Draft Order in Council laid before Parliament under section 2(5) of the Misuse of Drugs Act 1971, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2022 No.

Dangerous Drugs

The Misuse of Drugs Act 1971 (Amendment) Order 2022

Made

** 2022

Coming into force

** 2022

At the Court at Buckingham Palace, the *** day of *** 2022

Present,

The Queen’s Most Excellent Majesty in Council

In accordance with section 2(5) of the Misuse of Drugs Act 1971(1), a draft of this Order has been laid before Parliament on the recommendation of the Advisory Council on the Misuse of Drugs and approved by a resolution of each House of Parliament.

Accordingly, Her Majesty, in exercise of the powers conferred on Her by section 2(2) of that Act, is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation, commencement and extent

1.—(1) This Order may be cited as the Misuse of Drugs Act 1971 (Amendment) Order 2022 and comes into force twenty-eight days after the day on which it is made.

(2) This Order extends to England and Wales, Scotland and Northern Ireland.

Amendments to the Misuse of Drugs Act 1971

2.—(1) The following amendments are made to Schedule 2 to the Misuse of Drugs Act 1971.

(2) In paragraph 1(a) of Part 2 (which specifies the drugs which are subject to control under that Act as Class B drugs)(2)—

(a)after “N-Benzyl-ethylphenidate.” insert “1,4-Butanediol.”;

(b)after “Ethylphenidate.” insert “Gamma-butyrolactone.”;

(c)after “Glutethimide.” insert “4-Hydroxy-n-butyric acid.”.

(3) In paragraph 1(a) of Part 3 (which specifies the drugs which are subject to control under that Act as Class C drugs)(3)—

(a)omit “Gamma-butyrolactone”;

(b)omit “4-Hydroxy-n-butyric acid”.

(4) In paragraph 1(b) of Part 3(4) omit “1,4-Butanediol.”.

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order reclassifies 1,4-Butanediol (1,4-BD), Gamma-butyrolactone (GBL) and 4-Hydroxy-n-butyric acid (GHB) from Class C to Class B drugs for the purposes of control under the Misuse of Drugs Act 1971 (c. 38).

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is submitted alongside the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk. Copies may be obtained from the Home Office at 2 Marsham Street, London, SW1P 4DF.

(2)

Relevant amending instruments are S.I. 1985/1995, 2017/634.

(3)

Relevant amending instruments are S.I. 2003/1243, 2009/3209.

(4)

Amended by S.I. 2009/3209; there are other amending instruments but none is relevant.