Office of Public Sector Information
(1)Where a person who is a practitioner or pharmacist has after the coming into operation of this subsection been convicted—
(a)of an offence under this Act or under the M1Dangerous Drugs Act 1965 or any enactment repealed by that act; or
(b)of an offence under section 45, 56 or 304 of the M2Customs and Excise Act 1952 [F1or under section 50, 68 or 170 of the Customs and Excise Management Act 1979] in connection with a prohibition of or restriction on importation or exportation of a controlled drug having effect by virtue of section 3 of this Act or which had effect by virtue of any provision contained in or repealed by the M3Dangerous Drugs Act 1965,
[F2(c)of an offence under section 12 or 13 of the Criminal Justice (International Co-operation) Act 1990;]
the Secretary of State may give a direction under subsection (2) below in respect of that person.
(2)A direction under this subsection in respect of a person shall—
(a)if that person is a practitioner, be a direction prohibiting him from having in his possession, prescribing administering, manufacturing, compounding and supplying and from authorising the administration and supply of such controlled drugs as may be specified in the direction;
(b)if that person is a pharmacist, be a direction prohibiting him from having in his possession, manufacturing, compounding and supplying and from supervising and controlling the manufacture, compounding and supply of such controlled drugs as may be specified in the direction.
(3)The Secretary of State may at any time give a direction cancelling or suspending any direction given by him under subsection (2) above, or cancelling any direction of his under this subsection by which a direction so given is suspended.
(4)The Secretary of State shall cause a copy of any direction given by him under this section to be served on the person to whom it applies, and shall cause notice of any such direction to be published in the London, Edinburgh and Belfast Gazettes.
(5)A direction under this section shall take effect when a copy of it is served on the person to whom it applies.
(6)It is an offence to contravene a direction given under subsection (2) above.
(7)In section 80 of the Medicines Act 1968 M4 (under which a body corporate carrying on a retail pharmacy business may be disqualified for the purpose of Part IV of that Act and have its premises removed from the register kept under section 75 of that Act, where that body or any member of the board of that body or any officer or any employee of that body is convicted of an offence under any relevant Acts as defined in subsection (5)), for the words “and this Act” in subsection (5) there shall be substituted the words “this Act and the Misuse of Drugs Act 1971”.
F1Words inserted by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), Sch. 4 para. 8
F2S. 12(1)(c) inserted (prosp.) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), ss. 23(2), 32(2)
C1S. 12(1)(a) extended (E.W.) by Criminal Attempts Act 1981 (c. 47, SIF 39:1), s. 7(3) and (N.I.) by S.I. 1983/1120 (N.I. 13), art. 6(3)(a)
C2S. 12(6) saved by (E.W.) Criminal Law Act 1977 (c. 45), Sch. 5 para. 1(2)(b)(v) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 7B para. 1(2)(b)(v)
C3The text of ss. 12(7), 39(2) and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M11965 c. 15.
M21952 c. 44.
M31965 c. 15.
M41968 c. 67
(1)In the event of a contravention by a doctor of regulations made in pursuance of paragraph (h) or (i) of section 10(2) of this Act, or of the terms of a licence issued under regulations made in pursuance of the said paragraph (i), the Secretary of State may, subject to and in accordance with section 14 of this Act, give a direction in respect of the doctor concerned prohibiting him from prescribing, administering and supplying and from authorising the administration and supply of such controlled drugs as may be specified in the direction.
(2)If the Secretary of State is of the opinion that a practitioner is or has after the coming into operation of this subsection been prescribing, administering or supplying or authorising the administration or supply of any controlled drugs in an irresponsible manner, the Secretary of State may, subject to and in accordance with section 14 or 15 of this Act, give a direction in respect of the practitioner concerned prohibiting him from prescribing, administering and supplying and from authorising the administration and supply of such controlled drugs as may be specified in the direction.
(3)A contravention such as is mentioned in subsection (1) above does not as such constitute an offence, but it is an offence to contravene a direction given under subsection (1) or (2) above.
