Misuse of Drugs Act 1971

13 Directions prohibiting prescribing, supply etc. of controlled drugs by practitioners in other cases. U.K.

(1) In the event of a contravention by a doctor of regulations made in pursuance of paragraph (h) or (i) of section 10(2) of this Act [F1 or of corresponding provision made in a temporary class drug order] , or of the terms of a licence issued under regulations made in pursuance of the said paragraph (i) [F2 or of any such corresponding provision ] , the Secretary of State may, subject to and in accordance with section 14 of this Act, give a direction in respect of the doctor concerned prohibiting him from prescribing, administering and supplying and from authorising the administration and supply of such controlled drugs as may be specified in the direction.

[F3 (1A) For the purposes of subsection (1), provision made in a temporary class drug order is “corresponding provision” if it—

(a) is made by virtue of section 7A(2)(d), and

(b) is of a corresponding description to regulations made in pursuance of section 10(2)(h) or (as the case may be) 10(2)(i).]

[F4 (1B) In relation to regulations made in pursuance of section 10(2)(i) or to a licence under those regulations, the reference in subsection (1) to the Secretary of State is to be read as a reference to the appropriate authority.

(1C) The appropriate authority for the purposes of subsection (1B) is—

(a) in relation to a contravention taking place in Scotland, the Scottish Ministers;

(b) otherwise, the Secretary of State.]

(2) If the Secretary of State is of the opinion that a practitioner is or has after the coming into operation of this subsection been prescribing, administering or supplying or authorising the administration or supply of any controlled drugs in an irresponsible manner, the Secretary of State may, subject to and in accordance with section 14 or 15 of this Act, give a direction in respect of the practitioner concerned prohibiting him from prescribing, administering and supplying and from authorising the administration and supply of such controlled drugs as may be specified in the direction.

(3) A contravention such as is mentioned in subsection (1) above does not as such constitute an offence, but it is an offence to contravene a direction given under subsection (1) or (2) above.

Textual Amendments

F1 Words in s. 13(1) inserted (15.11.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 17 para. 12(2)(a); S.I. 2011/2515, art. 3(g)

F2 Words in s. 13(1) inserted (15.11.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 17 para. 12(2)(b); S.I. 2011/2515, art. 3(g)

F3 S. 13(1A) inserted (15.11.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 17 para. 12(3); S.I. 2011/2515, art. 3(g)

F4 S. 13(1B)(1C) inserted (31.10.2012) by Scotland Act 2012 (c. 11), ss. 19(3), 44(5); S.I. 2012/2516, art. 2(d)

Modifications etc. (not altering text)

C1 S. 13(3) saved by (E.W.) Criminal Law Act 1977 (c. 45), Sch. 5 para. 1(2)(b)(vi) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 7B para. 1(2)(b)(vi)