Citation, commencement and extent

1. —(1) These Regulations may be cited as the Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2011 and shall come into force on 28th March 2011.

(2) These Regulations extend to England, Wales and Scotland.

Amendments to the Misuse of Drugs Regulations 2001

2.The Misuse of Drugs Regulations 2001( 2 ) shall be amended as follows.

3. For regulation 4B, substitute—

“ Exceptions for gamma–butyrolactone and 1,4–butanediol

4B —(1) Gamma–butyrolactone and 1,4–butanediol are excepted from sections 3(1) (import and export), 4(1) (production and supply) and 5(1) (possession) of the Act save where a person imports, exports, produces, supplies or offers to supply either substance, or has either substance in his possession, knowing or believing that it will be used for the purpose of human ingestion whether by himself or another person other than as a flavouring in food.

(2) In this regulation references to gamma–butyrolactone include—

(a) any salt of gamma–butyrolactone; and

(b) any preparation or other product containing gamma–butyrolactone or a substance specified in sub–paragraph (a) of this paragraph.

(3) In this regulation references to 1,4-butanediol include—

(a) any substance which is an ester or ether or both an ester and ether of 1,4‑butanediol;

(b) any salt of 1,4–butanediol or of a substance specified in sub–paragraph (a) of this paragraph; and

(c) any preparation or other product containing 1,4–butanediol or a substance specified in sub–paragraph (a) or (b) of this paragraph. ”

4. In paragraph 1(a) of Schedule 1 (which specifies controlled drugs subject to the requirements of regulations 14, 15, 16, 18, 19, 20, 23, 26 and 27) omit “4‑methylmethcathinone”.

5. In paragraph 1 of Schedule 2 (which specifies controlled drugs subject to the requirements of regulations 14, 15, 16, 18, 19, 20, 21, 23, 26 and 27)—

(a) after “Alphaprodine”, insert “Amineptine”; and

(b) after “Sufentanil”, insert “Tapentadol”.

Revocations

6.Regulation 3 of the Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2009( 3 ) is revoked.

7. Paragraph (a) of regulation 3 of the Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2010( 4 ) is revoked.