Misuse of Drugs
(Safe Custody) (Jersey) Order 1981
Official
Consolidated Version
This is an official
version of consolidated legislation compiled and issued under the authority of
the Legislation (Jersey) Law 2021.
08.680.80
Showing the law
from 24 November 2023 to Current
Misuse of Drugs
(Safe Custody) (Jersey) Order 1981[1]
THE HEALTH AND SOCIAL
SERVICES COMMITTEE, in
pursuance of Article 13
of the Misuse of Drugs
(Jersey) Law 1978 and after
consultation with the Advisory Council on the Misuse of Drugs, orders as
follows –
Commencement [see endnotes]
1 Interpretation
(1) In
this Order –
“controlled drug”
has the meaning assigned thereto by Article 3 of the Misuse of Drugs
(Jersey) Law 1978;
“Minister” has
the meaning assigned to it by paragraph (1) of Article 1 of the Law.
(2) References
in this Order to any enactment shall be construed as references to that
enactment as amended or extended by or under any other enactment.
2 Safe custody requirement
(1) Subject
to the provisions of paragraph (5), the occupier and every person
concerned in the management of any premises on which controlled drugs are kept
shall ensure that all the drugs (other than those specified in Schedules 4
and 5 to the Misuse of Drugs (General Provisions) (Jersey) Order 1989) are
kept in a locked room, safe, cabinet or other receptacle which is so
constructed and maintained, having regard to the nature of the premises, as to
prevent unauthorized access to the drugs.[2]
(2) The
Minister, or any person duly authorized in writing by the Minister in that
behalf, may cause any premises on which controlled drugs are kept to be
inspected at any reasonable time for the purpose of ascertaining whether the
requirements of this Article are being complied with.
(3) Where
the Minister is of the opinion that the requirements of paragraph (1) are
not being complied with, or, having regard to the nature of the premises or any
other factor, that the precautions taken are not sufficient to prevent
unauthorized access to the drugs, it may, by notice in writing served on the
occupier or any other person concerned in the management of the premises,
direct the occupier or the person to take such precautions or further
precautions in relation to such drugs as may be specified in the notice within
the period specified therein.
(4) For
the purposes of paragraph (3), a direction given thereunder may require
the making of such structural alterations of such standards and specifications
as the Minister considers necessary in all the circumstances.
(5) This
Article does not apply to the following persons –
(a) a person engaged in the business of a
carrier when acting in the course of that business; or
(b) a person engaged in the business of the Minister for Sustainable Economic
Development when acting in the course of that business.[3]
3 Citation
This Order may be cited
as the Misuse of Drugs (Safe Custody) (Jersey) Order 1981.