Misuse of Drugs Act 1971
United Kingdom · statute
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In force since 2025-01-15, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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Contents: 53 provisions
- Title and introductory text
- 1 The Advisory Council on the Misuse of Drugs.
- 2 Controlled drugs and their classification for purposes of this Act.
- 2A Temporary class drug orders
- 2B Orders under section 2A: role of Advisory Council etc
- 3 Restriction of importation and exportation of controlled drugs.
- 4 Restriction of production and supply of controlled drugs.
- 4A Aggravation of offence of supply of controlled drug
- 5 Restriction of possession of controlled drugs.
- 6 Restriction of cultivation of cannabis plant.
- 7 Authorisation of activities otherwise unlawful under foregoing provisions.
- 7A Temporary class drug orders: power to make further provision
- 8 Occupiers etc. of premises to be punishable for permitting certain activities to take place there.
- 9 Prohibition of certain activities etc. relating to opium.
- 9A Prohibition of supply etc. of articles for administering or preparing controlled drugs.
- 10 Power to make regulations for preventing misuse of controlled drugs.
- 11 Power to direct special precautions for safe custody of controlled drugs to be taken at certain premises.
- 12 Directions prohibiting prescribing, supply etc. of controlled drugs by practitioners etc. convicted of certain offences.
- 13 Directions prohibiting prescribing, supply etc. of controlled drugs by practitioners in other cases.
- 14 Investigation where grounds for a direction under s. 13 are considered to exist.
- 15 Temporary directions under s. 13(2).
- 16 Provisions supplementary to ss. 14 and 15.
- 17 Power to obtain information from doctors, pharmacists etc. in certain circumstances.
- 18 Miscellaneous offences.
- 19 Attempts etc. to commit offences.
- 20 Assisting in or inducing commission outside United Kingdom of offence punishable under a corresponding law.
- 21 Offences by corporations.
- 22 Further powers to make regulations.
- 23 Powers to search and obtain evidence.
- 23A Temporary class drugs: further power to search, seize and detain
- 24 Power of arrest
- 25 Prosecution and punishment of offences.
- 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 27 Forfeiture.
- 28 Proof of lack of knowledge etc. to be a defence in proceedings for certain offences.
- 29 Service of documents.
- 30 Licences and authorities.
- 31 General provisions as to regulations.
- 32 Research.
- 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 35 Financial provisions.
- 36 Meaning of “corresponding law”, and evidence of certain matters by certificate.
- 37 Interpretation.
- 38 Special provisions as to Northern Ireland.
- 39 Savings and transitional provisions, repeals, and power to amend local enactments.
- 40 Short title, extent and commencement.
- SCHEDULE 1 Constitution etc. of Advisory Council on the Misuse of Drugs
- SCHEDULE 2 Controlled Drugs
- SCHEDULE 3 Tribunals, Advisory Bodies and Professional Panels
- Schedule 4 Prosecution and Punishment of Offences
- SCHEDULE 5 Savings and Transitional Provisions
- SCHEDULE 6 Repeals.
Proposed changes to this act
No one has proposed a change to this act yet.
53 provisions
35 Financial provisions.
There shall be defrayed out of moneys provided by Parliament— (a) any expenses incurred by the Secretary of State under or in consequence of the provisions of this Act other than section 32; and (b) any expenses incurred by the Secretary of State with the consent of the Treasury for the purposes of his functions under that section.
Propose a change36 Meaning of “corresponding law”, and evidence of certain matters by certificate.
(1) In this Act the expression “corresponding law” means a law stated in a certificate purporting to be issued by or on behalf of the government of a country outside the United Kingdom to be a law providing for the control and regulation in that country of the production, supply, use, export and import of drugs and other substances in accordance with the provisions of the Single Convention on Narcotic Drugs signed at New York on 30th March 1961 or a law providing for the control and regulation in that country of the production, supply, use, export and import of dangerous or otherwise harmful drugs in pursuance of any treaty, convention or other agreement or arrangement to which the government of that country and Her Majesty’s Government in the United Kingdom are for the time being parties. (2) A statement in any such certificate as aforesaid to the effect that any facts constitute an offence against the law mentioned in the certificate shall be evidence, and in Scotland sufficient evidence, of the matters stated.
Propose a change37 Interpretation.
(1) In this Act, except in so far as the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:— “the Advisory Council” means the Advisory Council on the Misuse of Drugs established under this Act; “cannabis” (except in the expression “cannabis resin”) means any plant of the genusCannabisor any part of any such plant (by whatever name designated) except that it does not include cannabis resin or any of the following products after separation from the rest of the plant, namely— mature stalk of any such plant, fibre produced from mature stalk of any such plant, and seed of any such plant; “cannabis resin” means the separated resin, whether crude or purified, obtained from any plant of the genusCannabis; “contravention” includes failure to comply, and “contravene” has a corresponding meaning; “controlled drug” has the meaning assigned by section 2 of this Act; “corresponding law” has the meaning assigned by section 36(1) of this Act; “dentist” means a person registered in the dentists register under the Dentists Act 1984 ...; “doctor” means a registered medical practitoner within the meaning of Schedule 1 to the Interpretation Act 1978; “enactment” includes an enactment of the Parliament of Northern Ireland; “person lawfully conducting a retail pharmacy business”... means a person lawfully conducting such a business in accordance with section 69 of the Medicines Act 1968; “pharmacist” has the same meaning as in the Medicines Act 1968; “practitioner” (except in the expression “veterinary practitioner”) means a doctor, dentist, veterinary practioner or veterinary surgeon; “prepared opium” means opium prepared for smoking and includes dross and any other residues remaining after opium has been smoked; “prescribed” means prescribed by regulations made by the Secretary of State under this Act; “produce”, where the reference is to producing a controlled drug, means producing it by manufacture, cultivation or any other method, and “production” has a corresponding meaning; “supplying” including distributing; “temporary class drug order” means an order made under section 2A(1); “veterinary practitioner” means a person registered in the supplementary veterinary register kept under section 8 of the Veterinary Surgeons Act 1966; “veterinary surgeon” means a person registered in the register of veterinary surgeons kept under section 2 of the Veterinary Surgeons Act 1966. (2) References in this Act to misusing a drug are references to misusing it by taking it; and the reference in the foregoing provision to the taking of a drug is a reference to the taking of it by a human being by way of any form of self-administration, whether or not involving assistance by another. (3) For the purposes of this Act the things which a person has in his possession shall be taken to include any thing subject to his control which is in the custody of another. (4) Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment. (5) ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change38 Special provisions as to Northern Ireland.
(1) In the application of this Act to Northern Ireland, for any reference to the Secretary of State (except in sections 1, 2, 2A, 2B, 7, 7A, 17, 23(1), 31, 35, 39(3) and 40(3) and Schedules 1 and 3) there shall be substituted a reference to the Ministry of Home Affairs for Northern Ireland. (2) Nothing in this Act shall authorise any department of the Government of Northern Ireland to incur any expenses attributable to the provisions of this Act until provision has been made by the Parliament of Northern Ireland for those expenses to be defrayed out of moneys provided by that Parliament; and no expenditure shall be incurred by the Ministry of Home Affairs for Northern Ireland for the purposes of its functions under section 32 of this Act except with the consent of the Ministry of Finance for Northern Ireland. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Without prejudice to section 37(4) of this Act, any reference in this Act to an enactment of the Parliament of Northern Ireland includes a reference to any enactment re-enacting it with or without modifications.
