30th May 1991
Laid before Parliament
7th June 1991
Coming into force
1st July 1991
1.—(1) These Regulations may be cited as the Controlled Drugs (SubstancesUseful for Manufacture) Regulations 1991 and shall come into force on1st July 1991.
(2) These Regulations are made under section 2(2) of the 1972 Act andsection 13 of the 1990 Act, subject to the following exceptions:
(a)regulations 3 to 6 are made under section 2(2) of the 1972 Actalone; and
(b)regulation 7 is made under section 13 of the 1990 Act alone.
2. In these Regulations:
“the 1972 Act” means the European Communities Act 1972;
“the 1979 Act” means the Customs and Excise Management Act 1979(3);
“the 1990 Act” means the Criminal Justice (International Co-operation) Act 1990;
3. Subject to regulations 4 and 6 below:
(a)the obligations imposed on operators by Articles 2(2) and (3), 4 and5 of the Community Regulation and by virtue of regulation 5 below shallbe treated as if they were requirements imposed on them by regulationsmade under section 13(1) of the 1990 Act; and
(b)section 13(2) of the 1990 Act shall apply for the purposes of theseRegulations as if the reference in that subsection to the requisitenotification were a reference to notification in accordance with Article4 of the Community Regulation, and as if the references in paragraph (a)of that subsection to Schedule 2 to the 1990 Act and to such countriesas may be specified in the regulations were references to the Annex tothe Community Regulation and to any country outside the EuropeanEconomic Community, respectively.
4. In Article 4 of the Community Regulation:
(a)the words“the competent authorities of the Member State” shall be taken as a reference to the Secretary of State; and
(b)the period referred to by the words“15 working days” shall be taken to exclude Saturdays, Sundays, Christmas Day, GoodFriday and any day which, under the Banking and Financial Dealings Act1971(5), is a bank holiday in England and Wales.
5.—(1) An operator who is concerned in an export, import or transitoperation involving a scheduled substance shall ensure that he has thedocumentation required by Article 2(1) of the Community Regulation.
In this paragraph,“export”,“import”,“scheduled substance” and“transit” have the same meanings as in the Community Regulation.
(2) The obligations imposed by Article 2(4) of the Community Regulationshall be complied with by the operator mentioned in paragraph (1) ofthis regulation, and in that Article the words“the competent authorities” shall be taken as a reference to the Secretary of State.
6. Where a person is convicted of an offence contrary to section 68 ofthe 1979 Act or section 13(5) of the 1990 Act as a result of theapplication of regulation 3 above:
(a)section 68(1)(6) of the 1979 Act shall have effect as if after the word“greater” there were added the words“but not exceeding the statutory maximum”;
(b)section 68(3)(a) of the 1979 Act shall have effect as if after theword“greater” there were added the words“but not exceeding the statutory maximum”, and for the words“6 months” there were substituted the words“3 months”;
(c)section 68(3)(b)(7) of the 1979 Act shall have effect as if for the words“7 years” there were substituted the words“2 years”;
(d)section 13(5)(a) of the 1990 Act shall have effect as if for thewords“6 months” there were substituted the words“3 months”.
7. A person who produces or supplies a scheduled substance specified inTable 1 in Schedule 2 to the 1990 Act shall:
(a)make a record of each quantity of such scheduled substance producedor supplied by him, as the case may be; and
(b)preserve all records made under this regulation for a period of notless than two years from the end of the calendar year in which theproduction or supply, as the case may be, took place.
In this regulation,“produce” and“supply” have the same meanings as in the Misuse of Drugs Act 1971(8).
One of Her Majesty’s Principal Secretaries of State
(This note is not part of the Regulations)
These Regulations, subject to one exception referred to below,implement Council Regulation (EEC) 3677/90 (“the Community Regulation”). The Community Regulation requires Member States to adopt withinthe framework of their domestic law the measures necessary to enable thecompetent authorities (in the United Kingdom, this phrase refers to theSecretary of State)to obtain information on any orders for or operations involvingscheduled substances (substances useful for the manufacture ofcontrolled drugs)and to enter operators' business premises to obtain evidence ofirregularities. It also requires Member States to determine thepenalties to be applied for infringement of the provisions of theCommunity Regulation.
The Community Regulation itself provides for the documentation,recording and labelling of scheduled substances. It also requires thatthe proposed exportation of certain scheduled substances is notified tothe competent authorities in advance of such exportation.
These Regulations provide that requirements of the CommunityRegulation are to be treated as if they were requirements ofregulations made under section 13(1) of the Criminal Justice (InternationalCo-operation) Act 1990 (“the 1990 Act”). Section 23 of the 1990 Act provides for rights of entry andsearch of premises in order to investigate suspected breaches ofregulations made under section 13(1) of that Act. The 1990 Act alsoprovides for penalties for breaches of such Regulations. TheseRegulations therefore enable breaches of the Community Regulation to beinvestigated and penalised within the framework of the 1990 Act, exceptthat the penalties for breaches of the Community Regulation are incertain respects lower than those provided for under the 1990 Act.
Regulation 7 of these Regulations does not implement the CommunityRegulation and is made under section 13(1) of the 1990 Act alone. Itprovides for the recording of the production and supply of scheduledsubstances. The penalty for breach of this regulation is that providedfor under the 1990 Act.
Section 68(1) was amended by virtue of the CriminalJustice Act 1982 (c. 48), sections 38 and 46.
Section 68(3)(b) was amended by the Finance Act 1988(c.39), section 12(1)(a).
OJ No. L 397, 20.12.90, p.1.