Statutory Instruments
2018 No. 1383
Dangerous Drugs
The Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) (England and Wales and Scotland) Regulations 2018
Made
17th December 2018
Laid before Parliament
19th December 2018
Coming into force
1st April 2019
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 7, 10, 22 and 31 of the Misuse of Drugs Act 1971( 1 ).
In accordance with section 31(3) of that Act the Secretary of State has consulted with the Advisory Council on the Misuse of Drugs.
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) (England and Wales and Scotland) Regulations 2018 and come into force on the 1st April 2019.
(2) These Regulations extend to England and Wales and Scotland.
Amendments to the Misuse of Drugs Regulations 2001
2. —(1)The Misuse of Drugs Regulations 2001( 2 ) are amended as follows.
(2) In paragraph 1(a) of Schedule 3 (controlled drugs subject to the requirements of regulations 14, 15, 16, 18, 22, 23, 24, 26 and 27)—
(a) after “Flunitrazepam” insert—
| “ Gabapentin (1–(aminomethyl)cyclohexaneacetic acid) ” ; |
(b) after “Pipradrol” insert—
| “ Pregabalin (( S ) – 3–(aminomethyl)-5-methylhexanoic acid) ” . |
(3) In paragraph 3 of Schedule 3, for “Any ester or ether of pipradrol.” substitute—
“ Any—
(a) ester or ether of pipradrol; or
(b) ester of gabapentin (1–(aminomethyl)cyclohexaneacetic acid) or pregabalin (( S ) – 3–(aminomethyl)-5-methylhexanoic acid). ” .
Amendment to the Misuse of Drugs (Safe Custody) Regulations 1973
3. —(1)The Misuse of Drugs (Safe Custody) Regulations 1973( 3 ) are amended as follows.
(2) In paragraph 1 of Schedule 1 (exempted drugs), for “the Misuse of Drugs Regulations 1985” substitute “the Misuse of Drugs Regulations 2001”.
(3) In paragraph 3 of Schedule 1—
(a) after sub-paragraph (d), insert—
“ (da) Gabapentin (1–(aminomethyl)cyclohexaneacetic acid) ” ;
(b) after sub-paragraph (j), insert—
“ (jaa) Pregabalin ( (S)– 3–(aminomethyl)-5-methylhexanoic acid) ” ;
(c) for sub-paragraph (k), substitute—
“ (k) Any ester of gabapentin (1–(aminomethyl)cyclohexaneacetic acid) or pregabalin (( S ) – 3–(aminomethyl)-5-methylhexanoic acid).
(ka) Any stereoisomeric form of a substance specified in any of paragraphs (a) to (k) above. ” ;
(d) in sub-paragraph (l), for “(k)” substitute “(ka)”.
Victoria Atkins
Minister of State
Home Office
17th December 2018
1971 c. 38 . Section 22 was amended by paragraph 12 of Schedule 4 to the Customs and Excise Management Act 1979 (c. 2) . Other amendments have been made to sections 7, 10, 22 and 31 that are not relevant to these Regulations.
S.I. 2001/3998 . Relevant amending instruments are S.I. 2003/2429 , 2004/1031 , 2004/1771 , 2005/271 , 2005/2864 , 2006/986 , 2006/1450 , 2006/2178 , 2007/2154 , 2011/2581 , 2012/973 , 2012/1311 , 2012/1916 , 2013/235 , 2014/1275 , 2015/891 and 2018/682 .
S.I. 1973/798 . Relevant amending instruments are S.I. 1986/2332 , 1999/1403 , 2007/2154 and 2014/1275 .