification in any of the following ways, that is to say,

(i)by replacement of the phenyl portion of the phenethyl group by any heteromonocycle whether or not further substituted in the heterocycle;

(ii)by substitution in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halogeno, haloalkyl, amino or nitro groups;

(iii)by substitution in the piperidine ring with alkyl or alkenyl groups;

(iv)by substitution in the aniline ring with alkyl, alkoxy, alkylenedioxy, halogeno or haloalkyl groups;

(v)by substitution at the 4-position of the piperidine ring with any alkoxycarbonyl or alkoxyalkyl or acyloxy group;

(vi)by replacement of the N-propionyl group by another acyl group;

(e)any compound (not being a compound for the time being specified in sub-paragraph (a) above) structurally derived from pethidine by modification in any of the following ways, that is to say,

(i)by replacement of the 1-methyl group by an acyl, alkyl whether or not unsaturated, benzyl or phenethyl group, whether or not further substituted;

(ii)by substitution in the piperidine ring with alkyl or alkenyl groups or with a propano bridge, whether or not further substituted;

(iii)by substitution in the 4-phenyl ring wiith alkyl, alkoxy, aryloxy, halogeno or haloalkyl groups;

(iv)by replacement of the 4-ethoxycarbonyl by any other alkoxycarbonyl or any alkoxyalkyl or acyloxy group;

(v)by formation of an N-oxide or of a quaternary base.]

[F25(f)any compound (not being benzyl(α-methyl-3,4-methylenedioxyphenethyl)amine) structurally derived from mescaline, 4-bromo-2,5-dimethoxy-α-methylphenethylamine, 2,5-dimethoxy-α,4-dimethylphenethylamine, N-hydroxytenamphetamine, or a compound specified in sub-paragraph (ba) or (c) above, by substitution at the nitrogen atom of the amino group with a benzyl substituent, whether or not substituted in the phenyl ring of the benzyl group to any extent.]

Textual Amendments

F3"(a)" inserted by S.I. 1977/1243, art. 3(a)

F4Word inserted by S.I. 1984/859, art. 2(2)

F7Word inserted by S.I. 1986/2230, art. 2(2)(a)

F8Word inserted by S.I. 1975/421, art. 3

F9Word in Sch. 2 Pt. 1 para. 1(a) inserted (1.7.2003) by The Misuse of Drugs Act 1971 (Modification) Order 2003 (S.I. 2003 /1243), art. 2(2)(a)

F10Word inserted by S.I. 1973/771, art. 2

F11Word in Sch. 2 Pt. I para. 1(a) inserted (1.5.1998) by S.I. 1998/750, art. 2(2)

F12Words in Sch. 2 Pt. 1 para. 1 inserted (18.7.2005) by Drugs Act 2005 (c. 17), s. 21

F13Word in Sch. 2 Pt. 1 para. 1(a) inserted (18.1.2007) by The Misuse of Drugs Act 1971 (Amendment) Order 2006 (S.I. 2006/3331), art. 2(1)

F14Words repealed by S.I. 1973/771, art. 2

F15Word inserted by S.I. 1979/299, art. 2

F16Word in Sch. 2 Pt. 1 para. 1(a) inserted (1.7.2003) by The Misuse of Drugs Act 1971 (Modification) Order 2003 (S.I. 2003 /1243), art. 2(2)(b)

F17Word inserted by S.I. 1983/765, art. 2(a)

F18Word in Sch. 2 Pt. 1 para. 1(a) inserted (28.3.2011) by The Misuse of Drugs Act 1971 (Amendment) Order 2011 (S.I. 2011/744), arts. 1(1), 2

F19Words inserted by S.I. 1975/421, art. 3

F22Sch. 2 Pt. I para. 1(b)(c) added by S.I. 1977/1243, art. 3(b)

F24Sch. 2 Pt. I para. 1(d)(e) added by S.I. 1986/2230, art. 2(2)(b)

2U.K.Any stereoisomeric form of a substance for the time being specified in paragraph 1 above not being dextromethorphan or dextrorphan.

3U.K.Any ester or ether of a substance for the time being specified in paragraph 1 or 2 above [F26not being a substance for the time being specified in Part II of this Schedule].

Textual Amendments

F26Words inserted by S.I. 1973/771, art. 2

4U.K.Any salt of a substance for the time being specified in any of paragraphs 1 to 3 above.

5U.K.Any preparation or other product containing a substance or product for the time being specified in any of paragraphs 1 to 4 above.

6U.K.Any preparation designed for administration by injection which includes a substance or product for the time being specified in any of paragraphs 1 to 3 of Part II of this Schedule.

Part IIU.K. Class B Drugs

1U.K.The following substances and products, namely:—

[F27(a)]

  • Acetyldihydrocodeine.

  • Amphetamine.

  • [F28Cannabinol]

  • [F28Cannabinol derivatives]

  • [F28Cannabis and cannabis resin]

  • F29...

  • Codeine.

  • F30. . .

  • Dihydrocodeine.

  • Ethylmorphine (3-ethylmorphine).

  • [F31Glutethimide.]

  • [F32Ketamine.]

  • [F31Lefetamine.]

  • [F33Lisdexamphetamine.]

  • [F34Mecloqualone.]

  • [F34Methaqualone.]

  • [F35Methcathinone]

  • F36...

  • F37...

  • [F38a-Methylphenethylhydroxylamine]

  • Methylphenidate.

  • [F34Methylphenobarbitone.]

  • Nicocodine.

  • [F39Nicodicodine (6-nicotinoyldihydrocodeine).]

  • Norcodeine.

  • [F40Pentazocine.]

  • Phenmetrazine.

  • Pholcodine.

  • [F41Propiram.]

  • [F35Zipeprol]

  • [F422-((Dimethylamino)methyl)-1-(3-hydroxyphenyl)cyclohexanol.]

[F43(aa)Any compound (not being bupropion, cathinone, diethylpropion, pyrovalerone or a compound for the time being specified in sub–paragraph (a) above) structurally derived from 2–amino–1–phenyl–1–propanone by modification in any of the following ways, that is to say,

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

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

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

[F44(ab)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.]

