The Misuse of Drugs Regulations 2001

Changes over time for: Section 2

Version Superseded: 16/08/2007

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Point in time view as at 01/09/2006. This version of this provision has been superseded.

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InterpretationU.K.

2.—(1) In these Regulations, unless the context otherwise requires—

“the Act” means the Misuse of Drugs Act 1971;
“authorised as a member of a group” means authorised by virtue of being a member of a class as respects which the Secretary of State has granted an authority under and for the purposes of regulation 8(3), 9(3) or 10(3) which is in force, and “his group authority”, in relation to a person who is a member of such a class, means the authority so granted to that class;
[F1“clinical management plan” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;]
[F2“the Common Services Agency for the health service” means the body established under section 10 of the National Health Service (Scotland) Act 1978;]
“document” [F3means anything in which information of any description is recorded (within the meaning of the Civil Evidence Act 1995];
[F4“equivalent body” means a Local Health Board in Wales, a Health Board in Scotland or the Northern Ireland Central Services Agency for the Health and Social Services in Northern Ireland;]
“exempt product” means a preparation or other product consisting of one or more component parts, any of which contains a controlled drug, where—
(a)
the preparation or other product is not designed for administration of the controlled drug to a human being or animal;
(b)
the controlled drug in any component part is packaged in such a form, or in combination with other active or inert substances in such a manner, that it cannot be recovered by readily applicable means or in a yield which constitutes a risk to health; and
(c)
no one component part of the product or preparation contains more than one milligram of the controlled drug or one microgram in the case of lysergide or any otherN-alkyl derivative of lysergamide;
[F5“Health Board” means a board constituted under section 2 of the National Health Service (Scotland) Act 1978;]
F6...
“health prescription” means a prescription issued by a doctor or a dentist under the National Health Service Act 1977 M1, the National Health Service (Scotland) Act 1978 M2, the Health and Personal Social Services (Northern Ireland) Order 1972 M3 or the National Health Service (Isle of Man) Acts 1948 to 1979 (Acts of Tynwald) or upon a form issued by a local authority for use in connection with the health service of that authority;
“installation manager” and “offshore installation” have the same meanings as in the Mineral Workings (Offshore Installations) Act 1971 M4;
[F7“Local Health Board” means a Local Health Board established in accordance with section 16BA of the National Health Service Act 1977;]
“master” and “seamen” have the same meanings as in the Merchant Shipping Act 1995 M5;
“medicinal product” has the same meaning as in the Medicines Act 1968 M6;
[F8“NHS Business Services Authority” means the special health authority established under Article 2 of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005;]
[F8“the Northern Ireland Central Services Agency for the Health and Social Services” means the body established under Article 26 of the Health and Personal Social Services (Northern Ireland) Order 1972;]
[F9“nurse independent prescriber” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997, and such a person may only prescribe controlled drugs in accordance with regulation 6B;]
“officer of customs and excise” means an officer within the meaning of the Customs and Excise Management Act 1979 M7;
[F10“patient group direction” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;]
[F11“pharmacist” has the same meaning as in the Medicines Act 1968;]
[F11“prescriber identification number” means the number recorded against a person’s name by the relevant National Health Service agency for the purposes of that person’s private prescribing;]
“prescription” means a prescription issued by a doctor for the medical treatment of a single individual, [F12by [F13a nurse independent prescriber] for the medical treatment of a single individual,] [F14by a supplementary prescriber for the medical treatment of a single individual,] by a dentist for the dental treatment of a single individual or by a veterinary surgeon or veterinary practitioner for the purposes of animal treatment;
[F15“Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977;]
[F15“private prescribing” means issuing prescriptions other than health prescriptions [F16or veterinary prescriptions;]]
[F15“professional registration number” means the number recorded against a person’s name in the register of any body that licenses or regulates any profession of which that person is a member;]
[F17“professional register” means the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001;]
[F18“register” means either a bound book, which does not include any form of loose leaf register or card index, or a computerised system which is in accordance with best practice guidance endorsed by the Secretary of State under section 2 of the National Health Service Act 1977;]
[F19“registered midwife” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;
“registered nurse” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;
[F20“registered occupational therapist” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;]
“registered ophthalmic optician” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;]
[F21“registered orthotist and prosthetist” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;]
“registered pharmacy” has the same meaning as in the Medicines Act 1968;
[F22“relevant National Health Service agency” means, for England and Wales, the NHS Business Services Authority; for Scotland, the Common Services Agency for the health service; and for Northern Ireland, the Northern Ireland Central Services Agency for the Health and Social Services;]
“retail dealer” means a person lawfully conducting a retail pharmacy business or a pharmacist engaged in supplying drugs to the public at a health centre within the meaning of the Medicines Act 1968;
“sister or acting sister” includes any male nurse occupying a similar position;
[F23“specialist community public health nurse” means a registered nurse or midwife who is also registered in the Specialist Community Public Health Nurses' Part of the professional register and against whose name in that Part of the register there is an annotation that she has a qualification in health visiting;]
[F24“state registered chiropodist” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;
“state registered paramedic” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;]
[F25“supplementary prescriber” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;]
[F26“veterinary prescription” means a prescription issued by a veterinary surgeon or veterinary practitioner for the purposes of animal treatment;]
“wholesale dealer” means a person who carries on the business of selling drugs to persons who buy to sell again.