C1S. 13(3) saved by (E.W.) Criminal Law Act 1977 (c. 45), Sch. 5 para. 1(2)(b)(vi) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 7B para. 1(2)(b)(vi)
(1)If the Secretary of State considers that there are grounds for giving a direction under subsection (1) of section 13 of this Act on account of such a contravention by a doctor as is there mentioned, or for giving a direction under subsection (2) of that section on account of such conduct by a practitioner as is mentioned in the said subsection (2), he may refer the case to a tribunal constituted for the purpose in accordance with the following provisions of this Act; and it shall be the duty of the tribunal to consider the case and report on it to the Secretary of State.
(2)In this Act “the respondent”, in relation to a reference under this section, means the doctor or other practitioner in respect of whom the reference is made.
(3)Where—
(a)in the case of a reference relating to the giving of a direction under the said subsection (1), the tribunal finds that there has been no such contravention as aforesaid by the respondent or finds that there has been such a contravention but does not recommend the giving of a direction under that subsection in respect of the respondent; or
(b)in the case of a reference relating to the giving of a direction under the said subsection (2), the tribunal finds that there has been no such conduct as aforesaid by the respondent or finds that there has been such conduct by the respondent but does not recommend the giving of a direction under the said subsection (2) in respect of him,
the Secretary of State shall cause notice to that effect to be served on the respondent.
(4)Where the tribunal finds—
(a)in the case of a reference relating to the giving of a direction under the said subsection (1), that there has been such a contravention as aforesaid by the respondent; or
(b)in the case of a reference relating to the giving of a direction under the said subsection (2), that there has been such conduct as aforesaid by the respondent,
and considers that a direction under the subsection in question should be given in respect of him, the tribunal shall include in its report a recommendation to that effect indicating the controlled drugs which it considers should be specified in the direction or indicating that the direction should specify all controlled drugs.
(5)Where the tribunal makes such a recommendation as aforesaid, the Secretary of State shall cause a notice to be served on the respondent stating whether or not he proposes to give a direction pursuant thereto, and where he does so propose the notice shall—
(a)set out the terms of the proposed direction; and
(b)inform the respondent that consideration will be given to any representations relating to the case which are made by him in writing to the Secretary of State within the period of twenty-eight days beginning with the date of service of the notice.
(6)If any such representations are received by the Secretary of State within the period aforesaid, he shall refer the case to an advisory body constituted for the purpose in accordance with the following provisions of this Act; and it shall be the duty of the advisory body to consider the case and to advise the Secretary of State as to the exercise of his powers under subsection (7) below.
(7)After the expiration of the said period of twenty-eight days and, in the case of a reference to an advisory body under subsection (6) above, after considering the advice of that body, the Secretary of State may either—
(a)give in respect of the respondent a direction under subsection (1) or, as the case may be, subsection (2) of section 13 of this Act specifying all or any of the controlled drugs indicated in the recommendation of the tribunal; or
(b)order that the case be referred back to the tribunal, or referred to another tribunal constituted as aforesaid; or
(c)order that no further proceedings under this section shall be taken in the case.
(8)Where a case is referred or referred back to a tribunal in pursuance of subsection (7) above, the provisions of subsections (2) to (7) above shall apply as if the case had been referred to the tribunal in pursuance of subsection (1) above, and any finding, recommendation or advice previously made or given in respect of the case in pursuance of those provisions shall be disregarded.
(1)If the Secretary of State considers that there are grounds for giving a direction under subsection (2) of section 13 of this Act in respect of a practitioner on account of such conduct by him as is mentioned in that subsection and that the circumstances of the case require such a direction to be given with the minimum of delay, he may, subject to the following provisions of this section, give such a direction in respect of him by virtue of this section; and a direction under section 13(2) given by virtue of this section may specify such controlled drugs as the Secretary of State thinks fit.
