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	Statutory Rules of Northern Ireland
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Interpretation
     3. —(1) The Interpretation Act (Northern Ireland) 1954[3] shall apply to these Regulations as it applies to an Act of the Assembly.

    (2) In these Regulations—

(a) "the 1973 Regulations" means the Misuse of Drugs (Safe Custody) (Northern Ireland) Regulations 1973[4];

(b) "the 2002 Regulations" means the Misuse of Drugs Regulations (Northern Ireland) 2002[5].

Amendments to the Misuse of Drugs (Safe Custody) (Northern Ireland) Regulations 1973
     4. —(1) The 1973 Regulations shall be amended as follows.

    (2) For regulation 3(1), substitute—

" This regulation applies to the following premises—
(a) those occupied by a retail dealer for the purposes of his business;

(b) any nursing home registered under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003[6];

(c) any private hospital within the meaning of the Mental Health (Northern Ireland) Order 1986."[7].

    (3) In paragraph 3 of Schedule 1, after "Methyprylone" insert "(ha) Midazolam".

Amendments to the Misuse of Drugs Regulations (Northern Ireland) 2002
     5. —(1) The 2002 Regulations shall be amended as follows.

    (2) In regulation 2(2) (interpretation)—

(a) after the definition of "officer of customs and excise", insert—

" "operating department practitioner" means a person who is registered under the Health Professions Order 2001[8] as an operating department practitioner;"

(b) after the definition of "register" insert—

" "registered chiropodist" has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997[9];";

(c) for the definition of "registered ophthalmic optician", substitute—

" "registered optometrist" has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997[10];
"registered orthoptist" has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997[11];";

(d) after the definition of "registered orthotist and prosthetist" insert—

" "registered paramedic" has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997[12];";

(e) after the definition of "registered pharmacy" insert—

" "registered physiotherapist" has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997[13];
"registered radiographer" has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997[14];";

(f) omit the definitions of "sister or acting sister", "state registered chiropodist" and "state registered paramedic".

    (3) For "sister or acting sister", in each place those words appear in the following regulations, substitute "senior registered nurse or acting senior registered nurse"—

(a) regulation 8(2) (production and supply of drugs in Schedules 2 and 5);

(b) regulation 9(3) (production and supply of drugs in Schedules 3 and 4);

(c) regulation 14(6) (documents to be obtained by supplier of controlled drugs);

(d) regulation 19(3) (record-keeping requirements in respect of Schedules 1 and 2).

    (4) In regulation 6B(f) for "use in palliative care of treatment of tonic-clonic seizures" substitute "use in palliative care or treatment of tonic-clonic seizures"[15].

    (5) In regulation 8 (production and supply of drugs in Schedules 2 and 5)—

(a) after paragraph (2)(e), insert—


" (ea) in the case of such a drug supplied to him by a person responsible for the dispensing and supply of medicines at a hospital, an operating department practitioner practising in that hospital;";



(b) at the end of paragraph (2)(i), omit "or";

(c) in paragraph (2)(ii) for "doctor or dentist." substitute "doctor, dentist, supplementary prescriber acting under and in accordance with the terms of a clinical management plan or, subject to paragraph (2A), a nurse independent prescriber; or";

(d) after paragraph (2)(ii), insert—



" (iii) an operating department practitioner to supply any drug otherwise than for administration to a patient in a ward, theatre or other department in accordance with the directions of a doctor, dentist, supplementary prescriber acting under and in accordance with the terms of a clinical management plan or, subject to paragraph (2A), a nurse independent prescriber.";



(e) after paragraph (2), insert—

    " (2A) The directions given by a nurse independent prescriber referred to in paragraph (2)(ii) and (iii) shall relate only to a controlled drug which he may prescribe under regulation 6B and a purpose for which it may be prescribed under that regulation.".

