The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2010

Statutory Rules of Northern Ireland

2010 No. 149

Dangerous Drugs

The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2010

Made

12th April 2010

Coming into operation

16th April 2010

The Department of Health, Social Services and Public Safety makes the following Order in exercise of the powers conferred by sections 7(4) and (5) of the Misuse of Drugs Act 1971(1), as adapted by section 7(9) of the Act and now vested in it (2) and after consultation with the Advisory Council on the Misuse of Drugs in accordance with section 7(7) of that Act.

Citation and commencement N.I.

1.  This Order may be cited as the Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2010 and shall come into operation on 16th April 2010.

Commencement Information

I1 Art. 1 in operation at 16.4.2010, see art. 1

Interpretation N.I.

2.—(1) In this Order “the 2001 Order” means the Misuse of Drugs (Designation) Order (Northern Ireland) 2001(3).

(2) The Interpretation Act (Northern Ireland) 1954(4) shall apply to this Order as it applies to an Act of the Assembly.

Commencement Information

I2 Art. 2 in operation at 16.4.2010, see art. 1

Amendments to the 2001 Order N.I.

3.  In Part 1 of the Schedule to the 2001 Order—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) after paragraph 1(p), insert—

“(q) Any compound (not being bupropion, 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.”.

Textual Amendments

F1 Art. 3(a)(b) revoked (28.3.2011) by The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2011 (S.R. 2011/154), arts. 1, 4

Commencement Information

I3 Art. 3 in operation at 16.4.2010, see art. 1

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 12th April 2010

(L.S.)

Norman Morrow

A senior officer of the Department of Health, Social Services and Public Safety

EXPLANATORY NOTE

(This note is not part of the Order)

Section 7(3) of the Misuse of Drugs Act 1971 (“the 1971 Act”) requires regulations to be made to allow the use for medical purposes of the drugs which are subject to control under the 1971 Act. Section 7(3) does not apply to any drug designated by order under section 7(4) as a drug to which section 7(4) is to apply. This Order amends the Misuse of Drugs (Designation) Order (Northern Ireland) 2001 by inserting into Part 1 of the Schedule to that Order 4-Methylmethcathinone (commonly referred to as Mephedrone) and other cathinone derivatives.

(1)

1971 c.38

(2)

S.R. & O. (N.I.) 1973 No. 504, Article 5(a) and S.I.1999/283 (N.I. 1), Article 3(6)

(3)

S.R. 2001 No. 431. Relevant amending Orders are S.R. 2005 No. 359 and S.R. 2009 No. 389

(4)

1954 c.33 (N.I)