Propose a change39 Savings and transitional provisions, repeals, and power to amend local enactments.
(1) The savings and transitional provisions contained in Schedule 5 to this Act shall have effect. (2) The enactments mentioned in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule. (3) The Secretary of State may by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament repeal or amend any provision in any local Act, including an Act confirming a provisional order, or in any instrument in the nature of a local enactment under any Act, where it appears to him that that provision is inconsistent with, or has become unnecessary or requires modification in consequence of, any provision of this Act.
Propose a change40 Short title, extent and commencement.
(1) This Act may be cited as the Misuse of Drugs Act 1971. (2) This Act extends to Northern Ireland. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a changeSCHEDULE 1 Constitution etc. of Advisory Council on the Misuse of Drugs
Section 1. 1 (1) The members of the Advisory Council, of whom there shall be not less than twenty, shall be appointed by the Secretary of State after consultation with such organisations as he considers appropriate ... (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The Secretary of State shall appoint one of the members of the Advisory Council to be chairman of the Council. 2 The Advisory Council may appoint committees, which may consist in part of persons who are not members of the Council, to consider and report to the Council on any matter referred to them by the Council. 3 At meetings of the Advisory Council the quorum shall be seven, and subject to that the Council may determine their own procedure. 4 The Secretary of State may pay to the members of the Advisory Council such remuneration (if any) and such travelling and other allowances as may be determined by him with the consent of the Minister for the Civil Service. 5 Any expenses incurred by the Advisory Council with the approval of the Secretary of State shall be defrayed by the Secretary of State.
Propose a changeSCHEDULE 2 Controlled Drugs
Section 2. Part I Class A Drugs 1 The following substances and products, namely:— (a) Acetorphine. Alfentanil. Allylprodine. Alphacetylmethadol. Alphameprodine. Alphamethadol. Alphaprodine. Anileridine. AP-237 (1-[4-([2E]-3-phenyl-2-propen-1-yl)-1-piperazinyl]-1-butanone) (bucinnazine). AP-238 (1-[2,6-dimethyl-4-[2E]-3-phenyl-2-propen-1-yl]-1-piperazinyl-1-propanone). Azaprocin (1-[3-[(E)-3-phenyl-2-propen-1-yl]-3,8-diazabicyclo[3.2.1]octan-8-yl]propan-1-one). Benzethidine. Benzylmorphine (3-benzylmorphine). Betacetylmethadol. Betameprodine. Betamethadol. Betaprodine. Bezitramide. Brorphine. Bufotenine. Butonitazene. ... ... Carfentanil. Clonitazene. Coca leaf. Cocaine. Desomorphine. Dextromoramide. Diamorphine. Diampromide. Diethylthiambutene. Difenoxin (1-(3-cyano-3,3-diphenylpropyl)-4-phenylpiperidine-4-carboxylic acid). DihydrocodeinoneO-carboxymethyloxime. Dihydroetorphine Dimenoxadole. Dimepheptanol. Dimethylthiambutene. Dioxaphetyl butyrate. Diphenoxylate. Dipipanone. Drotebanol (3,4-dimethoxy-17-methylmorphinan-6b, 14-diol). Ecgonine, and any derivative of ecgonine which is convertible to ecgonine or to cocaine. Ethyleneoxynitazene. Ethylmethylthiambutene. Eticyclidine. Etodesnitazene (etazene). Etonitazene. Etorphine. Etoxeridine. Etryptamine Fentanyl. Flunitazene. Fungus (of any kind) which contains psilocin or an ester of psilocin. Furethidine. Hydrocodone. Hydromorphinol. Hydromorphone. Hydroxypethidine. Isomethadone. Isotonitazene. Ketobemidone. Levomethorphan. Levomoramide. Levophenacylmorphan. Levorphanol. Lofentanil Lysergamide. Lysergide and otherN-alkyl derivatives of lysergamide. Mescaline. Metazocine. Methadone. Methadyl acetate. Methylamphetamine Methyldesorphine. Methyldihydromorphine (6-methyldihydromorphine). Metodesnitazene (metazene). Metonitazene. Metopon. Morpheridine. Morphine. Morphine methobromide, morphineN-oxide and other pentavalent nitrogen morphine derivatives. Myrophine. ... Nicomorphine (3,6-dinicotinoylmorphine). Noracymethadol. Norlevorphanol. Normethadone. Normorphine. Norpipanone. Opium, whether raw, prepared or medicinal. Oxycodone. Oxymorphone. para-methyl-AP-237 (1-[4-[2E]-3-(4-methylphenyl)-2-propen-1-yl]-1-piperazinyl-1-butanone). para-nitroazaprocin (1-[3-[(E)-3-(4-nitrophenyl)-2-propen-1-yl]-3,8-diazabicyclo[3.2.1]octan-8-yl)propan-1-one). Pethidine. Phenadoxone. Phenampromide. Phenazocine. Phencyclidine. Phenomorphan. Phenoperidine. Piminodine. Piritramide. Poppy-straw and concentrate of poppy-straw. Proheptazine. Properidine (1-methyl-4-phenyl-piperidine-4-carboxylic acid isopropyl ester). Protonitazene. Psilocin. Racemethorphan. Racemoramide. Racemorphan. Remifentanil Rolicyclidine. Sufentanil. Tapentadol. Tenocylidine. Thebacon. Thebaine. Tilidate. Trimeperidine. (6aR,9R)-4-acetyl-N,N-diethyl-7-methyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinoline-9-carboxamide (ALD-52). 4-Bromo-2,5-dimethoxy-a-methylphenethylamine. 4-Cyano-2-dimethylamino-4,4-diphenylbutane. 4-Cyano-1-methyl-4-phenyl-piperidine. 1-Cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45). N-Desethyl etonitazene. N-Desethylisotonitazene. N-Desethyl protonitazene. 3,4-dichloro-N-[[1-(dimethylamino)cyclohexyl]methyl]benzamide (AH-7921); 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (U-47,700). (6aR,9R) R,9 R)- N,N-diethyl-7-allyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinoline-9-carboxamide (AL-LAD); (6aR,9R) R,9R)-N,N-diethyl-7-ethyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinoline-9-carboxamide (ETH-LAD); (6aR,9R)R,9R)-N,N-diethyl-7-propyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinoline-9-carboxamide (PRO-LAD). N,N-Diethyltryptamine. 2,4-dimethylazetidinyl{(6aR,9R)-7-methyl-4,6,6a,7,8,9-hexahydroindolo[4,3- fg]quinolin-9-yl}methanone (LSZ). N,N-Dimethyltryptamine. 2,5-Dimethoxy-a,4-dimethylphenethylamine. N-Hydroxy-tenamphetamine. 1-Methyl-4-phenylpiperidine-4-carboxylic acid. 2-Methyl-AP-237 (1-[2-methyl-4-[2E]-3-phenyl-2-propen-1-yl]-1-piperazinyl-1-butanone). 2-Methyl-3-morpholino-1, 1-diphenylpropanecarboxylic acid. 4-Methyl-aminorex 4-Methyl-5-(4-methylphenyl)-4,5-dihydrooxazol-2-amine (4,4’-DMAR). 