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Misuse of Drugs Act 1971

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[F12ATemporary class drug ordersE+W+S+N.I.

(1)The Secretary of State may make an order (referred to in this Act as a “temporary class drug order”) specifying any substance or product as a drug subject to temporary control if the following two conditions are met.

(2)The first condition is that the substance or product is not a Class A drug, a Class B drug or a Class C drug.

(3)The second condition is that—

(a)the Secretary of State has consulted in accordance with section 2B and has determined that the order should be made, or

(b)the Secretary of State has received a recommendation under that section that the order should be made.

(4)The Secretary of State may make the determination mentioned in subsection (3)(a) only if it appears to the Secretary of State that—

(a)the substance or product is a drug that is being, or is likely to be, misused, and

(b)that misuse is having, or is capable of having, harmful effects.

(5)A substance or product may be specified in a temporary class drug order by reference to—

(a)the name of the substance or product, or

(b)a description of the substance or product (which may take such form as the Secretary of State thinks appropriate for the purposes of the specification).

(6)A substance or product specified in a temporary class drug order as a drug subject to temporary control ceases to be a controlled drug by virtue of the order—

(a)at the end of one year beginning with the day on which the order comes into force, or

(b)if earlier, upon the coming into force of an Order in Council under section 2(2) by virtue of which the substance or product is specified in Part 1, 2 or 3 of Schedule 2.

(7)Subsection (6)—

(a)is subject to subsection (10), and

(b)is without prejudice to the power of the Secretary of State to vary or revoke a temporary class drug order by a further order.

(8)The power of the Secretary of State to make an order under this section is subject to section 2B.

(9)An order under this section is to be made by statutory instrument.

(10)An order under this section—

(a)must be laid before Parliament after being made, and

(b)ceases to have effect at the end of the period of 40 days beginning with the day on which the order is made unless before the end of that period the order is approved by a resolution of each House of Parliament.

(11)In calculating that period of 40 days no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(12)Subsection (10)(b)—

(a)is without prejudice to anything previously done or to the power of the Secretary of State to make a new order under this section;

(b)does not apply to an order that only revokes a previous order under this section.]

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