Commencement Information
I1Part II partly in force for certain purposes at 23.4.1991 and wholly in force at 1.7.1991. See s. 32(2) and S.I. 1991/1072, arts. 2(b), 3, Schedule Pt. II
(1)It is an offence for a person—
(a)to manufacture a scheduled substance; or
(b)to supply such a substance to another person,
knowing or suspecting that the substance is to be used in or for the unlawful production of a controlled drug.
[F1(1A)A person does not commit an offence under subsection (1) above if he manufactures or, as the case may be, supplies the scheduled substance with the express consent of a constable.]
(2)A person guilty of an offence under subsection (1) above is liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both.
(3)In this section “a controlled drug” has the same meaning as in the M1Misuse of Drugs Act 1971 and “unlawful production of a controlled drug” means the production of such a drug which is unlawful by virtue of section 4(1)(a) of that Act.
(4)In this section and elsewhere in this Part of this Act “a scheduled substance” means a substance for the time being specified in Schedule 2 to this Act.
(5)Her Majesty may by Order in Council amend that Schedule (whether by addition, deletion or transfer from one Table to the other) but—
(a)no such Order shall add any substance to the Schedule unless—
(i)it appears to Her Majesty to be frequently used in or for the unlawful production of a controlled drug; or
(ii)it has been added to the Annex to the Vienna Convention under Article 12 of that Convention; and
(b)no such Order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
Textual Amendments
F1S. 12(1A) inserted (9.9.1998) by 1998 c. 27, ss.1, 2(2).
Modifications etc. (not altering text)
C1Ss. 1-6, 8-10, 12-16, 18-21, 24-30, 32, Schs. 1-3 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1
Commencement Information
I2S. 12 wholly in force; s. 12(5) in force for certain purposes at 23.4.1991, s. 12 wholly in force 1.7.1991. See s. 32(2) and S.I. 1991/1072, arts. 2(b), 3, Schedule Pt. II
Marginal Citations
(1)The Secretary of State may by regulations make provision—
(a)imposing requirements as to the documentation of transactions involving scheduled substances;
(b)requiring the keeping of records and the furnishing of information with respect to such substances;
(c)for the inspection of records kept pursuant to the regulations;
(d)for the labelling of consignments of scheduled substances.
(2)Regulations made by virtue of subsection (1)(b) may, in particular, require—
(a)the notification of the proposed exportation of substances specified in Table I in Schedule 2 to this Act to such countries as may be specified in the regulations; and
(b)the production, in such circumstances as may be so specified, of evidence that the required notification has been given;
and for the purposes of section 68 of the M2Customs and Excise Management Act 1979 (offences relating to exportation of prohibited or restricted goods) any such substance shall be deemed to be exported contrary to a restriction for the time being in force with respect to it under this Act if it is exported without the requisite notification having been given.
(3)Regulations under this section may make different provision in relation to the substances specified in Table I and Table II in Schedule 2 to this Act respectively and in relation to different cases or circumstances.
(4)The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(5)Any person who fails to comply with any requirement imposed by the regulations or, in purported compliance with any such requirement, furnishes information which he knows to be false in a material particular or recklessly furnishes information which is false in a material particular is guilty of an offence and liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
(6)No information obtained pursuant to the regulations shall be disclosed except for the purposes of criminal proceedings or of proceedings under the provisions of the F2...M3 relating to the confiscation of the proceeds of drug trafficking or corresponding provisions in force in Northern Ireland[F3or of proceedings under Part 2, 3 or 4 of the Proceeds of Crime Act 2002].
Subordinate Legislation Made
P1S. 13: S. 13 power exercised by S.I. 1991/1285
Textual Amendments
F2Words in s. 13(6) omitted (24.3.2003) by virtue of Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 21(a), Sch. 12; S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
F3Words in s. 13(6) inserted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 21(b); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
Modifications etc. (not altering text)
C2Ss. 1-6, 8-10, 12-16, 18-21, 24-30, 32, Schs. 1-3 extended with modifications (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1
C3S. 13(2) applied (with modifications) by S.I. 1991/1285, reg. 3(b).
C4S. 13(5)(a) modified by S.I. 1991/1285, reg. 6(d)
S. 13(5)(a) modified (6.10.1993) by S.I. 1993/2166, reg. 7.
C5S. 13(5)(a) modified (7.3.2008) by Controlled Drugs (Drug Precursors) (Community External Trade) Regulations 2008 (S.I. 2008/296), regs. 1(1), 5(2)
Commencement Information
I3S. 13 wholly in force; s. 13 in force for certain purposes at 23.4.1991 and wholly in force at 1.7.1991. See s. 32(2) and S.I. 1991/1702, arts. 2(b),, 3, Schedule Pt.II
Marginal Citations