(2)Where the Secretary of State proposes to give such a direction as aforesaid by virtue of this section, he shall refer the case to a professional panel constituted for the purpose in accordance with the following provisions of this Act; and
(a)it shall be the duty of the panel, after affording the respondent an opportunity of appearing before and being heard by the panel, to consider the circumstances of the case, so far as known to it, and to report to the Secretary of State whether the information before the panel appears to it to afford reasonable grounds for thinking that there has been such conduct by the respondent as is mentioned in section 13(2) of this Act; and
(b)the Secretary of State shall not by virtue of this section give such a direction as aforesaid in respect of the respondent unless the panel reports that the information before it appears to it to afford reasonable grounds for so thinking.
(3)In this Act “the respondent”, in relation to a reference under subsection (2) above, means the practitioner in respect of whom the reference is made.
(4)Where the Secretary of State gives such a direction as aforesaid by virtue of this section he shall, if he has not already done so, forthwith refer the case to a tribunal in accordance with section 14(1) of this Act.
(5)Subject to subsection (6) below, the period of operation of a direction under section 13(2) of this Act given by virtue of this section shall be a period of six weeks beginning with the date on which the direction takes effect.
(6)Where a direction under section 13(2) of this Act has been given in respect of a person by virtue of this section and the case has been referred to a tribunal in accordance with section 14(1), the Secretary of State may from time to time, by notice in writing served on the person to whom the direction applies, extend or further extend the period of operation of the direction for a further twenty-eight days from the time when that period would otherwise expire, but shall not so extend or further extend that period without the consent of that tribunal, or, if the case has been referred to another tribunal in pursuance of section 14(7) of this Act, of that other tribunal.
(7)A direction under section 13(2) of this Act given in respect of a person by virtue of this section shall (unless previously cancelled under section 16(3) of this Act) cease to have effect on the occurrence of any of the following events, that is to say—
(a)the service on that person of a notice under section 14(3) of this Act relating to his case;
(b)the service on that person of a notice under section 14(5) of this Act relating to his case stating that the Secretary of State does not propose to give a direction under section 13(2) of this Act pursuant to a recommendation of the tribunal that such a direction should be given;
(c)the service on that person of a copy of such a direction given in respect of him in pursuance of section 14(7) of this Act;
(d)the making of an order by the Secretary of State in pursuance of section 14(7) that no further proceedings under section 14 shall be taken in the case;
(e)the expiration of the period of operation of the direction under section 13(2) given by virtue of this section.
(1)The provisions of Schedule 3 to this Act shall have effect with respect to the constitution and procedure of any tribunal, advisory body or professional panel appointed for the purposes of section 14 or 15 of this Act, and with respect to the other matters there mentioned.
(2)The Secretary of State shall cause a copy of any order or direction made or given by him in pursuance of section 14(7) of this Act or any direction given by him by virtue of the said section 15 to be served on the person to whom it applies and shall cause notice of any such direction, and a copy of any notice served under section 15(6) of this Act, to be published in the London, Edinburgh and Belfast Gazettes.
(3)The Secretary of State may at any time give a direction—
(a)cancelling or suspending any direction given by him in pursuance of section 14(7) of this Act or cancelling any direction of his under this subsection by which a direction so given is suspended; or
(b)cancelling any direction given by him by virtue of section 15 of this Act,
and shall cause a copy of any direction of his under this subsection to be served on the person to whom it applies and notice of it to be published as aforesaid.
(4)A direction given under section 13(1) or (2) of this Act or under subsection (3) above shall take effect when a copy of it is served on the person to whom it applies.
(1)If it appears to the Secretary of State that there exists in any area in Great Britain a social problem caused by the extensive misuse of dangerous or otherwise harmful drugs in that area, he may by notice in writing served on any doctor or pharmacist practising in or in the vicinity of that area, or on any person carrying on a retail pharmacy business within the meaning of the M1Medicines Act 1968 at any premises situated in or in the vicinity of that area, require him to furnish to the Secretary of State, with respect to any such drugs specified in the notice and as regards any period so specified, such particulars as may be so specified relating to the quantities in which and the number and frequency of the occasions on which those drugs—
(a)in the case of a doctor, were prescribed, administered or supplied by him;
(b)in the case of a pharmacist, were supplied by him; or
(c)in the case of a person carrying on a retail pharmacy business, were supplied in the course of that business at any premises so situated which may be specified in the notice.
