Statutory Rule 1996 No. 353

      Misuse of Drugs (Amendment) Regulations (Northern Ireland) 1996

      © Crown Copyright 1996

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STATUTORY RULES OF NORTHERN IRELAND

1996 No. 353

DANGEROUS DRUGS

Misuse of Drugs (Amendment) Regulations (Northern Ireland) 1996

Made 1st August 1996
Coming into operation 1st September 1996


    The Department of Health and Social Services for Northern Ireland in exercise of the powers conferred by sections 7, 10 and 31 of the Misuse of Drugs Act 1971[1] as adapted by section 38 of that Act and now vested in it[2] and of every other power enabling it in that behalf and after consultation in accordance with section 31(3) of that Act with the Advisory Council on the Misuse of Drugs, hereby makes the following Regulations:—
    Citation and commencement
        1.    These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 1st September 1996.
    Interpretation
        2.    The Interpretation Act (Northern Ireland) 1954[3] shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.
    Amendment of the Misuse of Drugs (Northern Ireland) Regulations 1986
        3.—(1)  The Misuse of Drugs (Northern Ireland) Regulations 1986[4] shall be amended as follows:—

        (2)  In that part of the index (Arrangement of Regulations) to the regulations headed "SCHEDULES", after the reference to SCHEDULE 3, there shall be inserted—

          "SCHEDULE 4 Part I controlled drugs excepted from the prohibition on possession when in the form of a medicinal product; excluded from the application of offences arising from the prohibition on importation and exportation when imported or exported in the form of a medicinal product by any persons for administration to himself, and subject to the requirements of regulations 22, 23, 25 and 26."

    and after the existing reference to "SCHEDULE 4" there shall be inserted the words "Part II".
        (3)  In regulation 4(1), there shall be substituted for the words "Schedules 4 and 5" the words "Part II of Schedule 4 and Schedule 5".

        (4)  After regulation 4(1), there shall be inserted—

          "(1A)  The application of section 3(1) of the Act insofar as it creates an offence and of sections 50(1) to (4), 68(2) and (3) or 170 of the Customs and Excise Management Act 1979[5] insofar 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 case of importation or exportation by any person for administration to himself of any drug specified in Part I of Schedule 4 which is contained in a medicinal product." .

        (5)  After Schedule 3 there shall be inserted—

      SCHEDULE 4
      Regulation 3


      Part I


        "CONTROLLED DRUGS EXCEPTED FROM THE PROHIBITION ON POSSESSION WHEN IN THE FORM OF A MEDICINAL PRODUCT; EXCLUDED FROM THE APPLICATION OF OFFENCES ARISING FROM THE PROHIBITION ON IMPORTATION AND EXPORTATION WHEN IMPORTED OR EXPORTED IN THE FORM OF A MEDICINAL PRODUCT BY ANY PERSON FOR ADMINISTRATION TO HIMSELF; AND SUBJECT TO THE REQUIREMENTS OF REGULATIONS 22, 23, 25 AND 26.

            1.    The following substances, namely—
        Atamestane Methenolone
        Bolandiol Methyltestosterone
        Bolasterone Metribolone
        Bolazine Mibolerone
        Boldenone Nandrolone
        Bolenol Norboletone
        Bolmantalate Norclostebol
        Calusterone Norethandrolone
        4-Chloromethandienone Ovandrotone
        Clostebol Oxabolone
        Drostanolone Oxandrolone
        Enestebol Oxymesterone
        Epitiostanol Oxymetholone
        Ethyloestrenol Prasterone
        Fluoxymesterone Propetandrol
        Formebolone Quinbolone
        Furazabol Roxibolone
        Mebolazine Silandrone
        Mepitiostane Stanolone
        Mesabolone Stanozolol
        Mestanolone Stenbolone
        Mesterolone Testosterone
        Methandienone Thiomesterone
        Methandriol Trenbolone


            2.    Any compound (not being Trilostane or a compound for the time being specified in paragraph 1 of this Part of the Schedule) 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,

          (a)  by further substitution at position 17 by a methyl or ethyl group;

          (b)  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;

          (c)  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;

          (d)  by fusion of ring A with a heterocyclic system.


            3.    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 paragraph 1 or described in paragraph 2 of this Part of this Schedule.

            4.    The following substances namely—


        Chorionic Gonadotrophin (HCG)


        Clenbuterol


        Non-human chorionic gonadotrophin


        Somatotropin


        Somatrem


        Somatropin

            5.    Any stereoisomeric form of a substance specified or described in any of paragraphs 1 to 4 of this Part of this Schedule.

            6.    Any salt of a substance specified or described in any of paragraphs 1 to 5 of this Part of this Schedule.

            7.    Any preparation or other product containing a substance or product specified or described in any of paragraphs 1 to 6 of this Part of this Schedule, not being a preparation specified in Schedule 5.

        (6)  The existing Schedule 4 shall be renamed "SCHEDULE 4 PART II".


Sealed with the Official Seal of the Department of Health and Social Services
on 1st August 1996.

L.S.
D. A. Baker

Assistant Secretary






EXPLANATORY NOTE

(This note is not part of the Regulations.)

    These Regulations amend the Misuse of Drugs (Northern Ireland) Regulations 1986 by adding a new Part I to Schedule 4 comprising a list of anabolic and androgenic steroids and derivatives; an andrenoceptor stimulant; and polypeptide hormones. These drugs became subject to control under the Misuse of Drugs Act 1971 by virtue of the Misuse of Drugs Act 1971 (Modification) Order 1996 (S.I. 1996/1300). The controls applied are the same as for drugs currently contained in Schedule 4 (now Schedule 4 Part II) except that the Schedule 4 Part I drugs are not exempted from the prohibition on importation or exportation in section 3 of the Act but the application of offences arising from the prohibition is excluded where the importation or exportation is in the form of a medicinal product by any person for administration to himself.


ISBN 0 337 92313 2



Notes:

[1] 1971 c. 38 back

[2] By S.R. & O. (N.I.) 1973 No. 504 art. 5(a) back

[3] 1954 c. 33 (N.I.) back

[4] S.R. 1986 No. 52; as amended by S.R. 1987 No. 68, S.R. 1988 No. 206, S.R. 1989 No. 346, S.R. 1991 No. 1, S.R. 1995 No. 305 and S.R. 1995 No. 480 back

[5] 1979 c. 2 back

 
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