Misuse of Drugs Regulations 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 2066/1985 |
| Year | 1985 |
1985 No. 2066
DANGEROUS DRUGS
The Misuse of Drugs Regulations 198519thDecember 1985
15thJanuary 1986
1stApril 1986
ARRANGEMENT OF REGULATIONS
1. Citation and commencement.
2. Interpretation.
3. Specification of controlled drugs for purposes of Regulations.
4. Exceptions for drugs in Schedules 4 and 5 and poppy-straw.
5. Licences to produce etc. controlled drugs.
6. General authority to supply and possess.
7. Administration of drugs in Schedules 2, 3, 4 and 5.
8. Production and supply of drugs in Schedules 2 and 5.
9. Production and supply of drugs in Schedules 3 and 4.
10. Possession of drugs in Schedules 2, 3 and 4.
11. Exemption for midwives.
12. Cultivation under licence of Cannabis plant.
13. Approval of premises for cannabis smoking for research purposes.
14. Documents to be obtained by supplier of controlled drugs.
15. Form of prescriptions.
16. Provisions as to supply on prescription.
17. Exemption for certain prescriptions.
18. Marking of bottles and other containers.
19. Record-keeping requirements in respect of drugs in Schedules 1 and 2.
20. Requirements as to registers.
21. Record-keeping requirements in respect of drugs in Schedule 2 in particular cases.
22. Record-keeping requirements in respect of drugs in Schedules 3 and 4.
23. Preservation of registers, books and other documents.
24. Preservation of records relating to drugs in Schedules 3 and 5.
25. Furnishing of information with respect to controlled drugs.
26. Destruction of controlled drugs.
27. Revocations.
SCHEDULES
SCHEDULE 1 — Controlled drugs subject to the requirements of Regulations 14, 15, 16, 18, 19, 20, 23, 25 and 26.
SCHEDULE 2 — Controlled drugs subject to the requirements of Regulations 14, 15, 16, 18, 19, 20, 21, 23, 25 and 26.
SCHEDULE 3 — Controlled drugs subject to the requirements of Regulations 14, 15, 16, 18, 22, 23, 24, 25 and 26.
SCHEDULE 4 — Controlled drugs excepted from the prohibition on importation, exportation and, when in the form of a medicinal product, possession and subject to the requirements of Regulations 22, 23, 25 and 26.
SCHEDULE 5 — Controlled drugs excepted from the prohibition on importation, exportation and possession and subject to the requirements of Regulations 24 and 25.
SCHEDULE 6 — Form of Register.
SCHEDULE 7 — Regulations revoked.
In pursuance of sections 7, 10, 22 and 31 of the Misuse of Drugs Act 1971(a), after consultation with the Advisory Council on the Misuse of Drugs, I hereby make the following Regulations:—
Citation and commencement
1. These Regulations may be cited as the Misuse of Drugs Regulations 1985 and shall come into operation on 1st April 1986.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires, the expression—
"the Act" means the Misuse of Drugs Act 1971(b);
"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 Regulations 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;
(a) 1971 c.38.
(b) Section 37(1) (interpretation) of the Act was amended by section 52 of the Criminal Law Act 1977 (c.45).
"document" has the same meaning as in Part I of the Civil Evidence Act 1968(a);
"health prescription" means a prescription issued by a doctor or a dentist either under the National Health Service Act 1977(b), the National Health Service (Scotland) Act 1978(c), the Health and Personal Social Services (Northern Ireland) Order 1972(d) 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(e);
"master" and "seamen" have the same meanings as in the Merchant Shipping Act 1894(f);
"medicinal product" has the same meaning as in the Medicines Act 1968(g);
"the Merchant Shipping Acts" means the Merchant Shipping Acts 1894 to 1984;
"officer of customs and excise" means an officer within the meaning of the Customs and Excise Management Act 1979(h);
"prescription" means a prescription issued by a doctor 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;
"register" means a bound book and does not include any form of loose leaf register or card index;
"registered pharmacy" has the same meaning as in the Medicines Act 1968;
"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;
"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 thereto; 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.