[F45(ac)Any compound (not being pipradrol) structurally derived from piperidine, pyrrolidine, azepane, morpholine or pyridine by substitution at a ring carbon atom with a diphenylmethyl group, whether or not the compound is further modified in any of the following ways, that is to say,

(i)by substitution in any of the phenyl rings to any extent with alkyl, alkoxy, haloalkyl or halide groups;

(ii)by substitution at the methyl carbon atom with an alkyl, hydroxyalkyl or hydroxy group;

(iii)by substitution at the ring nitrogen atom with an alkyl, alkenyl, haloalkyl or hydroxyalkyl group.]

[F27(b)any 5,5 disubstituted barbituric acid.]

[F46(c)[2,3–Dihydro–5–methyl–3–(4–morpholinylmethyl)pyrrolo[1, 2, 3–de]–1,4–benzoxazin–6–yl]–1–naphthalenylmethanone.

  • [9–Hydroxy–6–methyl–3–[5–phenylpentan–2–yl] oxy–5, 6, 6a, 7, 8, 9, 10, 10a–octahydrophenanthridin–1–yl] acetate.

  • [9–Hydroxy–6–methyl–3–[5–phenylpentan–2–yl] oxy–5, 6, 6a, 7, 8, 9, 10, 10a–octahydrophenanthridin–1–yl] acetate.

  • 9-(Hydroxymethyl)–6, 6–dimethyl–3–(2–methyloctan–2–yl)–6a, 7, 10, 10a–tetrahydrobenzo[c]chromen–1–ol.

  • Any compound structurally derived from 3–(1–naphthoyl)indole, 3-(2-naphthoyl) indole, 1H–indol–3–yl–(1–naphthyl)methane or 1H-indol-3-yl-(2-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

  • Any compound structurally derived from 3–(1–naphthoyl)pyrrole or 3-(2-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

  • Any compound structurally derived from 1–(1–naphthylmethylene)indene or 1-(2-naphthylmethylene)indene by substitution at the 3–position of the indene ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.

  • Nabilone.

  • Any compound structurally derived from 3–phenylacetylindole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.

  • Any compound structurally derived from 2–(3–hydroxycyclohexyl)phenol by substitution at the 5–position of the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the cyclohexyl ring to any extent.

  • Any compound structurally derived from 3-benzoylindole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.

  • Any compound structurally derived from 3-(1-adamantoyl)indole or 3-(2-adamantoyl)indole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent.

  • Any compound structurally derived from 3-(2,2,3,3-tetramethylcyclopropylcarbonyl)indole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent.

(d)1-Phenylcyclohexylamine or any compound (not being ketamine, tiletamine or a compound for the time being specified in paragraph 1(a) of Part 1 of this Schedule) structurally derived from 1-phenylcyclohexylamine or 2-amino-2-phenylcyclohexanone by modification in any of the following ways, that is to say,

(i)by substitution at the nitrogen atom to any extent by alkyl, alkenyl or hydroxyalkyl groups, or replacement of the amino group with a 1-piperidyl, 1-pyrrolidyl or 1-azepyl group, whether or not the nitrogen containing ring is further substituted by one or more alkyl groups;

(ii)by substitution in the phenyl ring to any extent by amino, alkyl, hydroxy, alkoxy or halide substituents, whether or not further substituted in the phenyl ring to any extent;

(iii)by substitution in the cyclohexyl or cyclohexanone ring by one or more alkyl substituents;

(iv)by replacement of the phenyl ring with a thienyl ring.]

[F47(e)Any compound (not being a compound for the time being specified in paragraph 1(ba) of Part 1 of this Schedule) structurally derived from 1-benzofuran, 2,3-dihydro-1-benzofuran, 1H-indole, indoline, 1H-indene, or indane by substitution in the 6-membered ring with a 2-ethylamino substituent whether or not further substituted in the ring system to any extent with alkyl, alkoxy, halide or haloalkyl substituents and whether or not substituted in the ethylamino side-chain with one or more alkyl substituents.]

Textual Amendments

F27Sch. 2 Pt. 2 para. 1(b) added by S.I. 1984/859, art. 2(3)

F28Words in Sch. 2 Pt. 2 para. 1(a) inserted (26.1.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2008 (S.I. 2008/3130), art. 2(2)(a)

F29Words in Sch. 2 Pt. 2 para. 1(a) deleted (29.1.2004) by The Misuse of Drugs Act 1971 (Modification) (No. 2) Order 2003 (S.I. 2003/3201), art. 2(3)

F32Word in Sch. 2 Pt. 2 para. 1(a) inserted (10.6.2014) by The Misuse of Drugs Act 1971 (Ketamine etc.) (Amendment) Order 2014 (S.I. 2014/1106), art. 4(a)(i)

F33Word in Sch. 2 Pt. 2 para. 1(a) inserted (10.6.2014) by The Misuse of Drugs Act 1971 (Ketamine etc.) (Amendment) Order 2014 (S.I. 2014/1106), art. 4(a)(ii)

F34Word inserted by S.I. 1984/859, art. 2(3)

F35Words in Sch. 2 Pt. 2 para. 1(a) inserted (1.5.1998) by S.I. 1998/750, art. 2(3)

F36Word in Sch. 2 Pt. 2 para. 1(a) omitted (28.3.2011) by virtue of The Misuse of Drugs Act 1971 (Amendment) Order 2011 (S.I. 2011/744), arts. 1(1), 3

F37Word in Sch. 2 Pt. 2 para. 1(a) repealed (18.1.2007) by The Misuse of Drugs Act 1971 (Amendment) Order 2006 (S.I.2006/3331), art. 2(2)

F38Word in Sch. 2 Pt. 2 para. 1(a) inserted (1.2.2002) by S.I. 2001/3932, art. 2(3)

F39Words inserted by S.I. 1973/771, art. 2

F41Word inserted by S.I. 1973/771, art. 2

F42Words in Sch. 2 Pt. 2 para. 1(a) inserted (26.2.2013) by The Misuse of Drugs Act 1971 (Amendment) Order 2013 (S.I. 2013/239), art. 3

