The Controlled Drugs (Substances Useful for Manufacture) Regulations 1991

• Citation: S.I. 1991/1285
• Sections: 7

Section 1

(1) These Regulations may be cited as the Controlled Drugs (SubstancesUseful for Manufacture) Regulations 1991 and shall come into force on1st July 1991.

(2) These Regulations are made under section 2(2) of the 1972 Act andsection 13 of the 1990 Act , subject to the following exceptions:

(a) regulations 3 to 6 are made under section 2(2) of the 1972 Actalone; and

(b) regulation 7 is made under section 13 of the 1990 Act alone.

Section 2

In these Regulations:

“the 1972 Act” means the European Communities Act 1972;

“the 1979 Act ” means the Customs and Excise Management Act 1979 ;

“the 1990 Act” means the Criminal Justice (International Co-operation) Act 1990;

“the Community Regulation ” means Council Regulation ( EEC ) No. 3677/90 , and“operator” has the same meaning as in that Regulation.

Section 3

Subject to regulations 4 and 6 below:

(a) the obligations imposed on operators by Articles 2(2) and (3), 4 and5 of the Community Regulation and by virtue of regulation 5 below shallbe treated as if they were requirements imposed on them by regulationsmade under section 13(1) of the 1990 Act; and

(b) section 13(2) of the 1990 Act shall apply for the purposes of theseRegulations as if the reference in that subsection to the requisitenotification were a reference to notification in accordance with Article4 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 countriesas may be specified in the regulations were references to the Annex tothe Community Regulation and to any country outside the EuropeanEconomic Community, respectively.

Section 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, GoodFriday and any day which, under the Banking and Financial Dealings Act1971 , is a bank holiday in England and Wales.

Section 5

(1) An operator who is concerned in an export, import or transitoperation involving a scheduled substance shall ensure that he has thedocumentation 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 Regulationshall be complied with by the operator mentioned in paragraph (1) ofthis regulation, and in that Article the words“the competent authorities” shall be taken as a reference to the Secretary of State.

Section 6

Where a person is convicted of an offence contrary to section 68 ofthe 1979 Act or section 13(5) of the 1990 Act as a result of theapplication of regulation 3 above:

(a) section 68(1) 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 theword“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) 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 thewords“6 months” there were substituted the words“3 months”.

Section 7

A person who produces or supplies a scheduled substance specified inTable 1 in Schedule 2 to the 1990 Act shall:

(a) make a record of each quantity of such scheduled substance producedor supplied by him, as the case may be; and

(b) preserve all records made under this regulation for a period of notless than two years from the end of the calendar year in which theproduction 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 .