(2)A notice under this section may require any such particulars to be furnished in such manner and within such time as may be specified in the notice and, if served on a pharmacist or person carrying on a retail pharmacy business, may require him to furnish the names and addresses of doctors on whose prescriptions any dangerous or otherwise harmful drugs to which the notice relates were supplied, but shall not require any person to furnish any particulars relating to the identity of any person for or to whom any such drug has been prescribed, administered or supplied.
(3)A person commits an offence if without reasonable excuse (proof of which shall lie on him) he fails to comply with any requirement to which he is subject by virtue of subsection (1) above.
(4)A person commits an offence if in purported compliance with a requirement imposed under this section he gives any information which he knows to be false in a material particular or recklessly gives any information which is so false.
(5)In its application to Northern Ireland this section shall have effect as if for the references to Great Britain and the Secretary of State there were substituted respectively references to Northern Ireland and the Ministry of Home Affairs for Northern Ireland.
(1)It is an offence for a person to contravene any regulations made under this Act other than regulations made in pursuance of section 10(2)(h) or (i).
(2)It is an offence for a person to contravene a condition or other term of a licence issued under section 3 of this Act or of a licence or other authority issued under regulations made under this Act, not being a licence issued under regulations made in pursuance of section 10(2)(i).
(3)A person commits an offence if, in purported compliance with any obligation to give information to which he is subject under or by virtue of regulations made under this Act, he gives any information which he knows to be false in a material particular or recklessly gives any information which is so false.
(4)A person commits an offence if, for the purpose of obtaining, whether for himself or another, the issue or renewal of a licence or other authority under this Act or under any regulations made under this Act, he—
(a)makes any statement or gives any information which he knows to be false in a material particular or recklessly gives any information which is so false; or
(b)produces or otherwise makes use of any book, record or other document which to his knowledge contains any statement or information which he knows to be false in a material particular.
It is an offence for a person [F1 [F2to attempt to commit an offence under any other provision of this Act or to incite or attempt] to incite another to commit such an offence][F1to incite another to commit an offence under any other provision of this Act].
F1Words commencing “to incite” substituted (N.I.) for words commencing “to attempt” by S.I. 1983/1120, (N.I. 13), art. 6(3)(b)
F2Words repealed (E.W.) by Criminal Attempts Act 1981 (c. 47, SIF 39:1), Sch. Pt. I
A person commits an offence if in the United Kingdom he assists in or induces the commission in any place outside the United Kingdom of an offence punishable under the provisions of a corresponding law in force in that place.
Where any offence under this Act [F1or Part II of the Criminal Justice (International Co-operation) Act 1990 [F2or section 49 of the Drug Trafficking Act 1994 [F3or Article 47 of the Proceeds of Crime (Northern Ireland) Order 1996]]] committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against accordingly.
F1Words inserted (1.7.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 23(3); S.I. 1991/1072, art. 2, Sch. Pt. II
F2Words inserted (3.2.1995) by 1994 c. 37, ss. 65, 69(2), Sch. 1 para. 3
F3Words in s. 21 inserted (25.8.1996) by S.I. 1996/1299 (N.I. 9), art. 57(1), Sch. 3 para.1
The Secretary of State may by regulations make provision—
(a)for excluding in such cases as may be prescribed—
(i)the application of any provision of this Act which creates an offence; or
(ii)the application of any of the following provisions of [F1the Customs and Excise Management Act 1979, that is to say sections 50(1) to (4), 68(2) and (3) and 170], 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 this Act;
(b)for applying any of the provisions of sections 14 to 16 of this Act and Schedule 3 thereto, with such modifications (if any) as may be prescribed—
(i)in relation to any proposal by the Secretary of State to give a direction under section 12(2) of this Act; or
(ii)for such purposes of regulations under this Act as may be prescribed;
(c)for the application of any of the provisions of this Act or regulations or orders thereunder to servants or agents of the Crown, subject to such exceptions, adaptations and modifications as may be prescribed.