F43Sch. 2 Pt. 2 para. 1(aa) inserted (16.4.2010) by The Misuse of Drugs Act 1971 (Amendment) Order 2010 (S.I. 2010/1207), art. 2(b)

F45Sch. 2 Pt. 2 para. 1(ac) inserted (13.6.2012) by The Misuse of Drugs Act 1971 (Amendment) Order 2012 (S.I. 2012/1390), art. 2(a)

F46Sch. 2 Pt. 2 para. 1(c)(d) substituted (26.2.2013) for Sch. 2 Pt. 2 para. 1(c) by The Misuse of Drugs Act 1971 (Amendment) Order 2013 (S.I. 2013/239), art. 4

F47Sch. 2 Pt. 2 para. 1(e) inserted (10.6.2014) by The Misuse of Drugs Act 1971 (Ketamine etc.) (Amendment) Order 2014 (S.I. 2014/1106), art. 4(b)

2U.K.Any stereoisomeric form of a substance for the time being specified in paragraph 1 of this Part of this Schedule.

[F482A.U.K.Any ester or ether of cannabinol or of a cannabinol derivative [F49or of a substance for the time being specified in [F50paragraph 1(ac), (c) or (d)] of this Part of this Schedule.] .]

Textual Amendments

F49Words in Sch. 2 Pt. 2 para. 2A inserted (23.12.2009) by Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), arts. 1, 2(2)(b)

F50Words in Sch. 2 Pt. 2 para. 2A substituted (26.2.2013) by The Misuse of Drugs Act 1971 (Amendment) Order 2013 (S.I. 2013/239), art. 5

3U.K.Any salt of a substance for the time being specified in paragraph 1 [F51, 2 or 2A] of this Part of this Schedule.

Textual Amendments

F51Words in Sch. 2 Pt. 2 para. 3 substituted ( 26.1.2009 ) by The Misuse of Drugs Act 1971 (Amendment) Order 2008 (S.I. 2008/3130), art. 2(2)(c)

4U.K.Any preparation or other product containing a substance or product for the time being specified in any of paragraphs 1 to 3 of this Part of this Schedule, not being a preparation falling within paragraph 6 of Part I of this Schedule.

Part IIIU.K. Class C Drugs

1U.K.The following substances, namely:—

  • [F53Alprazolam.]

  • [F54Amineptine]

  • [F55Aminorex]

  • [F53Bromazepam.]

  • [F567-bromo-5-(2-chlorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one.]

  • Benzphetamine.

  • [F55Brotizolam]

  • [F57Buprenorphine]

  • [F53Camazepam.]

  • F58...

  • F59...

  • F60...

  • [F61Cathine.]

  • [F61Cathinone.]

  • [F53Chlordiazepoxide.]

  • Chlorphentermine.

  • [F53Clobazam.]

  • [F53Clorazepic acid.]

  • [F53Clonazepam.]

  • [F53Clotiazepam.]

  • [F53Cloxazolam.]

  • [F53Delorazepam.]

  • [F62Dextropropoxyphene.]

  • [F53Diazepam.]

  • [F63Diethylpropion.]

  • [F53Estazolam.]

  • [F53Ethchlorvynol.]

  • [F53Ethinamate.]

  • [F53Ethyl loflazepate.]

  • [F61Fencamfamin.]

  • [F61Fenethylline.]

  • [F61Fenproporex.]

  • [F53Fludiazepam.]

  • [F53Flunitrazepam.]

  • [F53Flurazepam.]

  • [F64Gamma–butyrolactone]

  • [F53Halazepam.]

  • [F53Haloxazolam.]

  • [F654-Hydroxy-n-butyric acid]

  • F66...

  • [F53Ketazolam.]

  • [F53Loprazolam.]

  • [F53Lorazepam.]

  • [F53Lormetazepam.]

  • [F53Mazindol.]

  • [F53Medazepam.]

  • [F61Mefenorex.]

  • F67. . .

  • Mephentermine.

  • [F53Meprobamate.]

  • [F55Mesocarb]

  • F68. . .

  • [F53Methyprylone.]

  • [F69Midazolam.]

  • [F53Nimetazepam.]

  • [F53Nitrazepam.]

  • [F53Nordazepam.]

  • [F53Oxazepam.]

  • [F53Oxazolam.]

  • [F70Pemoline.]

  • F67. . .

  • Phendimetrazine.

  • [F53Phentermine.]

  • [F53Pinazepam.]

  • F67. . .

  • F71...

  • [F53Prazepam.]

  • F67. . .

  • F72. . .

  • [F61Pyrovalerone.]

  • [F53Temazepam.]

  • [F53Tetrazepam.]

  • [F73Tramadol.]

  • [F53Triazolam.]

  • [F61N-Ethylamphetamine.]

  • [F74Zaleplon.]

  • [F75Zolpidem]

  • [F76Zopiclone.]

  • [F77(b)[F785α–Androstane–3,17–diol.]

  • [F79Androst-4-ene-3,17-diol.]

  • [F801–Androstenediol.]

  • [F811–Androstenedione]

  • [F824-Androstene-3, 17-dione]

  • [F835–Androstenedione.]

  • [F825-Androstene-3, 17-diol]

  • Atamestane.

  • Bolandiol.

  • Bolasterone.

  • Bolazine.

  • Boldenone.

  • [F84Boldione.]

  • Bolenol.

  • Bolmantalate.

  • [F851,4–Butanediol.]

  • Calusterone.

  • 4-Chloromethandienone.

  • Clostebol.

  • [F86Danazol.]

  • [F87Desoxymethyltestosterone]

  • Drostanolone.

  • Enestebol.

  • Epitiostanol.

  • Ethyloestrenol.

  • Fluoxymesterone.

  • Formebolone.

  • Furazabol.

  • [F88Gestrinone.]

  • [F893–Hydroxy–5α–androstan–17–one.]

  • Mebolazine.

  • Mepitiostane.

  • Mesabolone.

  • Mestanolone.

  • Mesterolone.

  • Methandienone.

  • Methandriol.

  • Methenolone.

  • Methyltestosterone.

  • Metribolone.

  • Mibolerone.