4-Phenylpiperidine-4-carboxylic acid ethyl ester. N-Piperidinyl-etonitazene (etonitazepipne). N-Pyrrolidino-etonitazene (etonitazepyne). N-Pyrrolidino protonitazene. (b) any compound (not being a compound for the time being specified in sub-paragraph (a) above) structurally derived from tryptamine or from a ring-hydroxy tryptamine by modification in any of the following ways, that is to say— (i) by substitution at the nitrogen atom of the sidechain to any extent with alkyl or alkenyl substituents, or by inclusion of the nitrogen atom of the side chain (and no other atoms of the side chain) in a cyclic structure; (ii) by substitution at the carbon atom adjacent to the nitrogen atom of the side chain with alkyl or alkenyl substituents; (iii) by substitution in the 6-membered ring to any extent with alkyl, alkoxy, haloalkyl, thioalkyl, alkylenedioxy, or halide substituents; (iv) by substitution at the 2-position of the tryptamine ring system with an alkyl substituent; (ba) the following phenethylamine derivatives, namely:— Allyl(a-methyl-3,4-methylenedioxyphenethyl)amine 2-Amino-1-(2,5-dimethoxy-4-methylphenyl)ethanol 2-Amino-1-(3,4-dimethoxyphenyl)ethanol Benzyl(a-methyl-3,4-methylenedioxyphenethyl)amine 4-Bromo-b,2,5-trimethoxyphenethylamine N-(4-sec-Butylthio-2,5-dimethoxyphenethyl)hydroxylamine Cyclopropylmethyl(a-methyl-3,4-methylenedioxyphenethyl)amine 2-(4,7-Dimethoxy-2,3-dihydro-1 H-indan-5-yl)ethylamine 2-(4,7-Dimethoxy-2,3-dihydro-1 H-indan-5-yl)-1-methylethylamine 2-(2,5-Dimethoxy-4-methylphenyl)cyclopropylamine 2-(1,4-Dimethoxy-2-naphthyl)ethylamine 2-(1,4-Dimethoxy-2-naphthyl)-1-methylethylamine N-(2,5-Dimethoxy-4-propylthiophenethyl)hydroxylamine 2-(1,4-Dimethoxy-5,6,7,8-tetrahydro-2-naphthyl)ethylamine 2-(1,4-Dimethoxy-5,6,7,8-tetrahydro-2-naphthyl)-1-methylethylamine a, a-Dimethyl-3,4-methylenedioxyphenethylamine a, a-Dimethyl-3,4-methylenedioxyphenethyl(methyl)amine Dimethyl(a-methyl-3,4-methylenedioxyphenethyl)amine N-(4-Ethylthio-2,5-dimethoxyphenethyl)hydroxylamine 4-Iodo-2,5-dimethoxy-a-methylphenethyl(dimethyl)amine 2-(1,4-Methano-5,8-dimethoxy-1,2,3,4-tetrahydro-6-naphthyl)ethylamine 2-(1,4-Methano-5,8-dimethoxy-1,2,3,4-tetrahydro-6-naphthyl)-1-methylethylamine 2-(5-Methoxy-2,2-dimethyl-2,3-dihydrobenzo[b]furan-6-yl)-1-methylethylamine 2-Methoxyethyl(a-methyl-3,4-methylenedioxyphenethyl)amine 2-(5-Methoxy-2-methyl-2,3-dihydrobenzo[b]furan-6-yl)-1-methylethylamine b-Methoxy-3,4-methylenedioxyphenethylamine 1-(3,4-Methylenedioxybenzyl)butyl(ethyl)amine 1-(3,4-Methylenedioxybenzyl)butyl(methyl)amine 2-(a-Methyl-3,4-methylenedioxyphenethylamino)ethanol a-Methyl-3,4-methylenedioxyphenethyl(prop-2-ynyl)amine N-Methyl-N-(a-methyl-3,4-methylenedioxyphenethyl)hydroxylamine O-Methyl-N-(a-methyl-3,4-methylenedioxyphenethyl)hydroxylamine a-Methyl-4-(methylthio)phenethylamine b,3,4,5-Tetramethoxyphenethylamine b,2,5-Trimethoxy-4-methylphenethylamine; (c) any compound (not being methoxyphenamine or a compound for the time being specified in sub-paragraph (a) above) structurally derived from phenethylamine an N -alkylphenethylamine,a-methylphenethylamine, an N -alkyl-a-methylphenethylamine,a-ethylphenethylamine, or an N -alkyl-a-ethylphenethylamine by substitution in the ring to any extent with alkyl, alkoxy, alkylenedioxy or halide substituents, whether or not further substituted in the ring by one or more other univalent substituents. (d) any compound (not being a compound for the time being specified in sub-paragraph (a) above) structurally derived from fentanyl by modification in any of the following ways, that is to say, (i) by replacement of the phenyl portion of the phenethyl group by any heteromonocycle whether or not further substituted in the heterocycle; (ii) by substitution in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halogeno, haloalkyl, amino or nitro groups; (iii) by substitution in the piperidine ring with alkyl or alkenyl groups; (iv) by substitution in the aniline ring with alkyl, alkoxy, alkylenedioxy, halogeno or haloalkyl groups; (v) by substitution at the 4-position of the piperidine ring with any alkoxycarbonyl or alkoxyalkyl or acyloxy group; (vi) by replacement of the N-propionyl group by another acyl group; (e) any compound (not being a compound for the time being specified in sub-paragraph (a) above) structurally derived from pethidine by modification in any of the following ways, that is to say, (i) by replacement of the 1-methyl group by an acyl, alkyl whether or not unsaturated, benzyl or phenethyl group, whether or not further substituted; (ii) by substitution in the piperidine ring with alkyl or alkenyl groups or with a propano bridge, whether or not further substituted; (iii) by substitution in the 4-phenyl ring wiith alkyl, alkoxy, aryloxy, halogeno or haloalkyl groups; (iv) by replacement of the 4-ethoxycarbonyl by any other alkoxycarbonyl or any alkoxyalkyl or acyloxy group; (v) by formation of an N-oxide or of a quaternary base. (ea) any compound (not being a compound for the time being specified in sub-paragraph (a) above) with a maximum molecular mass of 500 atomic mass units and structurally derived from 2-(2-benzyl-benzimidazol-1-yl)ethanamine by modification in any of the following ways, that is to say— (i) by substitution at the nitrogen of the ethanamine to any extent by alkyl substituents containing up to three carbon atoms or alkenyl substituents containing up to three carbon atoms or by inclusion of the nitrogen atom (and no other atoms of the side chain) in a cyclic structure; (ii) by substitution in the phenyl ring of the benzyl system to any extent by alkyl or haloalkyl containing up to six carbon atoms, alkoxy or haloalkoxy containing up to five carbon atoms, acetyloxy, hydroxy, cyano, halogen, thioalkyl containing up to five carbon atoms or alkylsulphonyl containing up to five carbon atoms; (iii) by substitution at the 5- or 6- positions of the benzimidazole system by nitro, acetyl, cyano, methoxy, trifluoromethyl, trifluoromethoxy or halogen substituents; (iv) by substitution at the benzylic carbon by a methyl group; (v) by replacement of the benzylic carbon by a nitrogen, oxygen or sulphur atom; (vi) by substitution in the phenyl ring of the benzyl system by an ethoxy group linked back to the phenyl ring to form a dihydrobenzofuran structure; (vii) by replacement of the phenyl ring of the benzyl system by methylenedioxyphenyl. (f) any compound (not being benzyl(α-methyl-3,4-methylenedioxyphenethyl)amine) structurally derived from mescaline, 4-bromo-2,5-dimethoxy-α-methylphenethylamine, 2,5-dimethoxy-α,4-dimethylphenethylamine, N-hydroxytenamphetamine, or a compound specified in sub-paragraph (ba) or (c) above, by substitution at the nitrogen atom of the amino group with a benzyl substituent, whether or not substituted in the phenyl ring of the benzyl group to any extent. 2 Any stereoisomeric form of a substance for the time being specified in paragraph 1 above not being dextromethorphan or dextrorphan. 3 Any ester or ether of a substance for the time being specified in paragraph 1 or 2 above not being a substance for the time being specified in Part II of this Schedule. 4 Any salt of a substance for the time being specified in any of paragraphs 1 to 3 above. 5 Any preparation or other product containing a substance or product for the time being specified in any of paragraphs 1 to 4 above. 