Misuse of Drugs Regulations 1977

23 Conditions of supply to agents

(1)

No person other than a practitioner shall supply any Class A controlled drug or Class B controlled drug, not being a controlled drug supplied pursuant to a prescription, to any other person, unless the person supplying the controlled drug holds a written authority—

(a)

setting out the name and address of the person for whom the controlled drug is to be supplied; and

(b)

specifying by name and quantity the controlled drug to be supplied; and

(c)

specifying or describing the intended method of delivery to the person for whom the controlled drug is to be supplied; and

(d)

signed by the person for whom the controlled drug is to be supplied:

provided that in cases of emergency a controlled drug may be supplied without the written authority, but in that event the person to whom the controlled drug is supplied shall give the supplier the written authority within 48 hours after delivery, and, if the supplier fails to receive the authority within that period, he or she shall report the circumstances forthwith in writing to the Medical Officer of Health.

(2)

Every person supplying a controlled drug pursuant to subclause (1) shall—

(a)

before supplying the controlled drug (except where it is supplied pursuant to the proviso to that subclause) satisfy himself or herself that the authority referred to in that subclause has been duly completed, and, in particular, that it has been signed by the person for whom the controlled drug is to be supplied; and

(b)

endorse on the face of that authority at the time of supply or at the time when he or she receives the authority, as the case may require, above the signature of the person for whom the controlled drug is to be supplied, the name and address of the premises from which, and the date on which, the controlled drug is or was supplied; and

(c)

sign that endorsement; and

(d)

retain that authority or cause that authority to be retained, in an orderly and consecutive manner in relation to other such authorities, at the premises from which the controlled drug was supplied for a period of 4 years from the date on which that controlled drug was supplied; and

(e)

permit any constable and any officer to examine that authority and make copies thereof.

(3)

No person shall supply any controlled drug for delivery through the post except for delivery by registered or insured post.

(4)

This regulation shall not apply in respect of any exempted drug.

Regulation 23(1): amended, on 3 January 1980, by regulation 2 of the Misuse of Drugs Regulations 1977, Amendment No 3 (SR 1979/274).

Regulation 23(2)(e): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Regulation 23(3): amended, on 19 May 1978, by regulation 2(2) of the Misuse of Drugs Regulations 1977, Amendment No 2 (SR 1978/142).

Regulation 23(4): inserted, on 19 May 1978, by regulation 2(1) of the Misuse of Drugs Regulations 1977, Amendment No 2 (SR 1978/142).