  • Nandrolone.

  • [F9019–Norandrostenedione.]

  • [F9119-Nor-4-Androstene-3, 17-dione]

  • [F9219–Norandrosterone.]

  • [F9119-Nor-5-Androstene-3, 17-diol]

  • Norboletone.

  • Norclostebol.

  • Norethandrolone.

  • [F9319–Noretiocholanolone.]

  • [F94Oripavine.]

  • Ovandrotone.

  • Oxabolone.

  • Oxandrolone.

  • Oxymesterone.

  • Oxymetholone.

  • [F95Pipradrol.]

  • Prasterone.

  • Propetandrol.

  • [F96Prostanozol]

  • Quinbolone.

  • Roxibolone.

  • Silandrone.

  • Stanolone.

  • Stanozolol.

  • Stenbolone.

  • Testosterone.

  • [F97Tetrahydrogestrinone.]

  • Thiomesterone.

  • Trenbolone.

(c)any compound (not being Trilostane or a compound for the time being specified in sub-paragraph (b) above) structurally derived from 17-hydroxyandrostan-3-one or from 17-hydroxyestran-3-one by modification in any of the following ways, that is to say,

(i)by further substitution at position 17 by a methyl or ethyl group;

(ii)by substitution to any extent at one or more of positions 1, 2, 4, 6, 7, 9, 11 or 16, but at no other position;

(iii)by unsaturation in the carbocyclic ring system to any extent, provided that there are no more than two ethylenic bonds in any one carbocyclic ring;

(iv)by fusion of ring A with a heterocyclic system;

[F98(ca )1–benzylpiperazine or any compound structurally derived from 1–benzylpiperazine or 1–phenylpiperazine by modification in any of the following ways—

(i)by substitution at the second nitrogen atom of the piperazine ring with alkyl, benzyl, haloalkyl or phenyl groups;

(ii)by substitution in the aromatic ring to any extent with alkyl, alkoxy, alkylenedioxy, halide or haloalkyl groups.]

(d)any substance which is an ester or ether (or, where more than one hydroxyl function is available, both an ester and an ether) of a substance specified in sub-paragraph (b) or described in sub-paragraph (c) above F99...;

  • (e)Chorionic Gonadotrophin (HCG).

  • Clenbuterol.

  • Non-human chorionic gonadotrophin.

  • Somatotropin.

  • Somatrem.

  • Somatropin.]

  • [F100Zeranol.]

  • [F101Zilpaterol.]

Textual Amendments

F52"(a)" inserted (1.9.1996) by S.I. 1996/1300, art. 2(2)(a)

F53Word inserted by S.I. 1985/1995, art. 2(3)

F54Word in Sch. 2 Pt. 3 para. 1(a) inserted (28.3.2011) by The Misuse of Drugs Act 1971 (Amendment) Order 2011 (S.I. 2011/744), arts. 1(1), 4

F55Words in Sch. 2 Pt. 3 para. 1(a) inserted (1.5.1998) by S.I. 1998/750, art. 2(4)

F56Words in Sch. 2 Pt. 3 para. 1(a) inserted (13.6.2012) by The Misuse of Drugs Act 1971 (Amendment) Order) 2012 (S.I. 2012/1390), art. 3(a)(ii)

F57Word inserted by S.I. 1989/1340, art. 2(a)

F58Word in Sch. 2 Pt. 3 para. 1(a) repealed (26.1.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2008 (S.I. 2008/3130), art. 2(3)(a)

F59Words in Sch. 2 Pt. 3 para. 1(a) repealed (26.1.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2008 (S.I. 2008/3130), art. 2(3)(a)

F60Words in Sch. 2 Pt. 3 para. 1(a) repealed (26.1.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2008 (S.I. 2008/3130), art. 2(3)(a)

F61Word inserted by S.I. 1986/2230, art. 2(3)

F62Word inserted by S.I. 1983/765, art. 2(a)

F63Word inserted by S.I. 1984/859, art. 2(4)(a)

F64Word in Sch. 2 Pt. 3 para. 1(a) inserted (23.12.2009 ) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(a)

F65Word in Sch. 2 Pt. 3 para. 1(a) inserted (1.7.2003) by The Misuse of Drugs Act 1971 (Modification) Order 2003 (S.I. 2003/1243), arts. 1, 2(3)(a)

F66Word in Sch. 2 Pt. 3 para. 1(a) omitted (10.6.2014) by virtue of The Misuse of Drugs Act 1971 (Ketamine etc.) (Amendment) Order 2014 (S.I. 2014/1106), art. 5(a)

F67Words repealed by S.I. 1973/771, art. 2

F68Word repealed by S.I. 1984/859, art. 2(4)(a)

F69Word inserted by S.I. 1990/2589, art. 2(b)

F70Word inserted by S.I. 1989/1340, art. 2(b)

F71Word in Sch. 2 Pt. 3 para. 1(a) omitted (13.6.2012) by virtue of The Misuse of Drugs Act 1971 (Amendment) Order 2012 (S.I. 2012/1390), art. 3(a)(i)

F72Word in Sch. 2 Pt. 3 para.1 omitted (1.9.1995) by virtue of S.I. 1995/1966, art. 2

F75Word in Sch. 2 Pt. 3 para. 1(a) inserted (1.7.2003) by The Misuse of Drugs Act 1971 (Modification) Order 2003 (S.I. 2003/1243), arts. 1, 2(3)(b)

F77Sch. 2 Pt. 3 para. 1(b)-(e) added (1.9.1996) by S.I. 1996/1300, art. 2(2)(b)

F78Word in Sch. 2 Pt. 3 para. 1(b) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(b)(i)

F79Word in Sch. 2 Pt. 3 para. 1(b) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(b)(i)

F80Word in Sch. 2 Pt. 3 para. 1(b) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(b)(i)

F81Word in Sch. 2 Pt. 3 para. 1(b) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(b)(i)

F82Word in Sch. 2 Pt. 3 para. 1(b) inserted (1.7.2003) by The Misuse of Drugs Act 1971 (Modification) Order 2003 (S.I. 2003/1243), arts. 1, 2(4)(a)