6 Any preparation designed for administration by injection which includes a substance or product for the time being specified in any of paragraphs 1 to 3 of Part II of this Schedule. Part II Class B Drugs 1 The following substances and products, namely:— (a) Acetyldihydrocodeine. Amphetamine. N-Benzyl-ethylphenidate. 1,4-Butanediol. Cannabinol Cannabinol derivatives Cannabis and cannabis resin ... Codeine. Cumyl-PeGaClone. ... Dihydrocodeine. Diphenidine. Ephenidine. Ethylmorphine (3-ethylmorphine). Ethylnaphthidate. Ethylphenidate. Gamma-butyrolactone. Glutethimide. 4-Hydroxy-n-butyric acid. Isopropylphenidate (IPP or IPPD). Ketamine. Lefetamine. Lisdexamphetamine. Mecloqualone. Methaqualone. Methcathinone Methoxyphenidine (1-[1-(2-methoxyphenyl)-2-phenylethyl]piperidine) (methoxphenidine) . Methylmorphenate Methylnaphthidate (HDMP-28). ... ... a-Methylphenethylhydroxylamine Methylphenidate. Methylphenobarbitone. N-methyl-1-(thiophen-2-yl)propan-2-amine (methiopropamine or MPA). Nicocodine. Nicodicodine (6-nicotinoyldihydrocodeine). Norcodeine. Pentazocine. Phenmetrazine. Pholcodine. Propiram. Propylphenidate. Zipeprol 3,4-Dichloroethylphenidate. 3,4-Dichloromethylphenidate (3,4-DCMP). 2-((Dimethylamino)methyl)-1-(3-hydroxyphenyl)cyclohexanol. 4-Fluoroethylphenidate. 4-Fluoromethylphenidate. 4-Methylmethylphenidate. (aa) Any compound (not being bupropion, cathinone, diethylpropion, pyrovalerone or a compound for the time being specified in sub–paragraph (a) above) structurally derived from 2–amino–1–phenyl–1–propanone by modification in any of the following ways, that is to say, (i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents; (ii) by substitution at the 3–position with an alkyl substituent; (iii) by substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure. (ab) Any compound structurally derived from 2–aminopropan–1–one by substitution at the 1-position with any monocyclic, or fused‑polycyclic ring system (not being a phenyl ring or alkylenedioxyphenyl ring system), whether or not the compound is further modified in any of the following ways, that is to say, (i) by substitution in the ring system to any extent with alkyl, alkoxy, haloalkyl or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents; (ii) by substitution at the 3–position with an alkyl substituent; (iii) by substitution at the 2-amino nitrogen atom with alkyl or dialkyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure. (ac) Any compound (not being pipradrol) structurally derived from piperidine, pyrrolidine, azepane, morpholine or pyridine by substitution at a ring carbon atom with a diphenylmethyl group, whether or not the compound is further modified in any of the following ways, that is to say, (i) by substitution in any of the phenyl rings to any extent with alkyl, alkoxy, haloalkyl or halide groups; (ii) by substitution at the methyl carbon atom with an alkyl, hydroxyalkyl or hydroxy group; (iii) by substitution at the ring nitrogen atom with an alkyl, alkenyl, haloalkyl or hydroxyalkyl group. (b) any 5,5 disubstituted barbituric acid. (c) [2,3–Dihydro–5–methyl–3–(4–morpholinylmethyl)pyrrolo[1, 2, 3–de]–1,4–benzoxazin–6–yl]–1–naphthalenylmethanone. 3–Dimethylheptyl–11–hydroxyhexahydrocannabinol. [9–Hydroxy–6–methyl–3–[5–phenylpentan–2–yl] oxy–5, 6, 6a, 7, 8, 9, 10, 10a–octahydrophenanthridin–1–yl] acetate. 9-(Hydroxymethyl)–6, 6–dimethyl–3–(2–methyloctan–2–yl)–6a, 7, 10, 10a–tetrahydrobenzo[c]chromen–1–ol. Any compound structurally derived from 3–(1–naphthoyl)indole, 3-(2-naphthoyl) indole, 1H–indol–3–yl–(1–naphthyl)methane or 1H-indol-3-yl-(2-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Any compound structurally derived from 3–(1–naphthoyl)pyrrole or 3-(2-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Any compound structurally derived from 1–(1–naphthylmethylene)indene or 1-(2-naphthylmethylene)indene by substitution at the 3–position of the indene ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent. Nabilone. Any compound structurally derived from 3–phenylacetylindole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Any compound structurally derived from 2–(3–hydroxycyclohexyl)phenol by substitution at the 5–position of the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the cyclohexyl ring to any extent. Any compound structurally derived from 3-benzoylindole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Any compound structurally derived from 3-(1-adamantoyl)indole or 3-(2-adamantoyl)indole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent. Any compound structurally derived from 3-(2,2,3,3-tetramethylcyclopropylcarbonyl)indole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent. (ca) any compound (not being a compound for the time being specified in sub-paragraph (c) above) structurally related to 1-pentyl-3-(1-naphthoyl)indole (JWH-018), in that the four sub-structures, that is to say the indole ring, the pentyl substituent, the methanone linking group and the naphthyl ring, are linked together in a similar manner, whether or not any of the sub-structures have been modified, and whether or not substituted in any of the linked sub-structures with a benzyl or phenyl group and whether or not such compound is further substituted to any extent with alkyl, alkenyl, alkoxy, halide, haloalkyl or cyano substituents and, where any of the sub-structures have been modified, the modifications of the sub-structures are limited to any of the following, that is to say— (i) replacement of the indole ring with indane, indene, indazole, pyrrole, pyrazole, imidazole, benzimidazole, pyrrolo[2,3-b]pyridine, pyrrolo[3,2-c]pyridine or pyrazolo[3,4‑b]pyridine; (ii) replacement of the pentyl substituent with alkyl, alkenyl, benzyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl, 2-(4-morpholinyl)ethyl or (tetrahydropyran-4-yl)methyl; (iii) replacement of the methanone linking group with an ethanone, carboxamide, carboxylate, methylene bridge or methine group; (iv) replacement of the 1-naphthyl ring with 2-naphthyl, phenyl, benzyl, adamantyl, cycloalkyl, cycloalkylmethyl, cycloalkylethyl, bicyclo[2.2.1]heptanyl, 1,2,3,4-tetrahydronaphthyl, quinolinyl, isoquinolinyl, 1-amino-1-oxopropan-2-yl, 1‑hydroxy-1-oxopropan-2-yl, piperidinyl, morpholinyl, pyrrolidinyl, tetrahydropyranyl or piperazinyl. (d) 1-Phenylcyclohexylamine or any compound (not being ketamine, tiletamine or a compound for the time being specified in paragraph 1(a) of Part 1 of this Schedule) structurally derived from 1-phenylcyclohexylamine or 2-amino-2-phenylcyclohexanone by modification in any of the following ways, that is to say, (i) by substitution at the nitrogen atom to any extent by alkyl, alkenyl or hydroxyalkyl groups, or replacement of the amino group with a 1-piperidyl, 1-pyrrolidyl or 1-azepyl group, whether or not the nitrogen containing ring is further substituted by one or more alkyl groups; (ii) by substitution in the phenyl ring to any extent by amino, alkyl, hydroxy, alkoxy or halide substituents, whether or not further substituted in the phenyl ring to any extent; (iii) by substitution in the cyclohexyl or cyclohexanone ring by one or more alkyl substituents; (iv) by replacement of the phenyl ring with a thienyl ring. (e) Any compound (not being a compound for the time being specified in paragraph 1(ba) of Part 1 of this Schedule) structurally derived from 1-benzofuran, 2,3-dihydro-1-benzofuran, 1H-indole, indoline, 1H-indene, or indane by substitution in the 6-membered ring with a 2-ethylamino substituent whether or not further substituted in the ring system to any extent with alkyl, alkoxy, halide or haloalkyl substituents and whether or not substituted in the ethylamino side-chain with one or more alkyl substituents. 