2021 No. 231
Dangerous Drugs

The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2021

Made
Coming into operation
The Department of Health1 makes the following Order in exercise of the powers conferred by section 7(4) and (5) of the Misuse of Drugs Act 1971 2 as adapted by section 7(9) of that Act and now vested in it3 and after consultation with the Advisory Council on the Misuse of Drugs in accordance with section 7(7) of that Act.

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2021 and shall come into operation on 18th August 2021.

(2)

The Interpretation Act (Northern Ireland) 19544 shall apply to this Order as it applies to an Act of the Northern Ireland Assembly.

Amendment of the Misuse of Drugs (Designation) Order (Northern Ireland) 20012.

(1)

The following amendments are made to Part 1 of Schedule 1 to the Misuse of Drugs (Designation) Order (Northern Ireland) 20015 (which specifies controlled drugs to which section 7(4) of the Misuse of Drugs Act 1971 applies).

(2)

In paragraph 1(a)—

(a)

after “Etryptamine” insert “Flualprazolam (8-chloro-6-(2-fluorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)”;

(b)

after “Flubromazolam (8-Bromo-6-(2-fluorophenyl)-1-methyl-4H -[1,2,4]triazolo[4,3-a][1,4] benzodiazepine)” insert “Flunitrazolam (6-(2-fluorophenyl)-1-methyl-8-nitro-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)”;

(c)

after “Nitrazolam (1-Methyl-8-nitro-6-phenyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)” insert “Norfludiazepam (7-chloro-5-(2-fluorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one)”.

Revocation3.

The Misuse of Drugs (Designation) (Amendment) Regulations (Northern Ireland) 20216 are revoked.

Sealed with the Official Seal of the Department of Health on 10th August 2021

(L.S.)
Dr Lourda Geoghegan
A senior officer of the Department of Health
EXPLANATORY NOTE
(This note is not part of the Order)

This Order amends the Misuse of Drugs (Designation) Order (Northern Ireland) 2001 (S.R. 2001 No. 431) (“the Order”).

Section 7(3) of the Misuse of Drugs Act 1971 (c. 38) (“the 1971 Act”) requires regulations to be made to allow the use for certain purposes, including medical use, of the drugs which are subject to control under that Act. Section 7(4)(b) of the 1971 Act provides, however, that designated controlled drugs will be exempt from this easement and so cannot lawfully be prescribed, administered, produced, compounded or supplied except under licence or other authority issued by the Department of Health. The designations in question are in the Misuse of Drugs (Designation) Order (Northern Ireland) 2001 (“the Order”). Part 1 of Schedule 1 to the Order is amended by adding flualprazolam, flunitrazolam and norfludiazepam to that Part (which specifies controlled drugs to which section 7(4) of the 1971 Act applies).

The Misuse of Drugs (Designation) (Amendment) Regulations (Northern Ireland) 2021 are revoked.