F83Word in Sch. 2 Pt. 3 para. 1(b) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(b)(ii)

F84Word in Sch. 2 Pt. 3 para. 1(b) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(b)(iii)

F85Word in Sch. 2 Pt. 3 para. 1(b) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(b)(iv)

F86Word in Sch. 2 Pt. 3 para. 1(b) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(b)(v)

F87Word in Sch. 2 Pt. 3 para. 1(b) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(b)(v)

F88Word in Sch. 2 Pt. 3 para. 1(b) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(b)(vi)

F89Word in Sch. 2 Pt. 3 para. 1(b) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(b)(vi)

F90Word in Sch. 2 Pt. 3 para. 1(b) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(b)(vii)

F91Word in Sch. 2 Pt. 3 para. 1(b) inserted (1.7.2003) by The Misuse of Drugs Act 1971 (Modification) Order 2003 (S.I. 2003/1243), arts. 1, 2(4)(b)

F93Word in Sch. 2 Pt. 3 para. 1(b) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(b)(ix)

F94Word in Sch. 2 Pt. 3 para. 1(b) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(b)(ix)

F95Word in Sch. 2 Pt. 3 para. 1(b) inserted (13.6.2012) by The Misuse of Drugs Act 1971 (Amendment) Order 2012 (S.I.2012/1390), art. 3(b)

F96Word in Sch. 2 Pt. 3 para. 1(b) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(b)(x)

F97Word in Sch. 2 Pt. 3 para. 1(b) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(b)(xi)

F99Words in Sch. 2 Pt. 3 para. 1(d) repealed (26.1.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2008 (S.I. 2008/3130), art. 2(3)(b)

F100Word in Sch. 2 Pt. 3 para. 1(e) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(d)

F101Word in Sch. 2 Pt. 3 para. 1(e) inserted (23.12.2009) by The Misuse of Drugs Act 1971 (Amendment) Order 2009 (S.I. 2009/3209), art. 2(3)(d)

2U.K.Any stereoisomeric form of a substance for the time being specified in paragraph 1 of this Part of this Schedule [F102not being phenylpropanolamine.]

Textual Amendments

3U.K.Any salt of a substance for the time being specified in paragraph 1 or 2 of this Part of this Schedule.

4U.K.Any preparation or other product containing a substance for the time being specified in any of paragraphs 1 to 3 of this Part of this Schedule.

Part IVU.K. Meaning of certain Expressions used in this Schedule

For the purposes of this Schedule the following expressions (which are not among those defined in section 37(1) of this Act) have the meanings hereby assigned to them respectively, that is to say—

  • “cannabinol derivatives” means the following substances, except where contained in cannabis or cannabis resin, namely tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives;

  • “coca leaf” means the leaf of any plant of the genusErythroxylonfrom whose leaves cocaine can be extracted either directly or by chemical transformation;

  • “concentrate of poppy-straw” means the material produced when poppy-straw has entered into a process for the concentration of its alkaloids;

  • “medicinal opium” means raw opium which has undergone the process necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with neutral substances;

  • “opium poppy” means the plant of the speciesPapaver somniferum L;

  • “poppy straw” means all parts, except the seeds, of the opium poppy, after mowing;

  • “raw opium” includes powdered or granulated opium but does not include medicinal opium.

Section 16.

SCHEDULE 3U.K. Tribunals, Advisory Bodies and Professional Panels

Part IU.K. Tribunals

MembershipU.K.

1(1)A tribunal shall consist of five persons of whom—U.K.

(a)one shall be

[F103(i)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;]

[F104(ii)an advocate or solicitor in Scotland of at least [F1055] years’ standing; or

(iii)a member of the Bar of Northern Ireland or [F106solicitor of the Court of Judicature of Northern Ireland] of at least [F1075] years’ standing,]

appointed by the Lord Chancellor to be the chairman of the tribunal; and

(b)the other four shall be persons appointed by the Secretary of State from among members of the respondent’s profession nominated for the purposes of this Schedule by any of the relevant bodies mentioned in sub-paragraph (2) below.

(2)The relevant bodies aforesaid are—

(a)where the respondent is a doctor, the General Medical Council, the Royal Colleges of Physicians of London and Edinburgh, the Royal Colleges of Surgeons of England and Edinburgh, the Royal College of Physicians and Surgeons (Glasgow), the Royal College of Obstetricians and Gynaecologists, the Royal College of General Practitioners, the Royal Medico-Psychological Association and the British Medical Association;

(b)where the respondent is a dentist, the General Dental Council and the British Dental Association;

(c)where the respondent is a veterinary practitioner or veterinary surgeon, the Royal College of Veterinary Surgeons and the British Veterinary Association.

[F108(2A)The chairman of a tribunal shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).]

(3)Sub-paragraph (1) above shall have effect in relation to a tribunal in Scotland as if for the reference to the Lord Chancellor there were substituted as reference to the Lord President of the Court of Session.

Textual Amendments

F105Word in Sch. 3 para. 1(1)(a)(ii) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 10(3); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F107Word in Sch. 3 para. 1(1)(a)(iii) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 10(3); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F108Sch. 3 Pt. I para. 1(2A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 42(2) (with sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2

Modifications etc. (not altering text)

C1Sch. 3 para. 1(1)(b): Functions transferred (S.) (1.7.1999) by virtue of S.I. 1999/1750, art. 2, Sch. 1 (with art. 7)

ProcedureU.K.

2U.K.The quorum of a tribunal shall be the chairman and two other members of the tribunal.

3U.K.Proceedings before a tribunal shall be held in private unless the respondent requests otherwise and the tribunal accedes to the request.

4(1)Subject to paragraph 5 below, the Lord Chancellor may make rules as to the procedure to be followed, and the rules of evidence to be observed, in proceedings before tribunals, and in particular—U.K.

(a)for securing that notice that the proceedings are to be brought shall be given to the respondent at such time and in such manner as may be specified by the rules;

(b)for determining who, in addition to the respondent, shall be a party to the proceedings;

(c)for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the tribunal;

(d)for enabling any party to the proceedings to be represented by counsel or solicitor.