    (6) In regulation 9 (production and supply of drugs in Schedules 3 and 4)—

(a) after paragraph (3)(c), insert—


" (d) in the case of such a drug supplied to him by a person responsible for the dispensing and supply of medicines at a hospital, an operating department practitioner practising in that hospital;";



(b) in paragraph (3)(ii) for "doctor or dentist." substitute "doctor, dentist, supplementary prescriber acting under and in accordance with the terms of a clinical management plan or, subject to paragraph (3A), a nurse independent prescriber; or ";

(c) after paragraph (3)(ii), insert—



" (iii) an operating department practitioner to supply any drug otherwise than for administration to a patient in a ward, theatre or other department in accordance with the directions of a doctor, dentist, supplementary prescriber acting under and in accordance with the terms of a clinical management plan or, subject to paragraph (3A), a nurse independent prescriber.";



(d) after paragraph (3), insert—

    " (3A) The directions given by a nurse independent prescriber referred to in paragraph (3)(ii) and (iii) shall relate only to a controlled drug which he may prescribe under regulation 6B and a purpose for which it may be prescribed under that regulation.";

(e) in paragraph (8), after "any drug specified in Schedule 4" insert "or Midazolam".

    (7) In regulation 10 (possession of drugs in Schedules 2, 3 and 4)—

(a) in paragraphs (1)(c) and (d), for "regulation 9(3)(b) or (c)" substitute "regulation 9(3)(b) to (d)";

(b) in paragraph (1)(i), after "sub-paragraph (e)" insert "or (ea)";

(c) in paragraph (1)(ii), after "sub-paragraph (c)" insert "or (d)".

    (8) In regulation 14 (documents to be obtained by supplier of controlled drugs)—

(a) in paragraph (2), for "paragraph" where this first occurs substitute "regulation";

(b) after paragraph (5) insert—

    " (5A) Subject to paragraph (5B), on receipt of a requisition (other than a veterinary requisition) mentioned in paragraph (2), the supplier shall—


(a) mark on the requisition in ink or otherwise indelibly his name and address; and

(b) send the requisition to the relevant National Health Service agency in accordance with arrangements specified by that agency.



    (5B) Paragraph (5A) shall not apply where the supplier is—



(a) a wholesale dealer; or

(b) a person responsible for the dispensing and supply of medicines at a hospital or nursing home.";



(c) after paragraph (7) insert—

    " (8) In this regulation, "veterinary requisition" means a requisition which states, in accordance with paragraph (2)(ii), that the recipient is a veterinary surgeon or veterinary practitioner.".

    (9) In regulation 15(1B), for "issuing the description" substitute "issuing the prescription."

    (10) In regulation 19 (record keeping requirements in respect of drugs in Schedules 1 and 2)—

(a) in paragraph (1)(a) for "in the form specified in Part I or II of Schedule 6, as the case may require," substitute "subject to sub-paragraph (f), using the headings specified in sub-paragraphs (d) and (e),";

(b) after paragraph (1)(c) insert—


" (d) The headings in respect of entries made for drugs obtained are—


(i) Date supply received;

(ii) Name and address from whom received;

(iii) Quantity received.



(e) The headings in respect of entries made for drugs supplied are—



(i) Date supplied;

(ii) Name/Address of person or firm supplied;

(iii) Details of authority to possess — prescriber or licence holder's details;

(iv) Quantity supplied;

(v) Person collecting Schedule 2 controlled drug (patient/patient's rep/healthcare professional) and if healthcare professional, name and address;

(vi) Was proof of identity requested of patient/patient's rep (Yes/No);

(vii) Was proof of identity of person collecting provided (Yes/No).



(f) The headings at sub-paragraph (e)(v) to (vii) apply only in respect of drugs specified in Schedule 2.";



(c) for paragraph (2), substitute—

    " (2) Entries made in respect of drugs obtained and drugs supplied may be made on the same page or on separate pages in the register.";

(d) in paragraph (2A), for "paragraphs (1) and (2)" substitute "paragraph (1)".

