The Misuse of Drugs (Amendment) (No. 2) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Misuse of Drugs Regulations 2001. Regulation 2(2) inserts regulation 6A which provides that practitioners, pharmacists and persons employed or engaged in the lawful provision of drug treatment services may, where the articles detailed in regulation 6A(1)(a)–(e) are believed to be used for the purposes of administering or preparing controlled drugs, lawfully supply or offer to supply these articles. Ampoules of water for injection are a prescription only medicine and may only be supplied in accordance with the Medicines Act 1968 and any instrument which is in force thereunder. The current instrument is the Prescription Only Medicines (Human Use) Order 1997(1).

The supply or offer of supply of any of the articles detailed in this regulation by persons other than practitioners, pharmacists and persons employed or engaged in the lawful provision of drug treatment services, remains an offence under sections 9A(1) and (3) of the Misuse of Drugs Act 1971.

Paragraphs (3), (4) and (5) of regulation 2 correct errors in the Misuse of Drugs Regulations 2001.

(1)

S.I. 1997/1830, amended by S.I. 1997/2044, S.I. 1998/108, S.I. 1998/1178, S.I. 1998/2081, S.I. 1999/1044, S.I. 1999/3463, S.I. 2000/1917, S.I. 2000/2899, S.I. 2000/3231, S.I. 2001/2777, S.I. 2001/3942, S.I. 2002/549, S.I. 2003/696.