Misuse of Drugs Act 1977
Regulations generally; laying of orders.
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:
E183
Power pursuant to section exercised (29.02.2024) by Misuse of Drugs (Amendment) Regulations 2024 (S.I. No. 71 of 2024).
E184
Power pursuant to section exercised (1.04.2023) by Misuse of Drugs (Amendment) (No. 2) Regulations 2023 (S.I. No. 156 of 2023), in effect as per reg. 2.
E185
Power pursuant to section exercised (30.03.2023) by Misuse of Drugs (Amendment) Regulations 2023 (S.I. No. 150 of 2023).
E186
Power pursuant to section exercised (27.04.2022) by Misuse of Drugs (Amendment) Regulations 2022 (S.I. No. 210 of 2022).
E187
Power pursuant to section exercised (2.04.2020) by Misuse of Drugs (Amendment) Regulations 2020 (S.I. No. 99 of 2020).
E188
Power pursuant to section exercised (26.06.2019) by Misuse Of Drugs (Amendment) Regulations 2019 (S.I. No. 282 of 2019).
E189
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).
E190
Power pursuant to section exercised (17.12.2014) by Misuse of Drugs (Amendment) (No. 2) Regulations 2014 (S.I. No. 583 of 2014).
E191
Power pursuant to section exercised (11.07.2014) by Misuse of Drugs (Amendment) Regulations 2014 (S.I. No. 323 of 2014).
E192
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.
E193
Power pursuant to section exercised (1.11.2011) by Misuse of Drugs (Amendment) Regulations 2011 (S.I. No. 552 of 2011).
E194
Power pursuant to section exercised (11.05.2010) by Misuse of Drugs (Amendment) Regulations 2010 (S.I. No. 200 of 2010).
E195
Power pursuant to section exercised (31.03.2009) by Misuse of Drugs (Amendment) (No. 2) Regulations 2009 (S.I. No. 122 of 2009).
E196
Power pursuant to section exercised (1.05.2007) by Misuse of Drugs (Amendment) Regulations 2007 (S.I. No. 200 of 2007).
E197
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.
E198
Power pursuant to section exercised (22.11.1993) by Misuse of Drugs (Amendment) Regulations 1993 (S.I. No. 342 of 1993).
E199
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.
E200
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.
E201
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.
E202
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.
E203
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.
E204
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).
E205
Previous affecting provision: power pursuant to section exercised (18.03.2021) by Misuse of Drugs (Amendment) Regulations 2021 (S.I. No. 121 of 2021); revoked (27.04.2022) by Misuse of Drugs (Amendment) Regulations 2022 (S.I. No. 210 of 2022), reg. 3(b).
E206
Previous affecting provision: power pursuant to section exercised (24.11.2017) by Misuse of Drugs (Amendment) Regulations 2017 (S.I. No. 532 of 2017); revoked (27.04.2022) by Misuse of Drugs (Amendment) Regulations 2022 (S.I. No 210 of 2022), reg. 3(a).
E207
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).
E208
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.
E209
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).
E210
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.
E211
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.
E212
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.
E213
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.