The Controlled Drugs (Substances Useful for Manufacture) (Amendment) Regulations 1992
UK Statutory Instrument 1992 No. 2914 — creates 3 criminal offences.
- Made
- 19 November 1992
- In force from
- 1 January 1993
- Extent
- Not stated
- Subject
- Drugs and medicines
- Made under
- European Communities Act 1972
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
The principal purpose of these Regulations is to implement the amendments made to Council Regulation (EEC)3677/90 (“the Community Regulation”) by Council Regulation (EEC) 900/92. The Community Regulation, as amended, includes provision requiring operators concerned in the export of scheduled substances (substances useful for the manufacture of controlled drugs) to obtain export authorisations in respect of such exports. The Community Regulation, by Article 6, 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 orders involving scheduled substances and to enter operators' business premises in order 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. These Regulations amend the Controlled Drugs (Substances Useful for Manufacture) Regulations 1991 (S.I. 1991/1285). They provide that failure to obtain the requisite export authorisation (under Articles 4, 5 and 5a of the Community Regulation) constitutes an offence and set out the penalties applicable to such an offence. They also provide that the power conferred under section 23 of the Misuse of Drugs Act 1971 to enter and search premises in order to investigate suspected offences under that Act shall also be exercisable for the purposes of the execution of Articles 4, 5 and 5a of the Community Regulation.
Offences created by this instrument
- In this regulation, “export” (except where it occurs in paragraph (4) above) and “scheduled substance” have the same… regulation 5 · Status not determined · Mixed — some elements strict, some not
- An operator who fails to comply with any of the requirements imposed by Article 2a of the Community Regulation is… regulation 5B · Status not determined · Strict liability
- An operator who fails to comply with any of the requirements imposed by virtue of regulation 5A above is guilty of an… regulation 5C(1) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 1992