(2)Sub-paragraph (1) above shall have effect in relation to a tribunal in Scotland as if for the reference to the Lord Chancellor there were substituted a reference to the Secretary of State.

(3)The power to make rules under this paragraph shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F109(4)Where the Scottish Ministers have power to make rules under this paragraph (by virtue of section 16(1A) or otherwise)—

(a)sub-paragraph (3) does not apply, and

(b)the rules are subject to the negative procedure.]

Textual Amendments

Modifications etc. (not altering text)

C2Sch. 3 para. 4: Functions transferred (S.) (1.7.1999) by virtue of S.I. 1999/1750, art. 2, Sch. 1 (with art. 7)

5(1)For the purpose of any proceedings before a tribunal in England or Wales or Northern Ireland the tribunal may administer oaths and any party to the proceedings may sue out writs of subpoena ad testificandum and duces tecum, but no person shall be compelled under any such writ to give any evidence or produce any document which he could not be compelled to give or produce on the trial of an action.U.K.

(2)The provisions of section [F11036 of the [F111Senior Courts Act 1981]] [F112, of section 67 of the Judicature (Northern Ireland) Act 1978], or of the Attendance of Witnesses Act 1854 (which provide special procedures for the issue of such writs so as to be in force throughout the United Kingdom) shall apply in relation to any proceedings before a tribunal in England or Wales or, as the case may be, in Northern Ireland as those provisions apply in relation to causes or matters in the High Court or actions or suits pending in the High Court of Justice in Northern Ireland.

(3)For the purpose of any proceedings before a tribunal in Scotland, the tribunal may administer oaths and the Court of Session shall on the application of any party to the proceedings have the like power as in any action in that court to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the tribunal.

Textual Amendments

F111Words in Sch. 3 para. 5(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

6U.K.Subject to the foregoing provisions of this Schedule, a tribunal may regulate its own procedure.

7U.K.The validity of the proceedings of a tribunal shall not be affected by any defect in the appointment of a member of the tribunal or by reason of the fact that a person not entitled to do so took part in the proceedings.

Financial provisionsU.K.

8U.K.The Secretary of State may pay to any member of a tribunal fees and travelling and other allowances in respect of his services in accordance with such scales and subject to such conditions as the Secretary of State may determine with the approval of the Treasury.

9U.K.The Secretary of State may pay to any person who attends as a witness before the tribunal sums by way of compensation for the loss of his time and travelling and other allowances in accordance with such scales and subject to such conditions as may be determined as aforesaid.

10U.K.If a tribunal recommends to the Secretary of State that the whole or part of the expenses properly incurred by the respondent for the purposes of proceedings before the tribunal should be defrayed out of public funds, the Secretary of State may if he thinks fit make to the respondent such payments in respect of those expenses as the Secretary of State considers appropriate.

11U.K.Any expenses incurred by a tribunal with the approval of the Secretary of State shall be defrayed by the Secretary of State.

SupplementalU.K.

12U.K.The Secretary of State shall make available to a tribunal such accommodation, the services of such officers and such other facilities as he considers appropriate for the purpose of enabling the tribunal to perform its functions.

Part IIU.K. Advisory Bodies

MembershipU.K.

13(1)An advisory body shall consist of three persons of whom—U.K.

(a)one shall be a person who is of counsel to Her Majesty and is appointed by the Lord Chancellor to be the chairman of the advisory body; and

(b)another shall be a person appointed by the Secretary of State, being a member of the respondent’s profession who is an officer of a department of the Government of the United Kingdom; and

(c)the other shall be a person appointed by the Secretary of State from among the members of the respondent’s profession nominated as mentioned in paragraph 1 above.

[F113(1A)The chairman of an advisory body shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).]

(2)Sub-paragraph (1) above shall have effect in relation to an advisory body in Scotland as if for the reference to the Lord Chancellor there were substituted a reference to the Lord President of the Court of Session.

Textual Amendments

Modifications etc. (not altering text)

C4Sch. 3 para. 13(1)(b): Functions transferred (S.) (1.7.1999) by virtue of S.I. 1999/1750, art. 2, Sch. 1 (with art. 7)

ProcedureU.K.

14U.K.The respondent shall be entitled to appear before and be heard by the advisory body either in person or by counsel or solicitor.

15U.K.Subject to the provisions of this Part of this Schedule, an advisory body may regulate its own procedure.

Application of provisions of Part IU.K.

16U.K.Paragraphs 3, 7, 8 and 10 to 12 of this Schedule shall apply in relation to an advisory body as they apply in relation to a tribunal.

Part IIIU.K. Professional Panels

MembershipU.K.

17U.K.A professional panel shall consist of a chairman and two other persons appointed by the Secretary of State from among the members of the respondent’s profession after consultation with such one or more of the relevant bodies mentioned in paragraph 1(2) above as the Secretary of State considers appropriate.

Modifications etc. (not altering text)

C5Sch. 3 para. 17: Functions transferred (S.) (1.7.1999) by virtue of S.I. 1999/1750, art. 2, Sch. 1 (with art. 7)

ProcedureU.K.

18U.K.The respondent shall be entitled to appear before, and be heard by, the professional panel either in person or by counsel or solicitor.

19U.K.Subject to the provisions of this Part of this Schedule, a professional panel may regulate its own procedure.

Application of provisions of Part IU.K.

20U.K.Paragraphs 3, 7 and 8 of this Schedule shall apply in relation to a professional panel as they apply in relation to a tribunal.

Part IVU.K. Application of Parts I to III to Northern Ireland

21U.K.In the application of Parts I to III of this Schedule to Northern Ireland the provisions specified in the first column of the following Table shall have effect subject to the modifications specified in relation thereto in the second column of that Table.