2 Any stereoisomeric form of a substance for the time being specified in paragraph 1 of this Part of this Schedule. 2A. Any ester or ether of cannabinol or of a cannabinol derivative or of a substance for the time being specified in paragraph 1(ac), (c), (ca) or (d) of this Part of this Schedule. . 3 Any salt of a substance for the time being specified in paragraph 1 , 2 or 2A of this Part of this Schedule. 4 Any preparation or other product containing a substance or product for the time being specified in any of paragraphs 1 to 3 of this Part of this Schedule, not being a preparation falling within paragraph 6 of Part I of this Schedule. Part III Class C Drugs 1 The following substances, namely:— (a) Adinazolam (1-(8-Chloro-6-phenyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepin-1-yl)-N,N-dimethylmethanamine). Alprazolam. Amineptine Aminorex Bentazepam (5-phenyl-1,3,6,7,8,9-hexahydro-2H-[1]benzothieno[2,3-e][1,4]diazepin-2-one). Bromazepam. Bromazolam (8-bromo-1-methyl-6-phenyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine). 7-bromo-5-(2-chlorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one. Benzphetamine. Bretazenil (tert-butyl-8-bromo-11,12,13,13a-tetrahydro-9-oxo-9H-imidazo[1,5-a]-pyrrolo[2,1-c][1,4]benzodiazepine-1-carboxylate). Brotizolam Buprenorphine Camazepam. ... ... ... Cathine. Cathinone. 4’-Chloro-deschloroalprazolam (6-(4-chlorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine). 4’-Chlorodiazepam (7-Chloro-5-(4-chlorophenyl)-1-methyl-1,3-dihydro-2H-1,4-benzodiazepin-2-one). Chlordiazepoxide. Chlorphentermine. Clobazam. Clobromazolam (8-bromo-6-(2-chlorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine). Clorazepic acid. Clonazepam. Clonazolam (6-(2-Chlorophenyl)-1-methyl-8-nitro-4H-[1,2,4]triazolo[4,3-a][1,4] benzodiazepine). Cloniprazepam (5-(2-chlorophenyl)-1-(cyclopropylmethyl)-7-nitro-1,3-dihydro-2H-1,4-benzodiazepin-2-one). Clotiazepam. Cloxazolam. Delorazepam. Desalkylgidazepam (7-bromo-5-phenyl-1,3-dihydro-2H-1,4-benzodiazepin-2-one). Deschloroclotizolam (2-chloro-9-methyl-4-phenyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine). Deschloroetizolam (2-Ethyl-9-methyl-4-phenyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4] diazepine). Dextropropoxyphene. Diazepam. Diclazepam (7-Chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2H-1,4-benzodiazepin-2-one). Diethylpropion. Difludiazepam (7-chloro-5-(2,6-difluorophenyl)-1-methyl-3H-1,4-benzodiazepin-2-one). Estazolam. Ethchlorvynol. Ethinamate. Ethyl loflazepate. Etizolam. Fencamfamin. Fenethylline. Fenproporex. Flualprazolam (8-chloro-6-(2-fluorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine). Flubromazepam (7-Bromo-5-(2-fluorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one). Flubromazolam (8-Bromo-6-(2-fluorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4] benzodiazepine). Flubrotizolam (2-bromo-4-(2-fluorophenyl)-9-methyl-6H-thieno[3,2f][1,2,4]triazolo[4,3a][1,4]diazepine). Fluclotizolam (2-chloro-4-(2-fluorophenyl)-9-methyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine). Fludiazepam. Fluetizolam (2-ethyl-4-(2-fluorophenyl)-9-methyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine). Flunitrazepam. Flunitrazolam (6-(2-fluorophenyl)-1-methyl-8-nitro-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine). Flurazepam. Fonazepam (5-(2-Fluorophenyl)-7-nitro-1,3-dihydro-2H-1,4-benzodiazepin-2-one). Gidazepam (7-bromo-2,3-dihydro-2-oxo-5-phenyl-1H-1,4-benzodiazepine-1-acetic acid hydrazide). ... Halazepam. Haloxazolam. ... 3-Hydroxyphenazepam (7-Bromo-5-(2-chlorophenyl)-3-hydroxy-1,3-dihydro-2H-1,4-benzodiazepin-2-one). ... Ketazolam. Khat. Loprazolam. Lorazepam. Lormetazepam. Mazindol. Meclonazepam (5-(2-Chlorophenyl)-3-methyl-7-nitro-1,3-dihydro-2H-1,4-benzodiazepin-2-one). Medazepam. Mefenorex. ... Mephentermine. Meprobamate. Mesocarb Methylclonazepam (5-(2-chlorophenyl)-1-methyl-7-nitro-3H-1,4-benzodiazepin-2-one). ... Methyprylone. Metizolam (4-(2-Chlorophenyl)-2-ethyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4] diazepine). Midazolam. Nifoxipam (5-(2-Fluorophenyl)-3-hydroxy-7-nitro-1,3-dihydro-2H-1,4-benzodiazepin-2- one) Nimetazepam. Nitrazepam. Nitrazolam (1-Methyl-8-nitro-6-phenyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine). Nitrous oxide. Nordazepam. Norfludiazepam (7-chloro-5-(2-fluorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one). Oxazepam. Oxazolam. Pemoline. ... Phendimetrazine. Phentermine. Pinazepam. ... ... Prazepam. Pyrazolam (8-Bromo-1-methyl-6-(2-pyridinyl)-4H-[1,2,4]triazolo[4,3-a][1,4] benzodiazepine). ... ... Pyrovalerone. Remimazolam. Rilmazafone (5-([(2-aminoacetyl)amino]methyl)-1-[4-chloro-2-(2-chlorobenzoyl)phenyl]-N,N-dimethyl-1H-1,2,4-triazole-3-carboxamide). Temazepam. Tetrazepam. Thionordazepam (7-chloro-5-phenyl-1,3-dihydro-2H-1,4-benzodiazepin-2-thione). Tramadol. Triazolam. Xylazine. N-Ethylamphetamine. Zaleplon. Zolpidem Zopiclone. (b) 5α–Androstane–3,17–diol. Androst-4-ene-3,17-diol. 1–Androstenediol. 1–Androstenedione 4-Androstene-3, 17-dione 5–Androstenedione. 5-Androstene-3, 17-diol Atamestane. Bolandiol. Bolasterone. Bolazine. Boldenone. Boldione. Bolenol. Bolmantalate. ... Calusterone. 4-Chloromethandienone. Clostebol. Danazol. Desoxymethyltestosterone Dienedione (estra-4, 9-diene-3,17-dione). Drostanolone. Enestebol. Epitiostanol. Ethyloestrenol. Fluoxymesterone. Formebolone. Furazabol. Gabapentin (1-(aminomethyl)cyclohexaneacetic acid). Gestrinone. 3–Hydroxy–5α–androstan–17–one. Mebolazine. Mepitiostane. Mesabolone. Mestanolone. Mesterolone. Methandienone. Methandriol. Methenolone. Methyltestosterone. Metribolone. Mibolerone. Nandrolone. 19–Norandrostenedione. 19-Nor-4-Androstene-3, 17-dione 19–Norandrosterone. 19-Nor-5-Androstene-3, 17-diol Norboletone. Norclostebol. Norethandrolone. 