F1Words substituted by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(1), Sch. 4 para. 12 Table Pt. I
(1)A constable or other person authorised in that behalf by a general or special order of the Secretary of State (or in Northern Ireland either of the Secretary of State or the Ministry of Home Affairs for Northern Ireland) shall, for the purposes of the execution of this Act, have power to enter the premises of a person carrying on business as a producer or supplier of any controlled drugs and to demand the production of, and to inspect, any books or documents relating to dealings in any such drugs and to inspect any stocks of any such drugs.
(2)If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of this Act or of any regulations made thereunder, the constable may—
(a)search that person, and detain him for the purpose of searching him;
(b)search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control of the vehicle or vessel to stop it;
(c)seize and detain, for the purposes of proceedings under this Act, anything found in the course of the search which appears to the constable to be evidence of an offence under this Act.
In this subsection “vessel” includes a hovercraft within the meaning of the M1Hovercraft Act 1968; and nothing in this subsection shall prejudice any power of search or any power to seize or detain property which is exercisable by a constable apart from this subsection.
(3)If a justice of the peace (or in Scotland a justice of the peace, a magistrate or a sheriff) is satisfied by information on oath that there is reasonable ground for suspecting—
(a)that any controlled drugs are, in contravention of this Act or of any regulations made thereunder, in the possession of a person on any premises; or
(b)that a document directly or indirectly relating to, or connected with, a transaction or dealing which was, or an intended transaction or dealing which would if carried out be, an offence under this Act, or in the case of a transaction or dealing carried out or intended to be carried out in a place outside the United Kingdom, an offence against the provisions of a corresponding law in force in that place, is in the possession of a person on any premises,
he may grant a warrant authorising any constable acting for the police area in which the premises are situated at any time or times within one month from the date of the warrant, to enter, if need be by force, the premises named in the warrant, and to search the premises and any persons found therein and, if there is reasonable ground for suspecting that an offence under this Act has been committed in relation to any controlled drugs found on the premises or in the possession of any such persons, or that a document so found is such a document as is mentioned in paragraph (b) above, to seize and detain those drugs or that document, as the case may be.
[F1(3A)The powers conferred by subsection (1) above shall be exercisable also for the purposes of the execution of Part II of the Criminal Justice (International Co-operation) Act 1990 [F2or section 49 of the Drug Trafficking Act 1994 [F3or Article 47 of the Proceeds of Crime (Northern Ireland) Order 1996]] and subsection (3) above (excluding paragraph (a)) shall apply also to offences under section 12 or 13 of that Act [F4of 1990], taking references in those provisions to controlled drugs as references to scheduled substances within the meaning of that Part.]
(4)A person commits an offence if he—
(a)intentionally obstructs a person in the exercise of his powers under this section; or
(b)conceals from a person acting in the exercise of his powers under subsection (1) above any such books, documents, stocks or drugs as are mentioned in that subsection; or
(c)without reasonable excuse (proof of which shall lie on him) fails to produce any such books or documents as are so mentioned where their production is demanded by a person in the exercise of his power under that subsection.
(5)In its application to Northern Ireland subsection (3) above shall have effect as if the words “acting for the police area in which the premises are situated” were omitted.
F1S. 23(3A) inserted (1.7.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 23(4); S.I. 1991/1072, art. 2, Sch. Pt. II
F2Words in s. 23(3A) inserted (3.2.1995) by 1994 c. 37, s. 65, Sch. 1 para.4(a)
F3Words in s. 23(3A) inserted (25.8.1996) by S.I. 1996/1299 (N.I. 9), art. 57(1), Sch. 3 para.2
F4Words in s. 23(3A) inserted (3.2.1995) by 1994 c. 37, s. 65, Sch. 1 para. 4(b)
C1Functions of Ministry of Home Affairs for Northern Ireland transferred to Department of Health and Social Services for Northern Ireland by S.R. & O. (N.I.) 1973 No. 504, art. 5, Sch. 2 Pt. I
C2S. 23(1)(3) extended (with modifications) (6.10.1993) by S.I. 1993/2166, reg. 8(2).