(2) In these Regulations any reference to a regulation or schedule shall be construed as a reference to a regulation contained in these Regulations or, as the case may be, to a schedule to these Regulations, and any reference in a regulation or schedule to a paragraph shall be construed as a reference to a paragraph of that regulation or schedule.

(3) Nothing in these Regulations shall be construed as derogating from any power or immunity of the Crown, its servants or agents.

Textual Amendments

F1Words in reg. 2(1) inserted (14.3.2005) by The Misuse of Drugs (Amendment) Regulations 2005 (S.I. 2005/271), regs. 1, 2(2)(a)

F2Words in reg. 2(1) inserted (7.7.2006) by The Misuse of Drugs (Amendment No. 2) Regulations 2006 (S.I. 2006/1450), regs. 2(1), 4(a) (with regs. 12, 13)

F3Words in reg. 2(1) substituted (1.8.2003) by The Misuse of Drugs (Amendment) (No. 2) Regulations 2003 (S.I. 2003/1653), regs. 1, 2(3)

F4Words in reg. 2(1) inserted (7.7.2006) by The Misuse of Drugs (Amendment No. 2) Regulations 2006 (S.I. 2006/1450), regs. 2(1), 4(b) (with regs. 12, 13)

F5Words in reg. 2(1) inserted (7.7.2006) by The Misuse of Drugs (Amendment No. 2) Regulations 2006 (S.I. 2006/1450), regs. 2(1), 4(c) (with regs. 12, 13)

F6Words in reg. 2(1) revoked (1.5.2006) by The Misuse of Drugs (Amendment) Regulations 2006 (S.I. 2006/986), regs. 1(1), 2(a)

F7Words in reg. 2(1) inserted (7.7.2006) by The Misuse of Drugs (Amendment No. 2) Regulations 2006 (S.I. 2006/1450), regs. 2(1), 4(d) (with regs. 12, 13)

F8Words in reg. 2(1) inserted (7.7.2006) by The Misuse of Drugs (Amendment No. 2) Regulations 2006 (S.I. 2006/1450), regs. 2(1), 4(e) (with regs. 12, 13)

F9Words in reg. 2(1) inserted (1.5.2006) by The Misuse of Drugs (Amendment) Regulations 2006 (S.I. 2006/986), regs. 1(1), 2(b)

F10Words in reg. 2(1) inserted (15.10.2003) by The Misuse of Drugs (Amendment) (No. 3) Regulations 2003 (S.I. 2003/2429), regs. 1, 2(2)(b)