19–Noretiocholanolone. Oripavine. Ovandrotone. Oxabolone. Oxandrolone. Oxymesterone. Oxymetholone. Pipradrol. Prasterone. Pregabalin ((S)-3-(aminomethyl)-5-methylhexanoic acid). Propetandrol. Prostanozol Quinbolone. Roxibolone. Silandrone. Stanolone. Stanozolol. Stenbolone. Testosterone. Tetrahydrogestrinone. Thiomesterone. Trenbolone. (c) any compound (not being Trilostane or a compound for the time being specified in sub-paragraph (b) above) structurally derived from 17-hydroxyandrostan-3-one or from 17-hydroxyestran-3-one by modification in any of the following ways, that is to say, (i) by further substitution at position 17 by a methyl or ethyl group; (ii) by substitution to any extent at one or more of positions 1, 2, 4, 6, 7, 9, 11 or 16, but at no other position; (iii) by unsaturation in the carbocyclic ring system to any extent, provided that there are no more than two ethylenic bonds in any one carbocyclic ring; (iv) by fusion of ring A with a heterocyclic system; (ca) 1–benzylpiperazine or any compound structurally derived from 1–benzylpiperazine or 1–phenylpiperazine by modification in any of the following ways— (i) by substitution at the second nitrogen atom of the piperazine ring with alkyl, benzyl, haloalkyl or phenyl groups; (ii) by substitution in the aromatic ring to any extent with alkyl, alkoxy, alkylenedioxy, halide or haloalkyl groups. (d) any substance which is an ester or ether (or, where more than one hydroxyl function is available, both an ester and an ether) of a substance specified in sub-paragraph (b) or described in sub-paragraph (c) above ...; (e) Chorionic Gonadotrophin (HCG). Clenbuterol. Non-human chorionic gonadotrophin. Somatotropin. Somatrem. Somatropin. Zeranol. Zilpaterol. 2 Any stereoisomeric form of a substance for the time being specified in paragraph 1 of this Part of this Schedule not being phenylpropanolamine. 3 Any salt of a substance for the time being specified in paragraph 1 or 2 of this Part of this Schedule. 4 Any preparation or other product containing a substance for the time being specified in any of paragraphs 1 to 3 of this Part of this Schedule. Part IV Meaning of certain Expressions used in this Schedule For the purposes of this Schedule the following expressions (which are not among those defined in section 37(1) of this Act) have the meanings hereby assigned to them respectively, that is to say— “cannabinol derivatives” means the following substances, except where contained in cannabis or cannabis resin, namely tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives; “coca leaf” means the leaf of any plant of the genusErythroxylonfrom whose leaves cocaine can be extracted either directly or by chemical transformation; “concentrate of poppy-straw” means the material produced when poppy-straw has entered into a process for the concentration of its alkaloids; “khat” means the leaves, stems or shoots of the plant of the species Catha edulis; “medicinal opium” means raw opium which has undergone the process necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with neutral substances; “opium poppy” means the plant of the speciesPapaver somniferum L; “poppy straw” means all parts, except the seeds, of the opium poppy, after mowing; “raw opium” includes powdered or granulated opium but does not include medicinal opium.
Propose a changeSCHEDULE 3 Tribunals, Advisory Bodies and Professional Panels
Section 16. Part I Tribunals Membership 1 (1) A tribunal shall consist of five persons of whom— (a) one shall be (i) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; (ii) an advocate or solicitor in Scotland of at least 5 years’ standing; or (iii) a member of the Bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland of at least 5 years’ standing, appointed by the Lord Chancellor to be the chairman of the tribunal; and (b) the other four shall be persons appointed by the Secretary of State from among members of the respondent’s profession nominated for the purposes of this Schedule by any of the relevant bodies mentioned in sub-paragraph (2) below. (2) The relevant bodies aforesaid are— (a) where the respondent is a doctor, the General Medical Council, the Royal Colleges of Physicians of London and Edinburgh, the Royal Colleges of Surgeons of England and Edinburgh, the Royal College of Physicians and Surgeons (Glasgow), the Royal College of Obstetricians and Gynaecologists, the Royal College of General Practitioners, the Royal Medico-Psychological Association and the British Medical Association; (b) where the respondent is a dentist, the General Dental Council and the British Dental Association; (c) where the respondent is a veterinary practitioner or veterinary surgeon, the Royal College of Veterinary Surgeons and the British Veterinary Association. (2A) The chairman of a tribunal shall vacate his office on the day on which he attains the age of 75. (3) Sub-paragraph (1) above shall have effect in relation to a tribunal in Scotland as if for the reference to the Lord Chancellor there were substituted as reference to the Lord President of the Court of Session. Procedure 2 The quorum of a tribunal shall be the chairman and two other members of the tribunal. 3 Proceedings before a tribunal shall be held in private unless the respondent requests otherwise and the tribunal accedes to the request. 4 (1) Subject to paragraph 5 below, the Lord Chancellor may make rules as to the procedure to be followed, and the rules of evidence to be observed, in proceedings before tribunals, and in particular— (a) for securing that notice that the proceedings are to be brought shall be given to the respondent at such time and in such manner as may be specified by the rules; (b) for determining who, in addition to the respondent, shall be a party to the proceedings; (c) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the tribunal; (d) for enabling any party to the proceedings to be represented by counsel or solicitor. (2) Sub-paragraph (1) above shall have effect in relation to a tribunal in Scotland as if for the reference to the Lord Chancellor there were substituted a reference to the Secretary of State. (3) The power to make rules under this paragraph shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) Where the Scottish Ministers have power to make rules under this paragraph (by virtue of section 16(1A) or otherwise)— (a) sub-paragraph (3) does not apply, and (b) the rules are subject to the negative procedure. 5 (1) For the purpose of any proceedings before a tribunal in England or Wales or Northern Ireland the tribunal may administer oaths and any party to the proceedings may sue out writs of subpoena ad testificandum and duces tecum, but no person shall be compelled under any such writ to give any evidence or produce any document which he could not be compelled to give or produce on the trial of an action. (2) The provisions of section 36 of the Senior Courts Act 1981 , of section 67 of the Judicature (Northern Ireland) Act 1978, or of the Attendance of Witnesses Act 1854 (which provide special procedures for the issue of such writs so as to be in force throughout the United Kingdom) shall apply in relation to any proceedings before a tribunal in England or Wales or, as the case may be, in Northern Ireland as those provisions apply in relation to causes or matters in the High Court or actions or suits pending in the High Court of Justice in Northern Ireland. (3) For the purpose of any proceedings before a tribunal in Scotland, the tribunal may administer oaths and the Court of Session shall on the application of any party to the proceedings have the like power as in any action in that court to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the tribunal. 