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The Misuse of Drugs (Amendment No.4) Regulations (Northern Ireland) 2014

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Statutory Rules of Northern Ireland

2014 No. 288

Dangerous Drugs

The Misuse of Drugs (Amendment No.4) Regulations (Northern Ireland) 2014

Made

20th November 2014

Coming into operation

11th December 2014

The Department of Health, Social Services and Public Safety makes the following Regulations in exercise of the powers conferred by sections 7,10, 22 and 31 of the Misuse of Drugs Act 1971 (1) as adapted by sections 7(9), 31(4) and 38 of that Act and now vested in it (2) and after consultation with the Advisory Council on the Misuse of Drugs in accordance with section 31(3) of that Act.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Misuse of Drugs (Amendment No.4) Regulations (Northern Ireland) 2014 and shall come into operation on 11th December 2014.

(2) The Interpretation Act (Northern Ireland) 1954 (3) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendments to the Misuse of Drugs Regulations (Northern Ireland) 2002

2.  Regulation 6A of the Misuse of Drugs Regulations (Northern Ireland) 2002 (4) shall be amended as provided by regulation 3.

3.  After paragraph (2) insert—

(3) Despite the provisions of section 9A(1) and (3) of the Act (5), a person employed or engaged in the lawful provision of drug treatment services may, when acting in that capacity, supply or offer to supply aluminium foil in the context of structured steps—

(a)to engage a patient in a drug treatment plan, or

(b)which form part of a patient’s drug treatment plan.

(4) In this regulation “drug treatment plan” means a written plan, relating to the treatment of an individual patient, and agreed by the patient and the person employed in the lawful provision of drug treatment services.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 20th November 2014

Legal seal

Dr Paddy Woods

A senior officer of the

Department of Health, Social Services and Public Safety

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Misuse of Drugs Regulations (Northern Ireland) 2002 to allow for the provision of aluminium foil by persons employed or engaged in the lawful provision of drug treatment services. Such provision is permitted as part of structured steps to bring individuals into treatment or as part of such treatment. Without this amendment, the provision of foil to drug users would be an offence under section 9A Misuse of Drugs Act 1971.

(1)

1971 c.38. as amended by s.151 of, and Schedule 17 to, the Police Reform and Social Responsibility Act 2011 c.13.

(2)

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

(4)

S.R.2002 No.1. Regulation 6A was inserted by S.R. 2003/324 and amended by S.R. 2005/119, 2005/564 and 2012/168.

(5)

Section 9A was inserted by section 34(1) of the Drug Trafficking Offences Act 1986 (c. 32).

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