Misuse of Drugs Act 1977

Regulations generally; laying of orders.

38

38. (1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed, provided that in so far as any such regulations provide for the charging of fees they shall only be made with the consent of the Minister for Finance.

(2) Regulations under this Act may apply to controlled drugs generally, to controlled drugs of a prescribed class or description, or to one or more prescribed controlled drugs.

(3) Every regulation and every order made under this Act (other than an order under section 8 (8) or an order referred to in section 11 or section 28) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next twenty-one days on which that House has sat after the regulation or order is laid before it, the regulation or order, as the case may be, shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Annotations:

Modifications (not altering text):

C22

Functions transferred and reference to “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3 and 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 12 of 1977

Misuse of Drugs Act 1977

Sections 38 and 40

...

...

...

Editorial Notes:

E156

Power pursuant to section exercised (2.04.2020) by Misuse of Drugs (Amendment) Regulations 2020 (S.I. No. 99 of 2020).

E157

Power pursuant to section exercised (26.06.2019) by Misuse Of Drugs (Amendment) Regulations 2019 (S.I. No. 282 of 2019).

E158

Power pursuant to section exercised (24.11.2017) by Misuse of Drugs (Amendment) Regulations 2017 (S.I. No. 532 of 2017).

E159

Power pursuant to section exercised (4.05.2017) by Misuse of Drugs Regulations 2017 (S.I. No. 173 of 2017), in effect as per reg. 1(2).

E160

Power pursuant to section exercised (17.12.2014) by Misuse of Drugs (Amendment) (No. 2) Regulations 2014 (S.I. No. 583 of 2014).

E161

Power pursuant to section exercised (11.07.2014) by Misuse of Drugs (Amendment) Regulations 2014 (S.I. No. 323 of 2014).

E162

Power pursuant to section exercised (1.01.2013) by Misuse of Drugs (Licence Fees) (Amendment) Regulations 2012 (S.I. No. 544 of 2012), in effect as per reg. 3.

E163

Power pursuant to section exercised (1.11.2011) by Misuse of Drugs (Amendment) Regulations 2011 (S.I. No. 552 of 2011).

E164

Power pursuant to section exercised (11.05.2010) by Misuse of Drugs (Amendment) Regulations 2010 (S.I. No. 200 of 2010).

E165

Power pursuant to section exercised (31.03.2009) by Misuse of Drugs (Amendment) (No. 2) Regulations 2009 (S.I. No. 122 of 2009).

E166

Power pursuant to section exercised (1.05.2007) by Misuse of Drugs (Amendment) Regulations 2007 (S.I. No. 200 of 2007).

E167

Power pursuant to section exercised (31.01.2006) by Misuse of Drugs (Amendment) Regulations 2006 (S.I. No. 53 of 2006), in effect as per reg. 3.

E168

Power pursuant to section exercised (22.11.1993) by Misuse of Drugs (Amendment) Regulations 1993 (S.I. No. 342 of 1993).

E169

Power pursuant to section exercised (1.02.1988) by Misuse of Drugs (Licence Fees) (Amendment) Regulations 1988 (S.I. No. 11 of 1988), in effect as per reg. 3.

E170

Power pursuant to section exercised (1.06.1986) by Misuse of Drugs (Licence Fees) (Amendment) Regulations 1986 (S.I. No. 172 of 1986), in effect as per reg. 3.

E171

Power pursuant to section exercised (1.03.1985) by Misuse of Drugs (Licence Fees) (Amendment) Regulations 1985 (S.I. No. 29 of 1985), in effect as per reg. 3.

E172

Power pursuant to section exercised (23.10.1984) by Misuse of Drugs (Committees of Inquiry) Regulations 1984 (S.I. No. 264 of 1984), in effect as per reg. 3.

E173

Power pursuant to section exercised (1.03.1983) by Misuse of Drugs (Safe Custody) Regulations 1982 (S.I. No. 321 of 1982), in effect as per reg. 2. Note that this SI was given statutory status (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 2 and sch. 2, commenced as per s. 1(3). It was revoked by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 7(b), not commenced as of date of revision.

E174

Power pursuant to section exercised (15.05.1979) by Misuse of Drugs (Licence Fees) Regulations 1979 (S.I. No. 164 of 1979), in effect as per reg. 2. Note that this SI was given statutory status (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 2 and sch. 2, commenced as per s. 1(3).

E175

Previous affecting provision: power pursuant to section exercised (1.03.2004) by Misuse of Drugs (Scheduled Substances) (Amendment) Regulations 2004 (S.I. No. 92 of 2004); revoked (22.12.2009) by European Communities (Control of Drug Precursors) Regulations 2009 (S.I. No. 558 of 2009), reg. 37(1)(c).

E176

Previous affecting provision: power pursuant to section exercised (4.02.2003) by Misuse of Drugs (Scheduled Substances (Amendment) Regulations 2003 (S.I. No. 41 of 2003); revoked (1.03.2004) by Misuse of Drugs (Scheduled Substances) (Amendment) Regulations 2004 (S.I. No. 92 of 2004), reg. 2.

E177

Previous affecting provision: power pursuant to section exercised (22.11.1993) by Misuse of Drugs (Scheduled substances) Regulations 1993 (S.I. No. 338 of 1993); revoked (22.12.2009) by European Communities (Control of Drug Precursors) Regulations 2009 (S.I. No. 558 of 2009), reg. 37(1)(b).

E178

Previous affecting provision; power pursuant to section exercised (8.12.1988) by Misuse of Drugs Regulations 1988 (S.I. No. 328 of 1988). Note that this SI was given statutory status (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 2 and sch. 2, commenced as per s. 1(3). It was revoked (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 7(d), S.I. No. 172 of 2017.

E179

Previous affecting provision: power pursuant to section exercised (16.10.1987) by Misuse of Drugs (Amendment) Regulations 1987 (S.I. No. 263 of 1987); revoked (8.12.1988) by Misuse of Drugs Regulations 1988 (S.I. No. 328 of 1988), reg. 2.

E180

Previous affecting provision: power pursuant to section exercised (1.05.1979) by Misuse of Drugs Regulations 1979 (S.I. No. 32 of 1979), in effect as per reg. 2; revoked (8.12.1988) by Misuse of Drugs Regulations 1988 (S.I. No. 328 of 1988), reg. 2.

E181

Previous affecting provision: power pursuant to section exercised (1.05.1979) by Misuse of Drugs (Committees of Inquiry, Advisory Committees and Advisory Panels) Regulations 1979 (S.I. No. 31 of 1979), in effect as per reg. 2; revoked (23.10.1984) by Misuse of Drugs (Committees of Inquiry) Regulations 1984 (S.I. No. 264 of 1984), reg. 8.