6 Subject to the foregoing provisions of this Schedule, a tribunal may regulate its own procedure. 7 The validity of the proceedings of a tribunal shall not be affected by any defect in the appointment of a member of the tribunal or by reason of the fact that a person not entitled to do so took part in the proceedings. Financial provisions 8 The Secretary of State may pay to any member of a tribunal fees and travelling and other allowances in respect of his services in accordance with such scales and subject to such conditions as the Secretary of State may determine with the approval of the Treasury. 9 The Secretary of State may pay to any person who attends as a witness before the tribunal sums by way of compensation for the loss of his time and travelling and other allowances in accordance with such scales and subject to such conditions as may be determined as aforesaid. 10 If a tribunal recommends to the Secretary of State that the whole or part of the expenses properly incurred by the respondent for the purposes of proceedings before the tribunal should be defrayed out of public funds, the Secretary of State may if he thinks fit make to the respondent such payments in respect of those expenses as the Secretary of State considers appropriate. 11 Any expenses incurred by a tribunal with the approval of the Secretary of State shall be defrayed by the Secretary of State. Supplemental 12 The Secretary of State shall make available to a tribunal such accommodation, the services of such officers and such other facilities as he considers appropriate for the purpose of enabling the tribunal to perform its functions. Part II Advisory Bodies Membership 13 (1) An advisory body shall consist of three persons of whom— (a) one shall be a person who is of counsel to Her Majesty and is appointed by the Lord Chancellor to be the chairman of the advisory body; and (b) another shall be a person appointed by the Secretary of State, being a member of the respondent’s profession who is an officer of a department of the Government of the United Kingdom; and (c) the other shall be a person appointed by the Secretary of State from among the members of the respondent’s profession nominated as mentioned in paragraph 1 above. (1A) The chairman of an advisory body shall vacate his office on the day on which he attains the age of 75. (2) Sub-paragraph (1) above shall have effect in relation to an advisory body in Scotland as if for the reference to the Lord Chancellor there were substituted a reference to the Lord President of the Court of Session. Procedure 14 The respondent shall be entitled to appear before and be heard by the advisory body either in person or by counsel or solicitor. 15 Subject to the provisions of this Part of this Schedule, an advisory body may regulate its own procedure. Application of provisions of Part I 16 Paragraphs 3, 7, 8 and 10 to 12 of this Schedule shall apply in relation to an advisory body as they apply in relation to a tribunal. Part III Professional Panels Membership 17 A professional panel shall consist of a chairman and two other persons appointed by the Secretary of State from among the members of the respondent’s profession after consultation with such one or more of the relevant bodies mentioned in paragraph 1(2) above as the Secretary of State considers appropriate. Procedure 18 The respondent shall be entitled to appear before, and be heard by, the professional panel either in person or by counsel or solicitor. 19 Subject to the provisions of this Part of this Schedule, a professional panel may regulate its own procedure. Application of provisions of Part I 20 Paragraphs 3, 7 and 8 of this Schedule shall apply in relation to a professional panel as they apply in relation to a tribunal. Part IV Application of Parts I to III to Northern Ireland 21 In the application of Parts I to III of this Schedule to Northern Ireland the provisions specified in the first column of the following Table shall have effect subject to the modifications specified in relation thereto in the second column of that Table. TABLE Provision of this Schedule | Modification Paragraph 1 | In sub-paragraph (1), for the references to any reference to the Secretary of State there shall be substituted a reference to the Minister of Home Affairs for Northern Ireland and for any reference to the Lord Chancellor there shall be substituted a reference to the Northern Ireland Judicial Appointments Commission . Paragraph 4 | In sub-paragraph (1), for the reference to the Lord Chancellor there shall be substituted a reference to the Ministry of Home Affairs for Northern Ireland. For sub-paragraph (3) there shall be substituted— “(3) Any rules made under this paragraph by the Ministry of Home Affairs for Northern Ireland shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.” Paragraphs 8 to 12 | For the references to the Secretary of State and the Treasury there shall be substituted respectively references to the Ministry of Home Affairs for Northern Ireland and the Ministry of Finance for Northern Ireland. Paragraph 13 | In sub-paragraph (1)— (a) for the references to any reference to the Secretary of State there shall be substituted a reference to the Minister of Home Affairs for Northern Ireland and for any reference to the Lord Chancellor there shall be substituted a reference to the Department of Justice in Northern Ireland ; and (b) for the reference to a department of the Government of the United Kingdom there shall be substituted a reference to a department of the Government of Northern Ireland. Paragraph 16 | The references to paragraphs 8 and 10 to 12 shall be construed as references to those paragraphs as modified by this Part of this Schedule. Paragraph 17 | For the reference to the Secretary of State there shall be substituted a reference to the Minister of Home Affairs for Northern Ireland. Paragraph 20 | The reference to paragraph 8 shall be construed as a reference to that paragraph as modified by this Part of this Schedule. After sub-paragraph (2) there shall be inserted— (3) The Department of Justice in Northern Ireland must obtain the concurrence of the Lord Chief Justice of Northern Ireland before exercising his functions under sub-paragraph (1)(a). (4) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (3) (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).
