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STATUTORY INSTRUMENTS
1991No. 1285
DANGEROUS DRUGS
The Controlled Drugs (Substances Useful for Manufacture) Regulations
1991
Made
30th May 1991
Laid before Parliament
7th June 1991
Coming into force
1st July 1991
In exercise of the powers conferred upon me by section 2(2) of the
European Communities Act 1972[1]
and by section 13 of the Criminal Justice (International
Co-operation) Act 1990[2]
, in accordance with regulation 1(2) below, I hereby make
the following Regulations:
1.—(1) These Regulations may be cited as the Controlled Drugs (Substances
Useful for Manufacture) Regulations 1991 and shall come into force on
1st July 1991.
(2) These Regulations are made under section 2(2) of the 1972 Act and
section 13 of the 1990 Act, subject to the following exceptions:
(a) regulations 3 to 6 are made under section 2(2) of the 1972 Act
alone; and
(b) regulation 7 is made under section 13 of the 1990 Act alone.
2. In these Regulations:
"the 1972 Act" means the European Communities Act 1972;
"the 1979 Act" means the Customs and Excise Management Act 1979[3]
;
"the 1990 Act" means the Criminal Justice (International Co-operation) Act 1990;
"the Community Regulation" means Council Regulation (EEC) No. 3677/90[4]
, and"operator"
has the same meaning as in that Regulation.
3. Subject to regulations 4 and 6 below:
(a) the obligations imposed on operators by Articles 2(2) and (3), 4 and
5 of the Community Regulation and by virtue of regulation 5 below shall
be treated as if they were requirements imposed on them by regulations
made under section 13(1) of the 1990 Act; and
(b) section 13(2) of the 1990 Act shall apply for the purposes of these
Regulations as if the reference in that subsection to the requisite
notification were a reference to notification in accordance with Article
4 of the Community Regulation, and as if the references in paragraph (a)
of that subsection to Schedule 2 to the 1990 Act and to such countries
as may be specified in the regulations were references to the Annex to
the Community Regulation and to any country outside the European
Economic Community, respectively.
4. In Article 4 of the Community Regulation:
(a) the words"the competent authorities of the Member State"
shall be taken as a reference to the Secretary of State; and
(b) the period referred to by the words"15 working days"
shall be taken to exclude Saturdays, Sundays, Christmas Day, Good
Friday and any day which, under the Banking and Financial Dealings Act
1971[5]
, is a bank holiday in England and Wales.
5.—(1) An operator who is concerned in an export, import or transit
operation involving a scheduled substance shall ensure that he has the
documentation required by Article 2(1) of the Community Regulation.
In this paragraph,"export"
,"import"
,"scheduled substance"
and"transit"
have the same meanings as in the Community Regulation.
(2) The obligations imposed by Article 2(4) of the Community Regulation
shall be complied with by the operator mentioned in paragraph (1) of
this regulation, and in that Article the words"the competent authorities"
shall be taken as a reference to the Secretary of State.
6. Where a person is convicted of an offence contrary to section 68 of
the 1979 Act or section 13(5) of the 1990 Act as a result of the
application of regulation 3 above:
(a) section 68(1)[6]
of the 1979 Act shall have effect as if after the word"greater"
there were added the words"but not exceeding the statutory maximum"
;
(b) section 68(3)(a) of the 1979 Act shall have effect as if after the
word"greater"
there were added the words"but not exceeding the statutory maximum"
, and for the words"6 months"
there were substituted the words"3 months"
;
(c) section 68(3)(b)[7]
of the 1979 Act shall have effect as if for the words"7 years"
there were substituted the words"2 years"
;
(d) section 13(5)(a) of the 1990 Act shall have effect as if for the
words"6 months"
there were substituted the words"3 months"
.
7. A person who produces or supplies a scheduled substance specified in
Table 1 in Schedule 2 to the 1990 Act shall:
(a) make a record of each quantity of such scheduled substance produced
or supplied by him, as the case may be; and
(b) preserve all records made under this regulation for a period of not
less than two years from the end of the calendar year in which the
production or supply, as the case may be, took place.
In this regulation,"produce"
and"supply"
have the same meanings as in the Misuse of Drugs Act 1971[8]
.
Kenneth Baker
One of Her Majesty's Principal Secretaries of State Home Office
These Regulations, subject to one exception referred to below,
implement Council Regulation (EEC) 3677/90 ("the Community Regulation"
). The Community Regulation requires Member States to adopt within
the framework of their domestic law the measures necessary to enable the
competent authorities (in the United Kingdom, this phrase refers to the
Secretary of State)
to obtain information on any orders for or operations involving
scheduled substances (substances useful for the manufacture of
controlled drugs)
and to enter operators' business premises to obtain evidence of
irregularities. It also requires Member States to determine the
penalties to be applied for infringement of the provisions of the
Community Regulation.
The Community Regulation itself provides for the documentation,
recording and labelling of scheduled substances. It also requires that
the proposed exportation of certain scheduled substances is notified to
the competent authorities in advance of such exportation.
These Regulations provide that requirements of the Community
Regulation are to be treated as if they were requirements of
regulations made under section 13(1) of the Criminal Justice (International
Co-operation) Act 1990 ("the 1990 Act"
). Section 23 of the 1990 Act provides for rights of entry and
search of premises in order to investigate suspected breaches of
regulations made under section 13(1) of that Act. The 1990 Act also
provides for penalties for breaches of such Regulations. These
Regulations therefore enable breaches of the Community Regulation to be
investigated and penalised within the framework of the 1990 Act, except
that the penalties for breaches of the Community Regulation are in
certain respects lower than those provided for under the 1990 Act.
Regulation 7 of these Regulations does not implement the Community
Regulation and is made under section 13(1) of the 1990 Act alone. It
provides for the recording of the production and supply of scheduled
substances. The penalty for breach of this regulation is that provided
for under the 1990 Act.
ISBN 0 11 014285 3
Notes:
[1] 1972 c. 68. The Secretary of State is the designated
Minister for the purpose of these Regulations by virtue of S.I. 1981/1536
and 1983/1706. back