The Misuse of Drugs (Amendment) Regulations 1996

Statutory Instruments

1996 No. 1597

DANGEROUS DRUGS

The Misuse of Drugs (Amendment) Regulations 1996

Made

19th June 1996

Laid before Parliament

27th June 1996

Coming into force

1st September 1996

The Secretary of State in pursuance of sections 7, 22 and 31 of the Misuse of Drugs Act 1971(1), after consultation with the Advisory Council on the Misuse of Drugs, hereby makes the following Regulations:

1.  These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 1996 and shall come into force on 1st September 1996.

2.—(1) The Misuse of Drugs Regulations 1985(2) shall be amended as follows.

(2) In that part of the index to the regulations headed “SCHEDULES”, after the entry in respect of SCHEDULE 3, there shall be inserted—

• “SCHEDULE 4 Part I Controlled drugs excepted from the prohibition on possession when in the form of a medicinal product; excluded from the application of offences arising from the prohibition on importation and exportation when imported or exported in the form of a medicinal product by any person for administration to himself; and subject to the requirements of regulations 22, 23, 25 and 26.”.

• and after the existing words “SCHEDULE 4”there shall be inserted the words “Part II”.

(3) In regulation 4(1), there shall be substituted for the words “Schedules 4 and 5”the words “Part II of Schedule 4 and Schedule 5”.

(4) After regulation 4(1), there shall be inserted—

“(1A) The application of section 3(1) of the Act in so far as it creates an offence and of sections 50(1) to (4), 68(2) and (3) or 170 of the Customs and Excise Management Act 1979(3) in so far as they apply in relation to a prohibition or restriction on importation or exportation having effect by virtue of section 3 of the Act, are hereby excluded in the case of importation or exportation by any person for administration to himself of any drug specified in Part I of Schedule 4 which is contained in a medicinal product.”.

(5) After Schedule 3 there shall be inserted—

Regulation 3

“SCHEDULE 4

PART I CONTROLLED DRUGS EXCEPTED FROM THE PROHIBITION ON POSSESSION WHEN IN THE FORM OF A MEDICINAL PRODUCT; EXCLUDED FROM THE APPLICATION OF OFFENCES ARISING FROM THE PROHIBITION ON IMPORTATION AND EXPORTATION WHEN IMPORTED OR EXPORTED IN THE FORM OF A MEDICINAL PRODUCT BY ANY PERSON FOR ADMINISTRATION TO HIMSELF; AND SUBJECT TO THE REQUIREMENTS OF REGULATIONS 22, 23, 25 AND 26.

1.   The following substances, namely—

• Atamestane

• Bolandiol

• Bolasterone

• Bolazine

• Boldenone

• Bolenol

• Bolmantalate

• Calusterone

• 4-Chloromethandienone

• Clostebol

• Drostanolone

• Enestebol

• Ethyloestrenol

• Epitiostanol

• Fluoxymesterone

• Formebolone

• Furazabol

• Mebolazine

• Mepitiostane

• Mesabolone

• Mestanolone

• Mesterolone

• Methandienone

• Methandriol

• Methenolone

• Methyltestosterone

• Metribolone

• Mibolerone

• Nandrolone

• Norboletone

• Norclostebol

• Norethandrolone

• Ovandrotone

• Oxabolone

• Oxandrolone

• Oxymesterone

• Oxymetholone

• Prasterone

• Propetandrol

• Quinbolone

• Roxibolone

• Silandrone

• Stanolone

• Stanozolol

• Stenbolone

• Testosterone

• Thiomesterone

• Trenbolone

2.   Any compound (not being Trilostane or a compound for the time being specified in paragraph 1 of this Part of this Schedule) structurally derived from 17-hydroxyandrostan-3-one or from 17-hydroxyestran-3-one by modification in any of the following ways, that is to say,

(a) by further substitution at position 17 by a methyl or ethyl group;

(b) by substitution to any extent at one or more of positions 1, 2, 4, 6, 7, 9, 11 or 16, but at no other position;

(c) by unsaturation in the carbocyclic ring system to any extent, provided that there are no more than two ethylenic bonds in any one carbocyclic ring;

(d) by fusion of ring A with a heterocyclic system.

3.   Any substance which is an ester or ether (or, where more than one hydroxyl function is available, both an ester and an ether) of a substance specified in paragraph 1 or described in paragraph 2 of this Part of this Schedule.

4.   The following substances, namely—

• Chorionic Gonadotrophin (HCG)

• Clenbuterol

• Non-human chorionic gonadotrophin

• Somatotropin

• Somatrem

• Somatropin

5.   Any stereoisomeric form of a substance specified or described in any of paragraphs 1 to 4 of this Part of this Schedule.

6.   Any salt of a substance specified or described in any of paragraphs 1 to 5 of this Part of this Schedule.

7.   Any preparation of other product containing a substance or product specified or described in any of paragraphs 1 to 6 of this Part of this Schedule, not being a preparation specified in Schedule 5.”

(6) The existing Schedule 4 shall be renamed “SCHEDULE 4 PART II”.

Tom Sackville

Parliamentary Under-Secretary of State

Home Office

19th June 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Misuse of Drugs Regulations 1985 by adding a new Part I to Schedule 4 comprising a list of anabolic and androgenic steroids and derivatives; an andrenoceptor stimulant; and polypeptide hormones. These drugs became subject to control under the Misuse of Drugs Act 1971 by virtue of the Misuse of Drugs Act 1971 (Modification) Order 1996 (S.I. 1996/1300). The controls applied are the same as for drugs currently contained in Schedule 4 (now Schedule 4 Part II) except that the Schedule 4 Part I drugs are not exempted from the prohibition on importation or exportation in section 3 of the Act but the application of offences arising from the prohibition is excluded where the importation or exportation is in the form of a medicinal product by any person for administration to himself.

(1)

1971 c. 38.

(2)

S.I. 1985/2066 as amended by S.I. 1986/2330, 1988/916, 1989/1460, 1990/2630, 1995/2048 and 1995/3244.

(3)

1979 c. 2.