(a) 1968 c.64.
(b) 1977 c.49.
(c) 1978 c.29.
(d) S.I. 1972/1265 (N.I. 14).
(e) 1971 c.61; section 1 of the Act was substituted by section 24 of the Oil and Gas (Enterprise) Act 1982 (c.23).
(f) 1894 c.60.
(g) 1968 c.67.
(h) 1979 c.2.
Specification of controlled drugs for purposes of Regulations
3. Schedules 1 to 5 shall have effect for the purpose of specifying the controlled drugs to which certain provisions of these Regulations apply.
Exceptions for drugs in Schedules 4 and 5 and poppy-straw
4.—(1) Section 3(1) of the Act (which prohibits the importation and exportation of controlled drugs) shall not have effect in relation to the drugs specified in Schedules 4 and 5.
(2) Section 5(1) of the Act (which prohibits the possession of controlled drugs) shall not have effect in relation to—
(a) any drug specified in Schedule 4 which is contained in a medicinal product;
(b) the drugs specified in Schedule 5.
(3) Sections 4(1) (which prohibits the production and supply of controlled drugs) and 5(1) of the Act shall not have effect in relation to poppy-straw.
Licences to produce etc. controlled drugs
5. Where any person is authorised by a licence of the Secretary of State issued under this Regulation and for the time being in force to produce, supply, offer to supply or have in his possession any controlled drug, it shall not by virtue of section 4(1) or 5(1) of the Act be unlawful for that person to produce, supply, offer to supply or have in his possession that drug in accordance with the terms of the licence and in compliance with any conditions attached to the licence.
General authority to supply and possess
6.—(1) Notwithstanding the provisions of section 4(1)(b) of the Act, any person who is lawfully in possession of a controlled drug may supply that drug to the person from whom he obtained it.
(2) Notwithstanding the provisions of section 4(1)(b) of the Act, any person who has in his possession a drug specified in Schedule 2, 3, 4 or 5 which has been supplied by or on the prescription of a practitioner for the treatment of that person, or of a person whom he represents, may supply that drug to any doctor, dentist or pharmacist for the purpose of destruction.
(3) Notwithstanding the provisions of section 4(1)(b) of the Act, any person who is lawfully in possession of a drug specified in Schedule 2, 3, 4 or 5 which has been supplied by or on the prescription of a veterinary practitioner or veterinary surgeon for the treatment of animals may supply that drug to any veterinary practitioner, veterinary surgeon or pharmacist for the purpose of destruction.
(4) It shall not by virtue of section 4(1)(b) or 5(1) of the Act be unlawful for any person in respect of whom a licence has been granted and is in force under section 16(1) of the Wildlife and Countryside Act 1981(a) to supply, offer to supply or have in his possession any drug specified in Schedule 3 for the purposes for which that licence was granted.
(5) Notwithstanding the provisions of section 4(1)(b) of the Act, any of the persons specified in paragraph (7) may supply any controlled drug to any person who may lawfully have that drug in his possession.
(6) Notwithstanding the provisions of section 5(1) of the Act, any of the persons so specified may have any controlled drug in his possession.
(7) The persons referred to in paragraphs (5) and (6) are—
(a) a constable when acting in the course of his duty as such;
(b) a person engaged in the business of a carrier when acting in the course of that business;
(c) a person engaged in the business of the Post Office when acting in the course of that business;
(d) an officer of customs and excise when acting in the course of his duty as such;
(e) a person engaged in the work of any laboratory to which the drug has been sent for forensic examination when acting in the course of his duty as a person so engaged;
(f) a person engaged in conveying the drug to a person who may lawfully have that drug in his possession.
Administration of drugs in Schedules 2, 3, 4 and 5
7.—(1) Any person may administer to another any drug specified in Schedule 5.
(2) A doctor or dentist may adminster to a patient any drug specified in Schedule 2, 3 or 4.
(3) Any person other than a doctor or dentist may administer to a patient, in accordance with the directions of a doctor or dentist, any drug specified in Schedule 2, 3 or 4.
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