Correspondence

Circular 018/2015: consolidation of the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2001

Published 20 May 2015

© Crown copyright 2015

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Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015 (S.I. 2015/704)

Dear Sir/Madam,

  1. This Circular draws attention to the contents of the above Statutory Instrument (SI), S.I. 2015/704, which comes into force at 00:01 on Sunday 31 May 2015.

  2. The Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015 consolidates the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2001 (the 2001 Order) and the thirteen statutory instruments that have amended the 2001 Order since 2001 with the effect that from 31 May 2015 the 2001 Order ceases to have effect. The consolidation of these instruments does not introduce new legislation.

  3. The SI together with explanatory memorandum is available at www.legislation.gov.uk. They are also published by The Stationery Office. Telephone orders/General enquiries 0870 600 5522 or online at https://www.tso.co.uk.

  4. The Misuse of Drugs Act 1971 (the 1971 Act) controls drugs that are ‘dangerous or otherwise harmful’, primarily under a 3-tier system of classification (Classes A, B and C) which provides a framework within which criminal penalties are set with reference to the harm a drug has, or is capable of having, when misused and the type of illegal activity undertaken in regard to that drug. The control and classification of drugs is predicated on an assessment of their respective harms and is made in accordance with recommendations of the Advisory Council on the Misuse of Drugs.

  5. The Misuse of Drugs Regulations 2001 (as amended) (S.I. 2001/3998) regulates the availability of controlled drugs by placing them in 1 of 5 schedules to the Regulations according to their recognised uses as medicines or research compounds. The Schedule into which a drug is placed primarily dictates the extent to which it is lawful to import, export, produce, supply and administer and possess the drug and also imposes requirements around prescription writing, record keeping, labeling and safe custody.

  6. Section 7(3) of the 1971 Act requires the Secretary of State to make regulations to allow drugs controlled under the 1971 Act to be used for medicinal purposes. Section 7(3) does not apply to any drug designated by order under section 7(4) of the 1971 Act as a drug which has no legitimate medicinal use beyond limited use in scientific research, which is enabled under a Home Office licence. Drugs designated under Section 7(4) of the 1971 Act are placed in Part 1 of the 2001 Order and listed in Schedule 1 to the 2001 Regulations, which means they are subject to the strictest levels of control. These drugs can only be made available for use under a Home Office licence for “research or other special purpose”. Part 2 of the 2001 Designation Order lists drugs to which section 7(4) of the 1971 Act does not apply.

  7. The 2001 Order is being consolidated to bring the various statutory instruments into one concise document as part of the Government’s Red Tape Challenge programme, which is aimed at tidying up legislative provisions in order to make the law easier to follow.

Yours faithfully,

Des Niimoi
Drugs and Alcohol Unit
Home Office

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