    (11) In regulation 20 (requirements as to registers), for paragraph (a) substitute "in the separate register or separate part of the register used for each class of drug, a separate page shall be used in respect of each strength and form of that drug and the head of each such page shall specify the class of the drug, its strength and form;".

    (12) In regulation 23 (preservation of registers, books and other documents)—

(a) in paragraph (3)—


(i) omit "requisition, order and"; and

(ii) for "regulations" substitute "Regulations";



(b) in paragraph (4) for ", or a copy of such prescription, must" insert "shall".

    (13) In paragraph 1 of Part 1 of Schedule 4 (controlled drugs subject to the requirements of regulations 22, 23, 26 and 27), omit "Midazolam".

    (14) In paragraph 1(a) of Schedule 3 (controlled drugs subject to the requirements of regulations 14 to 16, 18, 22 to 24, 26 and 27), after "Methyprylone" insert "Midazolam".

    (15) Omit Schedule 6 (form of register).

    (16) In paragraph (1) of Schedule 8—

(a) in sub-paragraph (a), after "who is a" omit "state";

(b) for sub-paragraphs (d) to (h) substitute—


" (d) a registered optometrist;

(e) a registered chiropodist;

(f) a registered orthoptist;

(g) a registered physiotherapist;

(h) a registered radiographer;".

Amendments to The Misuse of Drugs (Amendment) (No.3) Regulations (Northern Ireland) 2006
     6. —(1) The Misuse of Drugs (Amendment) (No. 3) Regulations (Northern Ireland) 2006[16] shall be amended as follows.

    (2) In regulation 2 (commencement)—

(a) in paragraph (1) omit "Subject to paragraph (2).";

(b) omit paragraph (2)

    (3) Omit regulations 8(1) and 11.

(Amendment to The Misuse of Drugs) (Amendment) (No. 4) Regulations (Northern Ireland) 2006
     7. Omit regulation 8 of the Misuse of Drugs (Amendment) (No. 4) Regulations (Northern Ireland) 2006[17] (Amendment to the Misuse of Drugs) (Amendment) (No. 3) Regulations (Northern Ireland) 2006.



Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on


30th July 2007.

L.S.

Andrew Elliott
A Senior Officer of the Department of Health, Social Services and Public Safety

[2] S.R. & O. (N.I.) 1973 No. 504; Article 5(a) and S.I. 1999/283 (N.I. 1); Article 3(6)back

[3] 1954 c. 33 (N.I.)back

[4] S.R. 1973 No. 179; the relevant amending Regulations are S.R. 1987 No. 67 and S.R. 1999 No. 252back

[5] S.R. 2002 No. 1; the relevant amending Regulations are S.R. 2003 No. 314, S.R. 2003 No. 420, S.R. 2005 No. 119, S.R. 2005 No. 564, S.R. 2006 No. 44, S.R. 2006 No. 214, S.R. 2006 No. 264 and S.R. 2006 No. 334back

[6] S.I. 2003/431 (N.I. 9)back

[7] S.I. 1986/595 (N.I. 4)back

[8] S.I. 2001/254 as amended by S.I. 2004/2033back

[9] S.I. 1997/1830. The definition of "registered chiropodist" was inserted by S.I. 2003/1590back

[10] S.I. 1997/1830. The definition of "registered optometrist" was inserted by S.I. 2005/848back

[11] S.I. 1997/1830. The definition of "registered orthoptist" was inserted by S.I. 2003/1590back

[12] S.I. 1997/1830. The definition of "registered paramedic" was inserted by S.I. 2003/1590back

[13] S.I. 1997/1830. The definition of "registered physiotherapist" was inserted by S.I. 2003/1590back

[14] S.I. 1997/1830. The definition of "registered radiographer" was inserted by S.I. 2003/1590back

[15] Regulation 6B was inserted by regulation 6 of S.R. 2005 No. 564 and amended by regulation 4 of S.R. 2006 No. 214back

[16] S.R. 2006 No. 264back

[17] S.R. 2006 No. 334back

 © Crown copyright 2007