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STATUTORY RULES OF NORTHERN IRELAND


2005 No. 564

DANGEROUS DRUGS

The Misuse of Drugs and the Misuse of Drugs (Notification of and Supply to Addicts) (Amendment) Regulations (Northern Ireland) 2005

  Made 14th December 2005 
  Coming into operation 16th January 2006 

The Department of Health, Social Services and Public Safety makes the following Regulations in exercise of the powers conferred upon it by sections 7, 10, 22 and 31 of the Misuse of Drugs Act 1971[1], as adapted by section 38 of that Act and now vested in it[2].

     In accordance with section 31(3) of that Act it has consulted with the Advisory Council on the Misuse of Drugs.

Citation and commencement
     1. These Regulations may be cited as the Misuse of Drugs and the Misuse of Drugs (Notification of and Supply to Addicts) (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 16th January 2006.

Interpretation
    
2. The Interpretation Act (Northern Ireland) 1954[3] 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
     3. The Misuse of Drugs Regulations (Northern Ireland) 2002[4] shall be amended in accordance with regulations 4 to 14.

     4. —(1) For the definition of "extended formulary nurse prescriber"[5] in regulation 2(2) (interpretation) substitute—

    (2) For the definition of "register" in regulation 2(2) substitute—

     5. In regulation 6A(1)[8] (supply of articles for administering or preparing controlled drugs) after sub-paragraph (e) insert—

     6. After regulation 6A there shall be inserted—

     7. For regulation 7(4) and (5)[9] (administration of drugs in Schedules 2, 3, 4 and 5) substitute—

     8. For regulation 8(7)[10] (production and supply of drugs in Schedules 2 and 5) substitute—

     9. For regulation 9(7)[11] (production and supply of drugs in Schedules 3 and 4) substitute—

     10. —(1) For regulation 15(1)(a) (form of prescriptions) substitute—

    (2) Paragraphs (1)(b) and (2) of regulation 15 are revoked.

    
11. —(1) For regulation 20(d) (requirements as to registers) substitute—

    (2) In regulation 20(g) after "relates" insert "and, where the register is in computerised form, be accessible from those premises".

    
12. After regulation 24 (preservation of records relating to drugs in Schedules 3 and 5) insert—

     13. In Regulation 26 (furnishing of information with respect to controlled drugs) after paragraph (1) insert—

     14. In Schedule 5, paragraph 2 is revoked.

Amendment of the Misuse of Drugs (Notification of and Supply to Addicts) (Northern Ireland) Regulations 1973
    
15. For regulation 4(3)(a) of the Misuse of Drugs (Notification to and Supply to Addicts) (Northern Ireland) Regulations 1973[12] substitute—



Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on


14th December 2005.

L.S.


Deirdre Kenny
A senior officer of the Department of Health, Social Services and Public Safety


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations further amend the Misuse of Drugs Regulations (Northern Ireland) 2002 ("the 2002 Regulations"). Regulation 4 amends the definition of extended formulary nurse prescriber (EFNPs) and the definition of register. Regulation 5 inserts a new regulation 6A(1)(f) into the 2002 Regulations, enabling certain persons to supply ascorbic acid for the purpose of administering or preparing controlled drugs. Regulation 6 inserts a new regulation 6B into the 2002 Regulations and specifies which controlled drugs EFNPs can prescribe in which circumstances. Regulation 7 substitutes new regulation 7(4) and (5) into the 2002 Regulations and provides that EFNPs can administer, and persons can administer in accordance with the directions of an EFNP, any drug which EFNPs are permitted to prescribe under new Regulation 6B of the 2002 Regulations so long as it is administered for a purpose for which it may be prescribed under that Regulation. Regulations 8 and 9 substitute new regulations 8(7) and 9(7) into the 2002 Regulations and specify which controlled drugs EFNPs can supply in which circumstances.

Regulation 10 amends regulation 15 of the 2002 Regulations to enable prescriptions to be written in any form, including typing, printing and any other mode of reproducing words in a visible form, with only the signature necessarily being handwritten.

Regulation 11 amends regulation 20 of the 2002 Regulations to provide that registers can be kept in a computerised form which is in accordance with specified best practice guidance. Regulation 12 inserts a new regulation 24A into the 2002 Regulations to provide that records may be preserved in a computerised form which is in accordance with specified best practice guidance. Regulation 13 amends regulation 26 of the 2002 Regulations to enable the Department or an authorised person to request that a register which is kept in computerised form be produced by sending a copy of it in computerised form to the appropriate person.

Regulation 14 revokes paragraph 2 of Schedule 5 to the 2002 Regulations, removing any preparation of cocaine containing not more than 0.1% of cocaine from the exception from the prohibition on importation, exportation and possession. Regulation 15 makes a consequential amendment to the Misuse of Drugs (Notification of and Supply to Addicts) (Northern Ireland) Regulations 1973.


Notes:

[1] 1971 c. 38. Section 22 of that Act was amended by Section 177(1) of, and paragraph 12 of Schedule 4 to, the Customs and Excise Management Act 1979 (c. 2)back

[2] S.R. & O. (N.I.) 1973 No. 504; Article 5(a) and S.I. 1999/283 (N.I. 1); Article 3(6)back

[3] 1954 c. 33 (N.I.)back

[4] S.R. 2002 No. 1; the relevant amending Regulations are S.R. 2003 Nos. 324 and 420back

[5] The definition of "extended formulary nurse prescriber" was inserted by regulation 3(2)(a) of the Misuse of Drugs (Amendment) (No. 3) Regulations 2003back

[6] S.I. 1997/1830, to which there are amendments not relevant to these Regulationsback

[7] 1977 c. 49back

[8] Regulation 6A was inserted by S.R. 2003 No. 324back

[9] Regulation 7(4) and (5) was inserted by S.R. 2003 No. 420back

[10] Regulation 8(7) was inserted by S.R. No. 420back

[11] Regulation 9(7) was inserted by S.R. No. 420back

[12] S.R. & O (N.I.) 1973 No. 180 to which there is an amendment not relevant to these Regulationsback



ISBN 0 337 96304 5


 © Crown copyright 2005

Prepared 12 January 2006


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