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In force since 2023-11-08, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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9 provisions
Title and introductory text
2023 No. 1099
Dangerous Drugs
The Misuse of Drugs (England and Wales and Scotland) (Amendment) Regulations 2023
Made
16th October 2023
Laid before Parliament
18th October 2023
Coming into force
8th November 2023
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 7(1)(b), 10(1), 22(1)(a) and 31(1)(a) of the Misuse of Drugs Act 1971.
In accordance with section 31(3) of that Act the Secretary of State has consulted the Advisory Council on the Misuse of Drugs.
Propose a change1 Citation, commencement, interpretation and extent
(1) These Regulations may be cited as the Misuse of Drugs (England and Wales and Scotland) (Amendment) Regulations 2023 and come into force on 8th November 2023.
(2) In these Regulations “the 2001 Regulations” means the Misuse of Drugs Regulations 2001.
(3) These Regulations extend to England and Wales and Scotland.
Propose a change2 Amendment of the Misuse of Drugs Regulations 2001
The 2001 Regulations are amended in accordance with regulations 3 to 8 below.
Propose a change3 Amendment of regulation 2
In regulation 2(1) (interpretation), insert the following definitions in the appropriate places—
“medical purposes” means the purposes of preventative medicine, medical diagnosis, medical research or the provision of medical care and treatment;
;
“nitrous oxide” includes any preparation or other product containing nitrous oxide;
.
Propose a change4 Amendment of regulation 4
In regulation 4 (exceptions for drugs in Schedules 4 and 5 and poppy straw)—
(a) in paragraph (1) after “Schedule 5” insert “except nitrous oxide”;
(b) in sub-paragraph (b) of paragraph (3) after “Schedule 5” insert “except nitrous oxide”.
Propose a change5 New regulation 4C
After regulation 4B (exceptions for gamma-butyrolactone and 1,4-butanediol), insert—
Exemptions for nitrous oxide
4C. (1) The application of section 3(1) (which prohibits the importation and exportation of controlled drugs) of the Act, in so far as it creates an offence, and the application of sections 50(1) to (4), 68(2) and (3) or 170 of the Customs and Excise Management Act 1979, in so far as they apply in relation to a prohibition or restriction on importation or exportation having effect by virtue of section 3 of the Act, are hereby excluded in the cases of importation or exportation of nitrous oxide except where a person imports or exports the substance and—
(a) intends to wrongfully inhale it; or
(b) knows, or is reckless as to whether, it is likely to be wrongfully inhaled by some other person.
(2) Notwithstanding the provisions of section 4(1)(a) (which prohibits the production of controlled drugs) of the Act, any person may produce nitrous oxide except where the person—
(a) intends to wrongfully inhale it; or
(b) knows, or is reckless as to whether, it is likely to be wrongfully inhaled by some other person.
(3) Notwithstanding the provisions of section 4(1)(b) (which prohibits the supply of controlled drugs) of the Act any person may—
(a) supply, including by way of administration, nitrous oxide, except where the person knows, or is reckless as to whether, it is likely to be wrongfully inhaled by a person; or
(b) offer to supply nitrous oxide, except where the person knows, or is reckless as to whether, if the substance were supplied in accordance with the offer, it would be likely to be wrongfully inhaled by any person.
(4) Notwithstanding the provisions of section 5(1) (which prohibits the possession of controlled drugs) of the Act any person may possess nitrous oxide except where the person—
(a) intends to wrongfully inhale it; or
(b) intends to supply it to another person for its wrongful inhalation by any person.
(5) In this regulation references to wrongful inhalation mean any inhalation other than—
(a) for medical or dental purposes; or
(b) of nitrous oxide which has been released into the atmosphere.
.
Propose a change6 Amendment of regulation 7
In regulation 7(1) (administration of drugs in Schedules 2, 3, 4 and 5), after “Schedule 5” insert “except nitrous oxide”.
Propose a change7 Amendment of regulation 10
In regulation 10 (possession of drugs in Schedules 2, 3 and 4)—
(a) in the heading, for “and 4” substitute “, 4 and nitrous oxide”;
(b) after sub-paragraph (e) of paragraph (1), insert—
(f) a person specified in sub-paragraph (f) of regulation 8(2) may have nitrous oxide in his possession,
;
(c) in paragraph (3), after “have” insert “nitrous oxide or”;
(d) in sub-paragraph (a) of paragraph (4), after “possession” insert “nitrous oxide or”.
Propose a change8 Amendment of Schedule 5
In Schedule 5 (controlled drugs excepted from the prohibition on importation, exportation and possession and subject to the requirements of regulations 24 and 26)—
(a) in the heading, after “possession” insert “(apart from nitrous oxide)”;
(b) after paragraph 10 insert—
11. Nitrous oxide.
.
Propose a change