Search Legislation

The Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) Regulations (Northern Ireland) 2019

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.

Statutory Rules of Northern Ireland

2019 No. 21

Dangerous Drugs

The Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) Regulations (Northern Ireland) 2019

Made

21st February 2019

Coming into operation

1st April 2019

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

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) Regulations (Northern Ireland) 2019 and shall come into operation on 1st April 2019.

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

(3) These Regulations extend to Northern Ireland.

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

2.—(1) The Misuse of Drugs Regulations (Northern Ireland) 2002(5) are amended as follows

(2) In paragraph 1(a) of Schedule 3 (controlled drugs subject to the requirements of regulations 14, 15, 16, 18, 22, 23, 24, 26 and 27)—

(a)after “Flunitrazepam” insert—

Gabapentin (1–(aminomethyl)cyclohexaneacetic acid), and

(b)after “Pipradrol” insert—

Pregabalin ((S)3–(aminomethyl)-5-methylhexanoic acid).

(3) In paragraph 3 of Schedule 3, for “Any ester or ether of pipradrol.” substitute—

Any—

(a)ester or ether of pipradrol; or

(b)ester of gabapentin (1–(aminomethyl)cyclohexaneacetic acid) or pregabalin ((S)3–(aminomethyl)-5-methylhexanoic acid).

Amendments to the Misuse of Drugs (Safe Custody) (Northern Ireland) Regulations 1973

3.—(1) The Misuse of Drugs (Safe Custody) (Northern Ireland) Regulations 1973(6) shall be amended as follows.

(2) In paragraph 1 of Schedule 1 (exempted drugs) for “the Misuse of Drugs (Northern Ireland) Regulations 1986.” substitute “the Misuse of Drugs Regulations (Northern Ireland) 2002”.

(3) In paragraph 3 of Schedule 1—

(a)after sub-paragraph (d), insert—

(da)Gabapentin (1–(aminomethyl)cyclohexaneacetic acid);

(b)after sub-paragraph (j), insert—

(jaa)Pregabalin ((S)–3–(aminomethyl)-5-methylhexanoic acid);

(c)for sub-paragraph (k), substitute—

(k)Any ester of gabapentin (1–(aminomethyl)cyclohexaneacetic acid) or pregabalin ((S)3–(aminomethyl)-5-methylhexanoic acid).

(ka)Any stereoisomeric form of a substance specified in any of paragraphs (a) to (k) above.;

(d)in sub-paragraph (l), for “(k)” substitute “(ka)”.

Sealed with the Official Seal of the Department of Health on 21st February 2019

Legal seal

Cathy Harrison

A senior officer of the Department of Health

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Misuse of Drugs Regulations (Northern Ireland) 2002 (S.R. 2002 No.2) (the “2002 Regulations”) and the Misuse of Drugs (Safe Custody) (Northern Ireland) Regulations 1973 (S.R. & O. (N.I.) 1973 No. 179) (the “1973 Regulations”).

Regulation 2 adds the compounds known as pregabalin and gabapentin (and their salts and esters) to Schedule 3 to the 2002 Regulations. The Schedule to the Regulations in which a controlled drug is placed affects the extent to which the drug can be lawfully imported, exported, produced, supplied or possessed and dictates the record keeping, labelling and destruction requirements in relation to that drug.

Regulation 3 inserts pregabalin and gabapentin (and their salts and esters) into the list of exempted drugs in Schedule 1 to the 1973 Regulations. These compounds are consequently exempted from the safe custody requirements of those Regulations.

(1)

Formerly the Department of Health, Social Services and Public Safety; see 2016 c.5 (N.I.), section 1(5)

(2)

1971 c.38, as amended by paragraph 12 of Schedule 4 to the Customs and Excise Management Act 1979 (c.2) and s.151 of, and Schedule 17 to, the Police Reform and Social Responsibility Act 2011 (c.13)

(3)

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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources