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Section 1 deals with the duty of the Advisory
Council on the Misuse of Drugs and the definition of
'misuse', section 2 with definitions of 'controlled
drug' (as opposed to references to 'drugs' in section
1).
Following text from www.ukcia.org/pollaw/lawlibrary/misuseofdrugsact1971.html
An Act to make new provision with respect to
dangerous or otherwise harmful drugs and related
matters, and for purposes connected therewith. [27th
May 1971]
BE IT ENACTED by the Queen's most Excellent
Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the authority of
the same, as follows:-
The Advisory Council on the Misuse of Drugs
1.-(1) There shall be constituted in accordance
with Schedule 1 to this Act as Advisory Council on
the Misuse of Drugs (in this Act referred to as
"the Advisory Council"); and the
supplementary provisions contained in that Schedule
shall have effect in relation to the Council.
(2) It shall be the duty of the Advisory Council
to keep under review the situation in the United
Kingdom with respect to drugs which are being or
appear to them likely to be misused and of which the
misuse is having or appears to them capable of having
harmful effects sufficient to constitute a social
problem, and to give to any one or more of the
Ministers, where either the Council consider it
expedient to do so or they are consulted by the
Minister or Ministers in question, advice on measures
(whether or not involving alteration of the law)
which in the opinion of the Council ought to be taken
for preventing the misuse of such drugs or dealing
with social problems connected with their misuse, and
in particular on measures which in the Opinion of the
Council ought to be taken-
(a) for restricting the availability of such drugs
or supervising the arrangements for their supply;
(b) for enabling persons affected by the misuse of
such drugs to obtain proper advice, and for securing
the provision of proper facilities and services for
the treatment rehabilitation and after-care of such
persons;
(c) for promoting co-operation between the various
professional and community services which in the
opinion of the Council have a part to play in dealing
with social problems connected with the misuse of
such drugs;
(d) for educating the public (and in particular
the young) in the dangers of misusing such drugs, and
for giving publicity to those dangers; and
(e) for promoting research into, or otherwise
obtaining information about, any matter which in the
opinion of the Council is of relevance for the
purpose of preventing the misuse of such drugs or
dealing with any social problem connected with their
misuse.
(3) It shall also be the duty of the Advisory
Council to consider any matter relating to drug
dependence or the misuse of drugs which may be
referred to them by any one or more of the Ministers
and to advise the Minister or Ministers in question
thereon, and in particular to consider and advise the
Secretary of State with respect to any communication
referred by him to the Council, being a communication
relating to the control of any dangerous or otherwise
harmful drug made to Her Majesty's Government in the
United Kingdom by any organisation or authority
established by or under any treaty, Convention or
other agreement or arrangement to which that
Government is for the time being a party.
(4) In this section "the Ministers"
means the Secretary of State for the Home Department,
the Secretaries of State respectively concerned with
health in England, Wales and Scotland, the
Secretaries of State respectively concerned with
education in England, Wales and Scotland, the
Minister of Home Affairs for Northern Ireland, the
Minister of Health and Social Services for Northern
Ireland and the Minister of Education for Northern
Ireland.
Controlled drugs and their classification
2.-(1) In this Act-
(a) the expression "controlled drug"
means any substance or product for the time being
specified in Part I, II, or III of Schedule 2 to this
Act; and
(b) the expressions "Class A drug",
"Class B drug" and "Class C drug"
mean any of the substances and products for the time
being specified respectively in Part I, Part II and
Part III of that Schedule;
and the provisions of Part IV of that Schedule
shall have effect with respect to the meanings of
expressions used in that Schedule.
(2) Her Majesty may by Order in Council make such
amendments in Schedule 2 to this Act as may be
requisite for the purpose of adding any substance or
product to, or removing any substance or product
from, any of Parts I to III of that Schedule,
including amendments for securing that no substance
or product is for the time being specified in a
particular one of those Parts or for inserting any
substance or product into any of those Parts in which
no substance or product is for the time being
specified.
(3) An Order in Council under this section may
amend Part IV of Schedule 2 to this Act, and may do
so whether or not it amends any other Part of that
Schedule.
(4) An Order in Council under this section may be
varied or revoked by a subsequent Order in Council
thereunder.
(5) No recommendation shall be made to Her Majesty
in Council to make an Order under this section unless
a draft of the Order has been laid before Parliament
and approved by a resolution of each House of
Parliament; and the Secretary of State shall not lay
a draft of such an Order before Parliament except
after consultation with or on the recommendation of
the Advisory Council.
Links:
Full text: www.ukcia.org/pollaw/lawlibrary/misuseofdrugsact1971.html
