DANGEROUS DRUGS 1 These Regulations may be cited as the Controlled Drugs (Substances Useful for Manufacture) (Amendment) Regulations 1992 and shall come into force on 1st January 1993. 2 In these Regulations, “the principal Regulations ” means the Controlled Drugs (Substances Useful for Manufacture) Regulations 1991 . 3 Regulation 3 of the principal Regulations shall be amended as follows: a in paragraph (a), for the words “Articles 2(2) and (3), 4 and 5” there shall be substituted the words “Article 2(2) and (3)”; and b paragraph (b) together with the word “and” immediately preceding it shall be omitted. 4 In regulation 4 of the principal Regulations, paragraph (b) together with the word “and” immediately preceding it shall be omitted. 5 After regulation 5 of the principal Regulations, there shall be inserted the following regulations: 5A 1 An operator who is concerned in an export operation involving a scheduled substance in Category 1 of the Annex to the Community Regulation shall ensure that he has the authorisation required by Article 4 of that Regulation. 2 An operator who is concerned in an export operation involving a scheduled substance in Category 2 of the Annex to the Community Regulation shall ensure that he has such authorisation as is required by Article 5 of that Regulation. 3 An operator who is concerned in an export operation involving a scheduled substance in Category 3 of the Annex to the Community Regulation shall ensure that he has such authorisation, if any, as is required by Article 5a of that Regulation. 4 For the purposes of section 68 of the 1979 Act (offences relating to exportation of prohibited or restricted goods) any scheduled substance shall be deemed to be exported contrary to a restriction for the time being in force with respect to it under these Regulations if it is exported without the requisite authorisation having been obtained. 5 In this regulation, “export” (except where it occurs in paragraph (4) above) and “scheduled substance” have the same meanings as in the Community Regulation, and in Articles 4, 5 and 5a of the Community Regulation the words “the competent authorities” shall be taken as a reference to the Secretary of State. 5B An operator who fails to comply with any of the requirements imposed by Article 2a of the Community Regulation is guilty of an offence and liable: a on summary conviction, to imprisonment for a term not exceeding 3 months or a fine not exceeding the statutory maximum or both; b on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both. 5C 1 An operator who fails to comply with any of the requirements imposed by virtue of regulation 5A above is guilty of an offence and liable to the same penalties as an operator who is guilty of an offence under regulation 5B above. 2 The powers conferred by subsection (1) of section 23 of the Misuse of Drugs Act 1971 shall be exercisable also for the purposes of the execution of Articles 4, 5 and 5a of the Community Regulation and subsection (3) of that section (excluding paragraph (a)) shall apply also to the offence under paragraph (1) above, taking references in those subsections to controlled drugs as references to scheduled substances within the meaning of the Community Regulation. 5D Any reference in regulations 5B and 5C above to an operator who fails to comply with the requirements mentioned in those regulations shall include an operator who, in purported compliance with any such requirement: a furnishes information which he knows to be false in a material particular; or b recklessly furnishes information which is false in a material particular. . 6 In regulation 6 of the principal Regulations, after the words “contrary to section 68 of the 1979 Act” there shall be inserted the words “as a result of the application of regulation 5A above,”. Kenneth Clarke One of Her Majesty’s Principal Secretaries of State Home Office 19th November 1992