Propose a changeSchedule 4 Prosecution and Punishment of Offences
Section 25. Section Creation Offence | General Nature of Offence | Mode of Prosecution | Punishment Class A drug involved | Class B drug involved | Class C drug involved | General Section 4(2) | Production, or being concerned in the production, of a controlled drug. | (a) Summary | 12 months 6 months or the prescribed sum, or both. | 12 months 6 months or the prescribed sum, or both. | 3 months or £2,500, or both. (b) On indictment | Life or a fine, or both. | 14 years or a fine, or both. | 14 years or a fine, or both. Section 4(3) | Supplying or offering to supply a controlled drug or being concerned in the doing of either activity by another. | (a) Summary | 12 months 6 months or the prescribed sum, or both. | 12 months 6 months or the prescribed sum, or both. | 3 months or £2,500, or both. (b) On indictment | Life or a fine, or both. | 14 years or a fine, or both. | 14 years or a fine, or both. Section 5(2) | Having possession of a controlled drug. | (a) Summary | 12 months 6 months or the prescribed sum, or both. | 3 months or £2,500, or both. | 3 months or £1,000, or both. (b) On indictment | 7 years or a fine, or both. | 5 years or a fine, or both. | 2 years or a fine, or both. Section 5(3) | Having possession of a controlled drug with intent to supply it to another. | (a) Summary | 12 months 6 months or the prescribed sum, or both. | 12 months 6 months or the prescribed sum, or both. | 3 months or £2,500, or both. (b) On indictment | Life or a fine, or both. | 14 years or a fine, or both. | 14 years or a fine, or both. Section 6(2) | Cultivation of cannabis plant. | (a) Summary | 12 months 6 months or the prescribed sum, or both. (b) On indictment | 14 years or a fine, or both. Section 8 | Being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there. | (a) Summary | 12 months 6 months or the prescribed sum, or both. | 12 months 6 months or the prescribed sum, or both. | 3 months or £2,500, or both. (b) On indictment | 14 years or a fine, or both. | 14 years or a fine, or both. | 14 years or a fine, or both. Section 9 | Offences relating to opium. | (a) Summary | 12 months 6 months or the prescribed sum, or both. On indictment | 14 years or a fine, or both. Section 9A. | Prohibition of supply etc. of articles for administering or preparing comtrolled drugs. | Summary | 6 months or level 5 on the standard scale, or both. Section 11(2) | Contravention of directions relating to safe custody of controlled drugs. | (a) summary | 6 months or the prescribed sum, or both. (b) On indictment | 2 years or a fine, or both. Section 12(6) | Contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs. | (a) Summary | 12 months 6 months or the prescribed sum, or both. | 12 months 6 months or the prescribed sum, or both. | 3 months or £2,500, or both. (b) On indictment | 14 years or a fine, or both. | 14 years or a fine, or both. | 14 years or a fine, or both. Section 13(3) | Contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs. | (a) Summary | 12 months 6 months or the prescribed sum, or both. | 12 months 6 months or the prescribed sum, or both. | 3 months or £2,500, or both. (b) On indictment | 14 years or a fine, or both. | 14 years or a fine, or both. | 14 years or a fine, or both. Section 17(3) | Failure to comply with notice requiring information relating to prescribing, supply etc. of drugs. | Summary | level 3 on the standard scale. Section 17(4) | Giving false information in purported compliance with notice requiring information relating to prescribing, supply etc. of drugs. | (a) Summary | 6 months or the prescribed sum, or both. (b) On indictment | 2 years or afine, or both. Section 18(1) | Contravention of regulations (other than regulations relating to addicts). | (a) Summary | 6 months or the prescribed sum, or both (b) On indictment | 2 years or a fine, or both. Section 18(2) | Contravention of terms of licence or other authority (other than licence issued under regulations relating to addicts). | (a) Summary | 6 months or the prescribed sum, or both (b) On indictment | 2 years or a fine, or both. Section 18(3) | Giving false information in purported compliance with obligation to give information imposed under or by virtue of regulations. | (a) Summary | 6 months or the prescribed sum, or both (b) On indictment | 2 years or a fine, or both. Section 18(4) | Giving false information, or producing document etc. containing false statement etc., for purposes of obtaining issue or renewal of a licence or other authority. | (a) Summary | 6 months or the prescribed sum, or both (b) On indictment | 2 years or a fine, or both. Section 20 | Assisting in or inducing commission outside United Kingdom of an offence punishable under a corresponding law. | (a) Summary | 12 months 6 months or the prescribed sum, or both (b) On indictment | 14 years or a fine, or both. Section 23(4) | Obstructing exercise of powers of search etc. or concealing books, drugs etc. | (a) Summary | 6 months or the prescribed sum, or both (b) On indictment | 2 years or a fine, or both.
Propose a changeSCHEDULE 5 Savings and Transitional Provisions
Section 39. 1 (1) Any addiction regulations which could have been made under this Act shall not be invalidated by any repeal effected by this Act but shall have effect as if made under the provisions of this Act which correspond to the provisions under which the regulations were made; and the validity of any licence issued under any such addiction regulations shall not be affected by any such repeal. (2) Any order, rule or other instrument or document whatsoever made or issued, any direction given, and any other thing done, under or by virtue of any of the following provisions of the Dangerous Drugs Act 1967, that is to say section 1(2), 2 or 3 or the Schedule, shall be deemed for the purposes of this Act to have been made, issued or done, as the case may be, under the corresponding provision of this Act; and anything begun under any of the said provisions of that Act may be continued under this Act as if begun under this Act. (3) In this paragraph “addiction regulations” means any regulations made under section 11 of the Dangerous Drugs Act 1965 which include provision for any of the matters for which regulations may be so made by virtue of section 1(1) of the Dangerous Drugs Act 1967. 2 As from the coming into operation of section 3 of this Act any licence granted for the purpose of section 5 of the Drugs (Prevention of Misuse) Act 1964 or sections 2, 3 or 10 of the Dangerous Drugs Act 1965 shall have effect as if granted for the purposes of section 3(2) of this Act. 3 (1) The Secretary of State may at any time before the coming into operation of section 12 of this Act give a direction under subsection (2) of that section in respect of any practitioner or pharmacist whose general authority under the Dangerous Drugs Regulations is for the time being withdrawn; but a direction given by virtue of this sub-paragraph shall not take effect until section 12 comes into operation, and shall not take effect at all if the general authority of the person concerned is restored before that section comes into operation. (2) No direction under section 12(2) of this Act shall be given by virtue of sub-paragraph (1) above in respect of a person while the withdrawal of his general authority under the Dangerous Drugs Regulations is suspended; but where, in the case of any practitioner or pharmacist whose general authority has been withdrawn, the withdrawal is suspended at the time when section 12 comes into operation, the Secretary of State may at any time give a direction under section 12(2) in respect of him by virtue of this sub-paragraph unless the Secretary of State has previously caused to be served on him a notice stating that he is no longer liable to have such a direction given in respect of him by virtue of this sub-paragraph. (3) In this paragraph “the Dangerous Drugs Regulations” means, as regards Great Britain, the Dangerous Drugs (No. 2) Regulations 1964 or, as regards Northern Ireland, the Dangerous Drugs Regulations (Northern Ireland) 1965. 4 Subject to paragraphs 1 to 3 above, and without prejudice to the generality of section 31(1)(c) of this Act, regulations made by the Secretary of State under any provision of this Act may include such provision as the Secretary of State thinks fit for effecting the transition from any provision made by or by virtue of any of the enactments repealed by this Act to any provision made by or by virtue of this Act, and in particular may provide for the continuation in force, with or without modifications, of any licence or other authority issued or having effect as if issued under or by virtue of any of those enactments. 5 For purposes of the enforcement of the enactments repealed by this Act as regards anything done or omitted before their repeal, any powers of search, entry, inspection, seizure or detention conferred by those enactments shall continue to be exercisable as if those enactments were still in force. 6 The mention of particular matters in this Schedule shall not prejudice the general application of section 16 of the Interpretation Act 1978 with regard to the effect of repeals.
Propose a changeSCHEDULE 6 Repeals.
Section 39. Chapter | Short Title | Extent of Repeal 1964 c. 64. | The Drugs (Prevention of Misuse) Act 1964. | The whole Act. 1965 c. 15. | The Dangerous Drugs Act 1965. | The whole Act. 1967 c. 82. | The Dangerous Drugs Act 1967. | The whole Act. 1968 c. 59. | The Hovercraft Act 1968. | Paragraph 6 of the Schedule. 1968 c. 67. | The Medicines Act 1968. | In Schedule 5, paragraphs 14 and 15.
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