S.I. No. 63 of 2009

MISUSE OF DRUGS (AMENDMENT) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 27th February, 2009.

I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by section 4 of the Misuse of Drugs Act 1977 (No. 12 of 1977), hereby make the following Regulations:

1. These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2009.

Interpretation

2. In these Regulations, "Principal Regulations" means the Misuse of Drugs Regulations 1988 ( S.I. No. 328 of 1988 ) as amended by the Misuse of Drugs (Amendment) Regulations 1993 ( S.I. No. 342 of 1993 ), the Misuse of Drugs (Amendment No. 1) Regulations 1999 ( S.I. No. 273 of 1999 ) and the Misuse of Drugs (Amendment) Regulations 2007 (S.I. No. 200 of 2007).

Amendment of article 3(1) of Principal Regulations.

3. Article 3(1) of the Principal Regulations is amended by inserting the following definition:

" 'prison officer' means an officer of the Minister for Justice, Equality and Law Reform assigned to perform the duties of a prison officer."

Insertion of new article 11(1)(i) into Principal Regulations.

4. The Principal Regulations are amended by inserting the following immediately after article 11(1)(h), as inserted by the Misuse of Drugs (Amendment No.1) Regulations 1999 ( S.I. No. 273 of 1999 ):

"(i) a prison officer when acting in the course of his duty as such."

GIVEN under my Official Seal,

20 February 2009

MARY HARNEY,

Minister for Health and Children.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2009. The purpose of these Regulations is to allow prison officers to possess controlled drugs in the course of their duty.