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Drug Trafficking Act 1994

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This is the original version (as it was originally enacted).

61Extension of certain offences to Crown servants and exemptions for regulators etc

(1)The Secretary of State may by regulations provide that, in such circumstances as may be prescribed, sections 49(2), 50 to 53 and 58 of this Act shall apply to such persons in the public service of the Crown, or such categories of person in that service, as may be prescribed.

(2)Section 52 of this Act shall not apply—

(a)to any person designated by regulations made by the Secretary of State for the purposes of this paragraph; or

(b)in such circumstances as may be prescribed, to any person who falls within such category of person as may be prescribed for the purposes of this paragraph.

(3)The Secretary of State may designate for the purposes of paragraph (a) of subsection (2) above any person appearing to him to be performing regulatory, supervisory, investigative or registration functions.

(4)The categories of person prescribed by the Secretary of State for the purposes of paragraph (b) of subsection (2) above shall be such categories of person connected with the performance by any designated person of regulatory, supervisory, investigative or registration functions as he considers it appropriate to prescribe.

(5)In this section—

  • “the Crown” includes the Crown in right of Her Majesty’s Government in Northern Ireland; and

  • “prescribed” means prescribed by regulations made by the Secretary of State.

(6)Any power to make regulations under this section shall be exercisable by statutory instrument.

(7)Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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