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The Misuse of Drugs Act 1971 (Amendment) Order 2011

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Statutory Instruments

2011 No. 744

Dangerous Drugs

The Misuse of Drugs Act 1971 (Amendment) Order 2011

Made

16th March 2011

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 16th day of March 2011

Present,

The Queen’s Most Excellent Majesty in Council

In accordance with section 2(5) of the Misuse of Drugs Act 1971(1) a draft of this Order has been laid before Parliament on the recommendation of the Advisory Council on the Misuse of Drugs and approved by a resolution of each House of Parliament.

Accordingly, Her Majesty, in exercise of the powers conferred upon Her by section 2(2) of that Act, is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Misuse of Drugs Act 1971 (Amendment) Order 2011 and shall come into force on the twelfth day after the day on which it is made.

(2) In this Order “the 1971 Act” means the Misuse of Drugs Act 1971.

Amendments to the 1971 Act

2.  In Part 1 of Schedule 2 to the 1971 Act (which specifies the drugs which are subject to control under that Act as Class A drugs) in paragraph 1(a), after “Sufentanil.”, insert—

“Tapentadol.”.

3.  In Part 2 of Schedule 2 to the 1971 Act (which specifies the drugs which are subject to control under that Act as Class B drugs) in paragraph 1(a) omit “4‑Methylmethcathinone”.

4.  In Part 3 of Schedule 2 to the 1971 Act (which specifies the drugs which are subject to control under that Act as Class C drugs) in paragraph 1(a), after “Alprazolam”, insert—

“Amineptine”.

Revocation

5.  Paragraph (a) of article 2 of the Misuse of Drugs Act 1971 (Amendment) Order 2010(2) (which inserts 4‑Methylmethcathinone in paragraph 1(a) of Part 2 of Schedule 2 to the 1971 Act) is revoked.

Judith Simpson

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order adds Tapentadol to Part 1 of Schedule 2 to the Misuse of Drugs Act 1971 (the “1971 Act”) which specifies drugs which are subject to control as Class A drugs under that Act, and adds Amineptine to Part 3 of Schedule 2 to the 1971 Act which specifies drugs which are subject to control as Class C drugs under that Act. This Order also removes 4‑Methylmethcathinone from paragraph 1(a) of Part 2 of Schedule 2 to the 1971 Act which specifies drugs which are subject to control as Class B drugs under that Act – 4‑Methylmethcathinone will though fall within paragraph 1(aa) - and revokes paragraph (a) of article 2 of the Misuse of Drugs Act 1971 (Amendment) Order 2010.

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