C3S. 23(2)(3): Power of seizure extended (prosp.) by 2001 c. 16, ss. 50, 51, 55, 138(2)-(4), Sch. 1 Pt. I para. 14
s. 23(2)(3): power of seizure extended (prosp.) by 2001 c. 16, ss. 51-54, 68, 138(2)-(4), Sch. 1 Pt. II para. 77
M11968 c. 59.
F1S. 24 repealed by virtue of Police and Criminal Evidence Act 1984 (c. 60, SIF 95, 47), s. 119, Sch. 7 Pt. I and S.I. 1989/1341 (N.I. 12), art. 90(2)(3), Sch. 7 Pt. I
(1)Schedule 4 to this Act shall have effect, in accordance with subsection (2) below, with respect to the way in which offences under this Act are punishable on conviction.
(2)In relation to an offence under a provision of this Act specified in the first column of the Schedule (the general nature of the offence being described in the second column)—
(a)the third column shows whether the offence is punishable on summary conviction or on indictment or in either way;
(b)the fourth, fifth and sixth columns show respectively the punishments which may be imposed on a person convicted of the offence in the way specified in relation thereto in the third column (that is to say, summarily or on indictment) according to whether the controlled drug in relation to which the offence was committed was a Class A drug, a Class B drug or a Class C drug; and
(c)the seventh column shows the punishments which may be imposed on a person convicted of the offence in the way specified in relation thereto in the third column (that is to say, summarily or on indictment), whether or not the offence was committed in relation to a controlled drug and, if it was so committed, irrespective of whether the drug was a Class A drug, a Class B drug or a Class C drug;
and in the fourth, fifth, sixth and seventh columns a reference to a period gives the maximum term of imprisonment and a reference to a sum of money the maximum fine.
(3)An offence under section 19 of this Act shall be punishable on summary conviction, on indictment or in either way according to whether, under Schedule 4 to this Act, the substantive offence is punishable on summary conviction, in indictment or in either way; and the punishments which may be imposed on a person convicted of an offence under that section are the same as those which, under that Schedule, may be imposed on a person convicted of the substantive offence.
In this subsection “the substantive offence” means the offence under this Act to which [F1the attempt or, as the case may be], the incitement [F1or attempted incitement] mentioned in section 19 was directed.
(4)Notwithstanding anything in [F2section 127(1) of the Magistrates’ Courts Act 1980], a magistrates’ court in England and Wales may try an information for an offence under this Act if the information was laid at any time within twelve months from the commission of the offence.
(5)Notwithstanding anything in [F3section 331 of the M1Criminal Procedure (Scotland) Act 1975] (limitation of time for proceedings in statutory offences) summary proceedings in Scotland for an offence under this Act may be commenced at any time within twelve months from the time when the offence was committed, and subsection (2) of the said section 23 shall apply for the purposes of this subsection as it applies for the purposes of that section.
(6)Notwithstanding anything in [F4Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981], a magistrates’ court in Northern Ireland may hear and determine a complaint for an offence under [F5section 17(3) of] this Act if the complaint was made at any time within twelve months from the commission of the offence.
F1Words repealed (E.W.) by Criminal Attempts Act 1981 (c. 47, SIF 39:1), Sch. Pt. I and (N.I.) by S.I. 1983/1120 (N.I. 13), Sch.
F2Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 102
F3Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460(1)(b)
F4Words commencing “Article 19(1)” substituted (N.I.) for words commencing “section 34” by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 20
F5Words inserted by S.I. 1980/704, Sch. 1 Pt. II para. 60
M11975 c. 21.
Misuse of Drugs Act 1971