The Misuse of Drugs (Amendment) Regulations (Northern Ireland) 2021

Made: 28th July 2021

Coming into operation: 18th August 2021

The Department of Health[^f00001] makes the following Regulations in exercise of the powers conferred by sections 7, 10 and 31 of the Misuse of Drugs Act 1971[^f00002] as adapted by sections 7(9), 31(4) and 38 of that Act and now vested in it[^f00003] and after consultation with the Advisory Council on the Misuse of Drugs in accordance with section 31(3) of that Act.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations (Northern Ireland) 2021 and shall come into operation on 18th August 2021.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00004] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment of the Misuse of Drugs Regulations (Northern Ireland) 2002

2

• (1) The following amendments are made to Schedule 1 to the Misuse of Drugs Regulations (Northern Ireland) 2002[^f00005] (which specifies controlled drugs that are subject to the requirements of regulations 14, 15, 16, 18, 19, 20, 23, 26 and 27 of those Regulations).

• (2) In paragraph 1(a)—

• (a) after “Etryptamine” insert “Flualprazolam (8-chloro-6-(2-fluorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)”;

• (b) after “Flubromazolam (8-Bromo-6-(2-fluorophenyl)-1-methyl-4H -[1,2,4]triazolo[4,3-a][1,4] benzodiazepine)” insert “Flunitrazolam (6-(2-fluorophenyl)-1-methyl-8-nitro-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)”;

• (c) after “Nitrazolam (1-Methyl-8-nitro-6-phenyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)” insert “Norfludiazepam (7-chloro-5-(2-fluorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one)”.

Signed

Sealed with the Official Seal of the Department of Health on 28th July 2021

Cathy Harrison — A senior officer of the Department of Health

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Misuse of Drugs Regulations (Northern Ireland) 2002 (S.R. 2002 No. 1) (“the Regulations”).

Regulation 2 adds three benzodiazepines, being the compounds known as flualprazolam, flunitrazolam and norfludiazepam, to Schedule 1 to the Regulations. The Schedule of the Regulations in which a controlled drug is placed affects the extent to which the drug can be lawfully imported, exported, produced, supplied or possessed. The controlled drugs placed in Schedule 1 to the Regulations are those subject to the tightest controls, requiring a licence from the Department of Health in order to access such drugs.

Footnotes

[^f00001]: Formerly the Department of Health, Social Services and Public Safety; see 2016 c. 5 (N.I.), s. 1(5)

[^f00002]: 1971 c. 38 as amended by section 151 of, and Schedule 17 to, the Police Reform and Social Responsibility Act 2011 c.13

[^f00003]: S.R. & O. (N. I.) 1973 No. 504, Article 5(a) and S.I. 1999/283 (N.I. 1), Article 3(6)

[^f00004]: 1954 c. 33 (N.I.)

[^f00005]: S.R. 2002 No. 1, relevant amending Regulations are S.R. 2020 Nos. 104 and 73, S.R. 2019 Nos. 208 and 21, S.R. 2018 Nos. 173 and 4, S.R. 2016. No.29, S.R. 2015 Nos. 227 and 53, S.R. 2014 Nos. 261, 158 and 21, S.R. 2013 No. 78, S.R. 2012 No. 213, S.R. 2011 No. 153, S.R. 2010 Nos. 247 and 148, S.R. 2009 No. 390, S.R. 2007 No. 348 and S.R. 2005 No. 360