TABLE

Provision of this ScheduleModification
Paragraph 1In sub-paragraph (1), for the references to [F114any reference to ] the Secretary of State there shall be substituted [F115a reference to] the Minister of Home Affairs for Northern Ireland [F116and for any reference to the Lord Chancellor there shall be substituted a reference to the Northern Ireland Judicial Appointments Commission] .
Paragraph 4In sub-paragraph (1), for the reference to the Lord Chancellor there shall be substituted a reference to the Ministry of Home Affairs for Northern Ireland.
For sub-paragraph (3) there shall be substituted—
“(3) Any rules made under this paragraph by the Ministry of Home Affairs for Northern Ireland shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.”
Paragraphs 8 to 12For the references to the Secretary of State and the Treasury there shall be substituted respectively references to the Ministry of Home Affairs for Northern Ireland and the Ministry of Finance for Northern Ireland.
Paragraph 13In sub-paragraph (1)—
(a) for the references to [F117any reference to the] Secretary of State there shall be substituted [F118a reference to] the Minister of Home Affairs for Northern Ireland [F119and for any reference to the Lord Chancellor there shall be substituted a reference to the Department of Justice in Northern Ireland] ; and
(b) for the reference to a department of the Government of the United Kingdom there shall be substituted a reference to a department of the Government of Northern Ireland.
Paragraph 16The references to paragraphs 8 and 10 to 12 shall be construed as references to those paragraphs as modified by this Part of this Schedule.
Paragraph 17For the reference to the Secretary of State there shall be substituted a reference to the Minister of Home Affairs for Northern Ireland.
Paragraph 20The reference to paragraph 8 shall be construed as a reference to that paragraph as modified by this Part of this Schedule.
[F120 

After sub-paragraph (2) there shall be inserted—

“(3)The [F121Department of Justice in Northern Ireland] must obtain the concurrence of the Lord Chief Justice of Northern Ireland before exercising his functions under sub-paragraph (1)(a).

(4)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (3)

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).”]

Textual Amendments

Modifications etc. (not altering text)

C6Functions of Ministry of Home Affairs for Northern Ireland transferred to Department of Health and Social Services for Northern Ireland by S.R. & O. (N.I.) 1973 No. 504, art. 5, Sch. 2 Pt. I

Section 25.

Schedule 4U.K. Prosecution and Punishment of Offences

Modifications etc. (not altering text)

C7Sch. 4: power to amend column 5 or 6 conferred (S.) (1.4.1996) by 1995 c. 46, s. 225(5)(d)

C8Sch. 4: power to amend conferred (N.I.) (3.2.1995) by S.I. 1984/703 (N.I. 3), art. 17(2)(k) (as inserted by 1994 c. 33, s. 157(8); S.I. 1995/127, art. 2(1), Sch. 1)

Section Creation OffenceGeneral Nature of OffenceMode of ProsecutionPunishment
Class A drug involvedClass B drug involvedClass C drug involvedGeneral
Section 4(2)Production, or being concerned in the production, of a controlled drug.(a) Summary[F12212 months ][F1226 months] or [F123the prescribed sum], or both.[F12212 months ][F1226 months] or [F123the prescribed sum], or both.[F1243 months or [F125£2,500], or both].
(b) On indictment[F126Life] or a fine, or both.14 years or a fine, or both. [F12714 years] or a fine, or both.
Section 4(3)Supplying or offering to supply a controlled drug or being concerned in the doing of either activity by another.(a) Summary[F12212 months ][F1226 months] or [F123the prescribed sum], or both.[F12212 months ][F1226 months] or [F123the prescribed sum], or both.[F1243 months or [F125£2,500], or both].
(b) On indictment[F126Life] or a fine, or both.14 years or a fine, or both. [F12814 years] or a fine, or both.
Section 5(2)Having possession of a controlled drug.(a) Summary[F12212 months ][F1226 months] or [F123the prescribed sum], or both.[F1293 months or [F125£2,500], or both].[F1293 months or [F125£1,000], or both].
(b) On indictment7 years or a fine, or both.5 years or a fine, or both.2 years or a fine, or both.
Section 5(3)Having possession of a controlled drug with intent to supply it to another.(a) Summary[F12212 months ][F1226 months] or [F123the prescribed sum], or both.[F12212 months ][F1226 months] or [F123the prescribed sum], or both.[F1303 months or [F131£2,500], or both].
(b) On indictment[F132Life] or a fine, or both.14 years or a fine, or both. [F13314 years ] or a fine, or both.
Section 6(2)Cultivation of cannabis plant.(a) Summary[F12212 months ][F1226 months] or [F123the prescribed sum], or both.
(b) On indictment14 years or a fine, or both.
Section 8Being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there.(a) Summary[F12212 months ][F1226 months] or [F123the prescribed sum], or both.[F12212 months ][F1226 months] or [F123the prescribed sum], or both.[F1343 months or [F125£2,500], or both].
(b) On indictment14 years or a fine, or both.14 years or a fine, or both. [F13514 years] or a fine, or both.
Section 9Offences relating to opium.(a) Summary[F12212 months ][F1226 months] or [F123the prescribed sum], or both.
On indictment14 years or a fine, or both.
[F136Section 9A.][F136Prohibition of supply etc. of articles for administering or preparing comtrolled drugs.][F136Summary][F1366 months or level 5 on the standard scale, or both.]
Section 11(2)Contravention of directions relating to safe custody of controlled drugs.(a) summary6 months or [F123the prescribed sum], or both.
(b) On indictment2 years or a fine, or both.
Section 12(6)Contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs.(a) Summary[F12212 months ][F1226 months] or [F123the prescribed sum], or both.[F12212 months ][F1226 months] or [F123the prescribed sum], or both.[F1373 months or [F125£2,500], or both].
(b) On indictment14 years or a fine, or both.14 years or a fine, or both. [F13814 years] or a fine, or both.
Section 13(3)Contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs.(a) Summary[F12212 months ][F1226 months] or [F123the prescribed sum], or both.[F12212 months ][F1226 months] or [F123the prescribed sum], or both.[F1373 months or [F125£2,500], or both].
(b) On indictment14 years or a fine, or both.14 years or a fine, or both. [F13914 years ] or a fine, or both.
Section 17(3)Failure to comply with notice requiring information relating to prescribing, supply etc. of drugs.Summary[F140level 3 on the standard scale].
Section 17(4)Giving false information in purported compliance with notice requiring information relating to prescribing, supply etc. of drugs.(a) Summary6 months or [F123the prescribed sum], or both.
(b) On indictment2 years or afine, or both.
Section 18(1)Contravention of regulations (other than regulations relating to addicts).(a) Summary6 months or [F123the prescribed sum], or both
(b) On indictment2 years or a fine, or both.
Section 18(2)Contravention of terms of licence or other authority (other than licence issued under regulations relating to addicts).(a) Summary6 months or [F123the prescribed sum], or both
(b) On indictment2 years or a fine, or both.
Section 18(3)Giving false information in purported compliance with obligation to give information imposed under or by virtue of regulations.(a) Summary6 months or [F123the prescribed sum], or both
(b) On indictment2 years or a fine, or both.
Section 18(4)Giving false information, or producing document etc. containing false statement etc., for purposes of obtaining issue or renewal of a licence or other authority.(a) Summary6 months or [F123the prescribed sum], or both
(b) On indictment2 years or a fine, or both.
Section 20Assisting in or inducing commission outside United Kingdom of an offence punishable under a corresponding law.(a) Summary[F12212 months ][F1226 months] or [F123the prescribed sum], or both
(b) On indictment14 years or a fine, or both.
Section 23(4)Obstructing exercise of powers of search etc. or concealing books, drugs etc.(a) Summary6 months or [F123the prescribed sum], or both
(b) On indictment2 years or a fine, or both.

Textual Amendments

F122Words in Sch. 4 substituted (N.I.) by S.I. 1984/703, (N.I. 3), art. 4, Sch. 1 para. 1(c)

F123Sch. 4: the maximum fine which may be imposed on summary conviction shall be the prescribed sum by virtue of Magistrates' Courts Act 1980 (c. 43), s. 32(2)

F125Sch. 4: Words substituted (3.2.1995) by 1994 c. 33, s. 157(2)(9), Sch. 8 Pt. II; S.I. 1995/127, art. 2(1), Sch. 1

F131Word in Sch. 4 substituted (3.2.1995) by 1994 c. 33, s. 157(2)(9), Sch. 8 Pt. II; S.I 1995/127, art. 2(1)

Section 39.

SCHEDULE 5U.K. Savings and Transitional Provisions

1(1)Any addiction regulations which could have been made under this Act shall not be invalidated by any repeal effected by this Act but shall have effect as if made under the provisions of this Act which correspond to the provisions under which the regulations were made; and the validity of any licence issued under any such addiction regulations shall not be affected by any such repeal.U.K.

(2)Any order, rule or other instrument or document whatsoever made or issued, any direction given, and any other thing done, under or by virtue of any of the following provisions of the Dangerous Drugs Act 1967, that is to say section 1(2), 2 or 3 or the Schedule, shall be deemed for the purposes of this Act to have been made, issued or done, as the case may be, under the corresponding provision of this Act; and anything begun under any of the said provisions of that Act may be continued under this Act as if begun under this Act.

(3)In this paragraph “addiction regulations” means any regulations made under section 11 of the Dangerous Drugs Act 1965 which include provision for any of the matters for which regulations may be so made by virtue of section 1(1) of the Dangerous Drugs Act 1967.

2U.K.As from the coming into operation of section 3 of this Act any licence granted for the purpose of section 5 of the Drugs (Prevention of Misuse) Act 1964 or sections 2, 3 or 10 of the Dangerous Drugs Act 1965 shall have effect as if granted for the purposes of section 3(2) of this Act.

3(1)The Secretary of State may at any time before the coming into operation of section 12 of this Act give a direction under subsection (2) of that section in respect of any practitioner or pharmacist whose general authority under the Dangerous Drugs Regulations is for the time being withdrawn; but a direction given by virtue of this sub-paragraph shall not take effect until section 12 comes into operation, and shall not take effect at all if the general authority of the person concerned is restored before that section comes into operation.U.K.

(2)No direction under section 12(2) of this Act shall be given by virtue of sub-paragraph (1) above in respect of a person while the withdrawal of his general authority under the Dangerous Drugs Regulations is suspended; but where, in the case of any practitioner or pharmacist whose general authority has been withdrawn, the withdrawal is suspended at the time when section 12 comes into operation, the Secretary of State may at any time give a direction under section 12(2) in respect of him by virtue of this sub-paragraph unless the Secretary of State has previously caused to be served on him a notice stating that he is no longer liable to have such a direction given in respect of him by virtue of this sub-paragraph.

(3)In this paragraph “the Dangerous Drugs Regulations” means, as regards Great Britain, the Dangerous Drugs (No. 2) Regulations 1964 or, as regards Northern Ireland, the Dangerous Drugs Regulations (Northern Ireland) 1965.

4U.K.Subject to paragraphs 1 to 3 above, and without prejudice to the generality of section 31(1)(c) of this Act, regulations made by the Secretary of State under any provision of this Act may include such provision as the Secretary of State thinks fit for effecting the transition from any provision made by or by virtue of any of the enactments repealed by this Act to any provision made by or by virtue of this Act, and in particular may provide for the continuation in force, with or without modifications, of any licence or other authority issued or having effect as if issued under or by virtue of any of those enactments.

5U.K.For purposes of the enforcement of the enactments repealed by this Act as regards anything done or omitted before their repeal, any powers of search, entry, inspection, seizure or detention conferred by those enactments shall continue to be exercisable as if those enactments were still in force.

6U.K.The mention of particular matters in this Schedule shall not prejudice the general application of [F141section 16 of the Interpretation Act 1978] with regard to the effect of repeals.

Textual Amendments

F141Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Section 39.

SCHEDULE 6U.K. Repeals.

Modifications etc. (not altering text)

C9The text of ss. 12(7), 39(2) and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

ChapterShort TitleExtent of Repeal
1964 c. 64.The Drugs (Prevention of Misuse) Act 1964.The whole Act.
1965 c. 15.The Dangerous Drugs Act 1965.The whole Act.
1967 c. 82.The Dangerous Drugs Act 1967.The whole Act.
1968 c. 59.The Hovercraft Act 1968.Paragraph 6 of the Schedule.
1968 c. 67.The Medicines Act 1968.In Schedule 5, paragraphs 14 and 15.